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About gregorious77

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  1. weird eh. Website takes me to Resolver which states: If you have previously made a PPI mis-selling claim and been rejected, then you may be able to make a separate claim under the Plevin ruling. If you have previously had a successful claim for mis-sold PPI and had money returned to you then you are not eligible for another claim. They say in my letter I was rejected but I was paid out on a Tomlin order but they always said I was not miss sold PPI.
  2. I have the same letter and I did already get a payout from them when I took it practically to the doors of the court!! I have updated my thread too!! https://www.consumeractiongroup.co.uk/forum/showthread.php?307079-Are-Capital-1-contacting-customers-***WON***
  3. Holy thread revival batman!!!! I received a letter from Capital One today stating " You, or someone acting on your behalf, complained to us previously about our sale of your PPI policy. We rejected the complaint because your policy was not mis-sold. Following a supreme court decision and new rules and guidance from the FCA, you can now make a new type of complaint to us about the sale of your PPI policy. You could now receive some money back if we took a high level of commission on your PPI ploicy but didnt tell you this............. Its free and simple to complain bla bla bla." So its all come from some case law where it was proved that there was an unfair relationship (Plevin v Paragon Personal Finance LTD). Funny that I was also alleging the same for my case which caused it to be re allocated to Fast Track!!!!! So I agreed a payout. does that mean I cannot claim? Does it make it more complicated? should I just fill out the form and see what happens?
  4. I have restrictions on my ebay account as they say my wife abused the buyer protection after sending back only 3 items. they restricted my account for 90 days so I could sell only and now I still have no buyer protection so I cannot raise a claim at all. The would not explain why except they said I had similar buying trends so they couldnt rule out my wife owning both accounts. total load of rubbish. I have 100% positive feedback (391) since 2003 but this doesnt matter apparently. When I buy it still tells me I am protected but if I try and raise a case it says "We're sorry there's an issue with this purchase. Unfortunately, you're no longer covered by eBay Money Back Guarantee"
  5. The stress is bothering him now which is not fair. I have said phone union and let them deal with it as it is just going to end up a tit for tat letter writing exercise. Solicitor wants paying for further advice which is expensive and she already said the only thing they could sue for is losses which we believe would not exist as his salary works out at around £165 a day whereas a temp agency teacher costs the school £150 per day. Why anyone would want to force someone to stay is beyond me! One other thing the head states is that it is acting in bad faith to leave early (even though he gave an additional 1 months notice on top of what they expect) after they have acted in good faith by acting and relying on his original resignation date? strange statement. I dont think the moving forward of a resignation date has ever been tested in court and believe any case would be expensive and complicated far outweighing any advantage. The fact that losses could not be shown would be a non starter imo. I asked the opinion of the HR dept at my work said they would never pursue this scenario as ample notice has still been given as per contract. They said if they cant recruit in the time allocated its not the fault of the employee so what would they even sue for?
  6. So the plot thickens. Latest news is the head has said "Once an employee gives notice of resignation, it is effective and can only be varied or retracted with their employer's permission. Once notice is served, it is effective." The head also states "We are not obliged to release you early from your notice period. Accelerating your leaving date would have an adverse impact on the school..........bla bla bla". The head then proposes a compromise where he has to go in on afternoons and odd days to help with the Yr 11 exam kids. The last part says that leaving early "will undoubtedly be a breach of contract" and that it will result in the school perusing for "breach of contract for the recovery of additional costs, which the school will be put by hiring in short term cover in the period after 11th April" They will no longer be paying his salary which would be in excess of a cover teacher so this holds no weight whatsoever! He is not interested in the compromise after being threatened with legal action. it would mean he had 2 jobs too so would also be taxed as such. He will be forwarding this letter to his solicitor for further advice but it seems nuts to me!
  7. The head will not accept a withdrawal of the original resignation though and previous advice has said they are within their rights to refuse to allow withdrawal hence it being an amendment request. Legal advice received as follows: " Your ‘new contract’ if you had one would be on the same terms as the old, eg. That you could resign provided you did so on notice with the notice ending at certain key points. So, if you are within your old contract provisions for resignation by Easter then that’s not a breach. Even if it were, the issue for the school you would be leaving is what exactly can they sue for? They have to prove that they have suffered a loss and generally speaking they make a gain in that they are no longer paying your salary. So, its hard for them to bring a claim anyway even if you were in breach. I think The HT is just trying to worry you and I would say that you have taken some initial advice and understand that you are able to resign even after an earlier resignation has been agreed. Stand your ground, I’m sure the HT will back down."
  8. This is a strange one and been hard to answer so far. My friend is a teacher and has handed in his notice to finish on Aug 31st (notice period in contract gives latest date of May 31st for Aug finish). This was done before Christmas. His circumstances have now changed and he wanted to change the finish date to April (notice period in contract gives latest date of Feb 28th for April finis). This is still well within the contracted notice period but the employer has said he will have to work his original notice or be sued for breach of contract! Can this be the case? has he effectivly somehow signed up to a fixed term contract? Answers on a post card please. He will be taking legal advice but wondered if anyone has had previous experience of this.
  9. re-worded version. Please find enclosed a letter to invoke the Grievance Procedure. As you are aware I feel I have been bullied by XXX for a considerable length of time. I originally collated the information for the Grievance during the school years of 2011/12 and 2012/13. I postponed submitting it sooner as I was under a lot of stress dealing with the immediate situation, hence being signed off by my GP with work related stress shortly before my leave started. For the sake of my mental wellbeing I took my maternity leave six week earlier than planned. It is now that my maternity leave is drawing to an end that the feelings of anxiety and worry have returned and now the issues need to be resolved before I can return to my post in January 2014. I feel I cannot return to work under the same conditions. I request that the grievance procedure is put into effect with immediate action being taken to resolve this issue before my return to work or if the issue cannot be resolved I feel a compromise will need to be reached.
  10. Hello all. Long time!!! So my wife decided not to put the grievance in as she was not strong enough mentally and heavily pregnant at the time!!! The time has now come to start thinking about the return to work in Jan 2014. She saw her boss down town last week and wanted to cry. all the feelings are coming back and she feels she cant go back to the same situation. We have sought legal advice and they have said it is bullying and we need to put in the original grievance; justify the lateness with the maternity leave and stress and make it clear that the problem must be resolved before the return to work. If it cannot be resolved a compromise must be reached. I am pants at letters but here is my best shot at it. Advise welcomed and needed!!!! Dear XXX, Please find enclosed a letter to invoke the grievance procedure. The reason for the time taken to bring this action is that my life has been very busy with the work related stress prior to my maternity leave having a negative effect on my well being and the birth of my child taking priority over my time. It is only now that I feel I have the strength and time to devote to this issue. As you are aware I feel I have been bullied by XXX for a considerable time. I have been on maternity leave which I had to take six weeks early and am now approaching the time where I am planning my return to work in January. This planning has brought the feelings of anxiety and worry about the bullying I was subjected to and I feel I cannot return to work under the same conditions. I request that the grievance procedure is put into effect with immediate action being taken to resolve this issue before my return to work or if the issue cannot be resolved I feel a settlement will need to be reached.
  11. OK so I thought I would update this thread. My wife moved her maternity leave forward and is now off on maternity leave. She has informed them she will be off for 52 weeks and does intend to return to work after the birth of her baby but has deferred their maternity payment of 12 wks @ 1/2 pay in case she doesn't return to work (pretty standard stuff). This week her job was advertised externally but not as maternity cover but a full time permanent position! What does employment law say about this? It is highly unlikely that it is a new position as the dept is already at full staffing level and no one has said they are leaving!!
  12. also the meetings she has had have got to the stage of them starting capability in the next 8 days or so so it is already at the stage that it might look like it is unfounded and being brought about to counteract their action. this is also mentioned in their protocol.
  13. Well for now she has only raised the grievance for breach of contract and lack of information in their letter about the capability meeting and not following their own procedures. really she just wants out of the whole situation and is not strong enough to fight them. Off sick now due to the stress of it all and going to move her maternity leave forward.
  14. That it might inflame the situation. I recon they dont want to deal with it. its so taboo dont you know. Mental illness and harassment in one grievance, how very dare you!!
  15. Union are worried the grievance for harassment will make matters worse and have said it might not be a good idea bringing it up now!
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