Hello all

Update:

I submitted a written appeal against my redundancy, HR replied in writing giving an explanation why I was being made redundant (Loss of contracts / Company restructure, etc.,) their reply did not include any issues I raised with my appeal letter.

Is that it now? I assumed I was entitled to a face to face appeal to elaborate on the reasons why I appealed (no idea if I was legally entitled to a face to face appeal)

Any advice please?

Have I confused you? not difficult :grin: lol

My position is "at risk" my my employer has created a new position which involves covering the hours and job I do at present, for example, I work 12 hour nights shifts 6pm - 6am, my employer has created a new position which involves someone working 9 -5 (office based during the day) then "on call" from home between 5pm - 9am thus covering the hours & job I already do.

There "IS" a requirement for my position, but due to loss of a major contract, the volume of work has subsided considerably, hence, why they've decided to make me redundant, I'm confused whether they are legally correct is what they're doing, as I thought it was the position that's redundant, based on the example above, my position is not redundant, albeit the workload has reduced.

Hope I've explained my situation better ;-)

No advice awww

Hi BRB

Ah... those details were not mentioned in your initial post...

Oh, I thought I had as in:

under the company's "Restructure programme" a new position has arisen which involves working 9-5 office based, + “on call” from home to cover a small % of out of hours calls, can they do that?

Anyway, no worries

Is that two positions amalgamated into one?

No, it's a "new" position which anyone internally could apply for, the "new" position will incur someone covering the out of hours I worked as well as being office based 9 - 5 (hope I've explained it better)

I'm not understanding something, maybe because I'm sressed

they are offering this position [to you] as a suitable alternative...

The new position will invlove being "on call" 24 hours, ie 9 - 5 office based, then being on call 5pm - 9am, I work 5pm - 9am at present, so they're asking me to increase my hours?

Hi HB

I agree that it's the position that's made redundant

Thank you for the confirmation, I'll have to wait and see if any "experts" on here have an opinion

Thank you, I'm grateful for all the help.

Thanks to you both, may I ask, is there anyway to stop these alleged debts being passed around, for example from Global to RW, etc., etc., or do I just have to go through the same paper exercise each and every time a new DCA contacts me.

it won't hurt or harm you position to make it clear

 

Dear Sirs

 

i refer to you letter of XXXXXXXx

 

 

if you feel that a court will grant you permission to enforce this CCJ no doubt i will receive notification in due course.

 

in the meantime all future communications will be filed unanswered

 

Y F

:D Simple

On the other hand, I created a 3 page letter going into great detail about aboy OFT guidelines (some great template letters on here) who I'll complain to and they need the courts permission for any alleged debt etc., etc.,

so, does the current leech know about the CCJ?

I've no idea tbh, this is my thread which I created yesterday when I received the letter http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/252483-robinson-way-18-year.html

a claimant with a debt as old as the one you mention is about as likely to get permission from the court to enforce it as I am of getting catherine zeta jones and katherine jenkins in bed with me at the same time!

If I just ignore them, they won't go away from what I've read.

how do you/they know there is a CCJ & two it has not already been paid off

About 5 years ago before these type of forums existed, I was contacted by a company called Global, they said it was not SB as a CCJ was awarded, (they supplied the the CCJ reference number) so I called the court, and was informed they had to apply to the court to enforce the debt, I informed Global of what the court said, and heard nothing more, until now.

as far as i am aware only the claimant can apply to enforce (which would IMO include someone acting on their behalf)

Thank you

I'm going to write to RW because from reading, they send people round, I don't want anyone turning up at my door, I've moved on from 1996, and don't wish to that part of my life to be dragged up again.

you are kidding.... 1996!!!

Yes, the alleged debt is from 1992, a CCJ was awarded around 1995 / 1996, I'm going to write to RW informing them they need the courts permission before I enter into any dialogue with them.

From what I've read about RW, they don't go away easily, which is why I'm writing and insisting they go through the court before contacting me again.

Thanks for your help.

if it is the CCJ they are trying to enforce it does not become statute barred

Understood that bit

however

 

they cannot enforce the ccj if you have not paid it for over 6 years without applying to the court

 

a/ they seem not to be the original claimant

 

b/ they would have to produce the judgement to the court (the court will NOT any longer have a hard copy)

Can I confirm please?

If the CCJ was to be enforced, does it have to be the OC who applies to the court to enforce the debt, or can any old DCA apply to the court to "enforce" the CCJ / debt.

Basically, RW have contacted me re an 18 yeard old debt, it's not SB as a CCJ was awarded in 1996, but I'm concerned if RW decide to "enforce" the CCJ by seeking permission from the court.

Thanks for all the helpful replies, however, I've decided to be pro active rather than re active, and am going to send them the SB letter above, no doubt this will confirm it's me, but from what I've read they can't do anything as the debt is well and truly SB, I'm going to mention should they continue to harass me, I'll be raising a complaint with OFT, hopefully, they'll back off.

Robbers Way sound like they are getting desperate if they are chasing 18 year old debts.

OK, I just don't want them turning up at my door out of desperation, I've read on the net they have a habit of doing it.

I've done some searching round the net (Google can be dangerous) and noticed Robinson Way can be a pain in the bum, it seems they don't seem interested whether a debt is SB or not, they'll chance there arm until the last moment even sending people round, from what I've read on the internet maybe ignoring the letter as suggested is not going to stop them.

I don't wish to get into a dispute with them, neither do I want anyone turning up at my door, so can someone help me think this through?

I know today's letter doesn't mention anything about a debt, however, I know what the letter refers to, I'm tempted to send the SB letter of to them, if I send the letter off to them, this will a) confirm it's me, BUT b) warn them that the debt is SB and to back off, or I'll take any necessary action to prevent them harassing me, any suggestions please?

Today's letter has opened a can of worms I wasn't ready for.

OK, may thanks everyone

Send the SB letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred the onus is on them to prove otherwise.

Wait until they contact you again actually mentioning it then send the SB letter.

Do I ignore the template letter above then, and just wait for the next letter to arrive?

Thanks to you all, may I just clarify something, within that SB letter, it states:

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

The letter I received today doesn't mention anything about a debt, it just gives a previous address, by sending the SB letter am I admitting I know about the debt?

Thanks to you both

If you have not made a payment towards or acknowledged this debt in a clear 6 year window then its statute barred and all you need to do is notify them that as it is stat barred you will not be making a payment to them

Do I write or phone?

It ought to be the end of it . But this being Robinson way , things may not come to that happy conclusion so easily .

Really?

What if they say the debt is not SB? I'm not 100% but when I think back I may have received a CCJ, nothing ever came of it tho, but it's so long ago difficult to be 100% certain.

Hi

Can someone please help, from looking round this site, I've found out Robinson Way are debt collectors, not very nice one's at that, today I've received a letter from them stating "If you are not the person who formerly lived at the above address, please contact us without delay on the freephone number below"

What do I do? I am the person who lived at the named address, BUT, I've lived at my current address for 11 years, I've been on the voters register at this address since 2003, the address they quote is an old address I lived at in 1992, looking back, I'm sure they are chasing an old TSB a/c which I've not had contact with since at least 1996 due to personal issues, how do I get these people of my back? my partner is not aware of this old a/c, it's history and she doesn't need to be aware at this stage, I'm worried in case someone comes round and informs her.

Going back to today's letter:

"If you are not the person who formerly lived at the above address, please contact us without delay on the freephone number below"

If I don't contact them, what happens then, will they assume I am the person from the named old address, although there is no details a/c number or why they're looking for the named individual within the contents of todays letter?

Or should I contact them pretending I'm not who they're looking for.

Just to mention, I'm in the process of losing my job via redundancy, I'm under enough stress as it is without these people adding to it.

Hoping someone can assist me out of this mess, many thanks.

Proposed redundancy

 

Further to your announcement 4 weeks ago (re. my position being "at risk") I'm still awaiting written confirmation. I am, therefore, unable to comment on any aspect related to that, however, I am writing to appeal against the decision to make my position, within the company, redundant.

 

I do not feel that the selection process has been fair to me. Further, I understand that volunteers have now been requested to cover my shift. This means that my position has not been made redundant.

 

I look forward to hearing from you in writing within the next 7 days.

 

Yours sincerely

Thank you

Dear ____________

 

Proposed redundancy

 

Following your verbal announcement 4 weeks ago re my position being "at risk" I'm still awaiting written confirmation, I'm therefore unable to comment any aspects in relation to that, however, I am writing to appeal against the decision to make my position with the company redundant.

 

I do not feel that the selection process has been fair to me. Further, I understand that volunteers have been requested to cover my shift. This means that my position is not redundant.

 

I look forward to hearing from you in writing within the next 7 business days

 

Yours sincerely