Hi, I have had a look through a lot of the threads on here so I shall try and give as much info as possible for anyone to help me here! I have a £2800 very debt in my name, and a £2500 debt in my wife's name. (these are the 2 I am having trouble with, although we also have a Simplybe and a Jacamo account that have been agreed at £5 per month repayments each) Both were taken out online in 2008. I lost my original job in 2010 (I was earning a good wage then), but I managed to find another job and I kept up with the minimum payments to both Very accounts. However, over the last 4 months I struggled to keep up with paying £130 minimum payment on EACH very account, so I defaulted on mine and I have had issues ever since..... They wouldn't accept my pro rata payment (which I have paid for the last 3 months) and now they have passed it on to NDR who are insisting I pay them the £453.65. Obviously in between I have had several default notices & late payment fees. I lost my job yesterday so now I am waiting on a claim for Job seekers, while I try to find other employment (my wife is also looking for work too). We have 4 children and are really struggling so need to know the best way to approach this. I have already sent Very 3 letters telling them that I would be paying a pro rata payment of £50 (that was what I could afford while I was working, but now I can't!) And they always reply with "that's not acceptable - please phone". I have also asked each time for them to freeze interest and charges which they refused to do. Where do I go from here with both accounts? Do I write to NDR now for my account? Tell them that all I can afford is £5 per month until further notice? And should my wife write to Very and tell them the same, or is there a quicker way of going through the whole "we will not accept your offer of payment" stuff? Sorry that's been a bit long, just trying to put as much info as possible on there! Thanks for any help!

Right, so sorry for how long this is turning out to be, but I have just seen something that I cannot believe........ My job is being advertised on the direct.gov website (jobcentreplus). It was advertised on the 24th October 2011. So, my employer has decided to dismiss me before I have even had a chance to put my side of the story across!!!??? I'm almost 1001% sure this is my job, as there are only 3 drivers in the company, and there are no extra customers/rounds or anything, and also it was only last month that us drivers were told that our sales weren't going up and we had to work harder to bring in the customers. I just wish this would all aort itself out, I really haven't done anything wrong except take the van home once without permission. Any ideas anyone???

Thanks for your replies, however, I would really appreciate some more help...... I phoned the director today (who suspended me) to find out what was going on, and whether I am able to go back to work or not and he now informs me that I have stolen £47 from the company, and this is not the first time this has happened. I can say now, that I have NEVER stolen anything. Why would I want to steal money from them anyway, when I get about £50 in tips each week?! Apparently, on Friday 21st (the last day of my work before my holiday) a customer paid her bill of £47, but the company never recieved this money. I remember paying in on that Friday, and everything was there. I also never had a phone call or anything in the afternoon (after I had finished work, and the office staff should've checked all the money to pay it in to the bank) to say there was any money missing. So, I ask the director for proof that I had stolen (his words) this, and previous money and he said he has got my roundsheet that I have signed to say that the customers have paid (this is usual). So I said to him that of course I signed to say they had paid, because they had! However, it does not prove that I stole any money, as when I handed my roundsheet in, all the money was there. He just kept repeating that he has got my roundsheet from Friday 21st and I have signed to say all the customers have paid. So I questioned him about other times I am supposed to have stolen money and he informed me that my wages have been docked on previous occasions. I have had a quick look at my bank account (as I cannot find my wage slips at present) and I can look back at the last 7 months to find that all my cheque credits from work have been exactly the same! Before April, I had tax issues and my wages were fluctuating. I have also never been spoken to about any missing money at any time since I started work there. He is also maintaining that I have been given 2 previous warnings about "conduct". I have never been in a formal meeting with him, only company perfomance meetings with other members of staff. I have never been asked if I wanted to have someone accompany me into any meetings and I have never signed to say I have been given a warning and that I agree to it. If I have ever been given a warning, I have never been given the chance to appeal against it, I have no idea what he is talking about. Also, (and this is unofficial at the moment), on my suspension letter, it states that ALL members of staff have been interviewed about the missing boxes of food (see my first post) and ALL members of staff have been interviewed about the missing money. I have actually (unofficially) spoked to an office member (who is my friend outside of work) and he has never been asked about any of this, and he is willing to give a statement to say this. Someone please help....... It looks like I'm facing instant dismissal for lots of things I haven't done and I don't know where I stand Thanks again Ricky

Thanks to both of you for your reply. I will be sending a letter off on Monday morning. Thank you so much for your reply, I really hope I haven't screwed up my job!

Hi, can someone help me please. I work as a frozen meal delivery driver, and have been employed since August 2010. A letter landed on my doorstep today telling me that since my performance review (last week, all seemed well) I have been suspended from work pending investigation for the following reasons: 1) 2 boxes of meals have gone missing. I told my employer as soon as I noticed they were not on my van, but apparently the packer is saying they were definately there and all the office staff/other drivers know that the freezer was empty, so no boxex were left behind. Seriously, I have no idea where these boxes are, as when I loaded my van on the morning in question, I noticed they weren't there and I informed the office as soon as I could 2) A customer has phoned the office and complained about a conversation that I had with them. Basically, the customer is saying that I said I didn't like my job and that it was making me depressed. They are also saying that I mentioned I did not get paid enough. My explaination for this is that I was literally passing the time of day, saying that my wage was low, however I never said anything about being depressed nor did I say I hated my job (in fact, I quite like my job!) 3) THIS IS THE MAIN ISSUE I NEED HELP WITH I have been told by the director of the company (the person who signed my contract) that I am not allowed to take the work van home overnight. There was one occasion that I was asked by my manager (not the director) to do an emergency delivery first thing in the morning, and I was allowed the van home for that reason. On another occasion, a similar thing happened, but I had several extra deliveries to do on the day, which made me run very late, and again, my manager said I could take the van home overnight. I was spoken to about this, and told that insurance did not cover me to take the van home. Here is where I have made a big boo-boo so to speak...... Last Thursday, I took the van home overnight again (yes, yes, stupid I know), but here is my reason. My 1yr old daughter had had an MRI and other tests which needed a general aneasthetic on the Tuesday and was still quite poorly on the Thursday (she has heart disease). My wife phoned me at work and asked if I could collect the older children from school as she was taking my youngest to the docs to get checked. Without thinking, I said I would, but I ran really late and I thought I would "get away" with taking the van home for this reason. God help me I now don't know if I have a job to go back to or not. I am supposed to be on holiday for the week but how can me and the family enjoy it with this hanging over us? All down to my stupidity. I have spoken to the director and explained that (1) I do not know anything about where these 2 boxes of meals are, (2) I really did not say I hated my job, and that he is more than welcome to phone around any of my other customers to get other opinions etc, as I know 99.5% of my customers are happy with the service they recieve from me and (3) I am really sorry for going against company rules by taking the van home, but I really did have a lot on my mind that day. Any ideas as to which way this will go?? Thanks

Hi, I did post a new thread, but again (sorry) I need some more advice. I have now recieved my final letter from my ex-employer stating what happened at the appeal, and I am now taking it to an employment tribunal. In the letter, the director states he has taken all factors into consideration, yet he doesn't say what - he has not mentioned the witness/police statements and he has not said that he has considered giving me extra training and/or assessment. He has said however, that he is concerned that I have had accidents previously - these were non-fault accidents which we all have to fill out forms for. I have never had ANY form of warning for my driving or for accidents/incidents, therefore I feel these cannot be used against me - what are your thoughts on this? The director has stated that "referring solely to the incident on 15th April, you had been unable to offer any explaination for misjudging your road position" This is the truth - I had an accident and I am not going to start making up stories as to why!!! So why isn't training going to help (in the appeal he stated that training would not rectify the mistake, yet he does not mention this in todays letter) Any advice as to whether this is worth taking to the tribunal? Thanks all

Thank you - I will wait and see, however, because I am taking this to an employment tribunal, I shall NOT be touching the money!

Thank you for your reply...... My point precisely!!!!! I have the letter stating "gross misconduct - summary dismissal" signed by my manager, then I spoke to him this morning (after finding over £3000 in my account) and he replies "that's your dismissal notice - you only don't get the money if you've been dismissed for gross misconduct" I am wondering if they will have a leg to stand on at the employment tribunal - after all, you know why I was dismissed in the first place, and after speaking to ACAS, they feel I should've been offered training and/or another driving assessment INSTEAD of a summary dismissal! I am still as confused as you!

No, I have not signed anything with regards this. I did point out after the appeal that I would be taking it further as I still feel it was very unfair. There is no way £3151.57 would compensate that contract I was on - I have 3 children and a pregnant wife to support - seriously, that won't last very long! I am not touching the money until I have heard back from ACAS, who are trying to sort out a "pre-claim concilliation" before I take it to an employment tribunal. I'm still very confused that my manager dismissed me for gross misconduct (in his opinion!), tells me I won't be entitled to ANY dismissal notice payment, then today tells me I'm entitled to it if I wasn't dismissed due to gross misconduct??????? We'll see what ACAS have to say! Thanks!

Hi, if you don't know my situation, here is a brief: A bus driver for 10 years, no previous warnings, good driving assessments but had a blameworthy accident (no further action by police and witness to confirm), was given a summary dismissal, tried to appeal, but the decision was upheld, therefore I was given a summary dismissal on the grounds on gross misconduct. NOW, this morning I was paid over £3000. I phoned my ex-employer to ask what this was for and was told "this is your dismissal notice - one weeks wage for every year you've worked for us". I questioned why I was entitled to this money and was told "you only DON'T get dismissal notice money if you've been dismissed for gross misconduct" WHAT????? I have the letter here stating that I was dismissed for gross misconduct????? My ex-employer said "Err, really? You were dismissed for gross misconduct are you sure?" Ok, so what is going on here. They know I am now taking this to an employment tribunal, would this be a way of trying to shut me up??? Any ideas????

Hi - got an update - will post a new thread.

Hi, I have already posted this thread http://www.consumeractiongroup.co.uk/forum/employment-problems/256905-help-dismissal-please-gross.html#post2892199 if you need to know the full details please look here - I have had some helpful replies. However, while waiting for my appeal date against gross dismissal, I have been doing some research but want peoples opinions if this will help me or not. I have taken a look at the ACAS disciplinary procedures, and it seems my employer didn't follow the disciplinary procedure properly. Basically, I was suspended on full pay for one week for a "full investigation", however, in the disciplinary hearing, my employer had not viewed the CCTV footage and decided to view it during the adjournment time. ACAS state that the adjournment time during the disciplinary should be used to "look at the employee's record, take into account any other sanctions the employee has and take into account any other special circumstances". All of which my employer did not and has not done. Also, during the disciplinary hearing, my employer did not take into account the witness statement (which also supported what happened that day - in my favour) nor did he take into account anything else, just a 2 minute CCTV footage and "his own beliefs" (his words) Will bringing this up at my appeal help as I feel he has not taken everything into account, and it felt like he had decided to dismiss me before I'd even entered the room! Many Thanks Richard

Thanks again for your replies, I just wonder how "serious negligence" my accident really was. I did take reasonable steps to avoid the accident (by moving out to pass the parked car and not speeding) and it is seen to be a misjudgement of width of the vehicle. The other accident, a driver drove straight into the back of a lorry, without due reason, therefore NOT taking reasonable steps to avoid the accident. Surely this should've been taken into account? After reading up on the ACAS website, I have also found out that at the "informal meeting" (to gather evidence) before the suspension, it states (in their words): "be clear about - what needs to be done to improve, - when you might speak again, - what could happen next i.e formal action. And as a side comment, ACAS state : CHECK: • offer help eg training or counselling if needed • keep written notes I was not offered training or counselling, and I feel that this step could've been offered to me, therefore completing a training course before being put forward to dismissal? Also, in the disciplinary hearing, ACAS state that when the hearing is adjourned, the time should be spent: "Adjourn to consider any action (if necessary) and think about: - previous sanctions - employee’s record - any special circumstances" This was not the case. The time was spent viewing CCTV (which should've been done prior to the hearing surely?) and my employee record was not even mentioned. The words the manager used were: "I have just viewed the CCTV and although I can see you moved out to overtake the parked car it was not enough and therefore it is a summary dismissal". As stated before, I have never been in this situation before, but to me it does seem highly unfair. Thanks again

Ok, so I just checked with my handbook and it states gross misconduct could be "serious negligence which causes or could cause unacceptable loss, damage or injury", so I suppose they have viewed my accident in this manner, but is it fair to give a summary dismissal, when a more appropriate sanction would have been a written warning and a chance to improve (ie completing a refresher course?) I am really panicking right now as I desperately need my job to be able to feed my family. This is causing so much stress in the family home it is unbearable. Thanks to those for replying, any help & info is much appreciated Richard

Yes I personally feel very much so. As I am a more senior driver (almost 10yrs continuous service) my contract is better than a lot of the new drivers. Many senior drivers know that although it's not right, there have been many dismissals of senior drivers for very minor reasons. Basically, I earn £4 more per hour than a new driver, I have better holiday entitlement and I get things such as unsocial hours pay etc. My contract is highly sought after. This cannot be proved though!