Its been a busy couple of Days. Contacted ACAS and they gave some good advice over the phone. They commented that the variance referred to in the letter could not be back-dated and used a very strong term - "unlawful" ! Also they said it would have been more reasonable for the Employer to have confirmed the contents of the discussion that took place in March 2012 in writing. It would then have been reasonable for the Employer to have entered into a consultation and discussion period at a minimum of "one week per year's service upto a maximum of twelve weeks". ACAS said that should the Employer wish to proceed without our consent it would be reasonable for the Employer to state their actions in writing giving the same notice period that would be applicable to termination of Contract i.e. twenty-eight days. Finally they said it was a matter that could be taken further at my discretion. After that phone call I got through to my Union representative. Upon hearing of my predicament she advised me to make a formal grievance in writing and post it to my Employer via recorded delivery. She is more than willing to accompany me to the meeting in order that I can air my views and get some transparent answers to the many questions this issue raises. So I'm off to draw up a letter as advised. This matter has had a detrimental effect to the degree that 1 Employee has walked out, 1 Employee is signed off with stress and 6 of us have become Members of the same Union ! Surely it would have been easier for the Employer to have suggested a small deduction in rate of pay/hr? Many thanks to all who posted since my last visit - it's all very much appreciated. Regards Madcat

Many thanks to you all for pointers given thus far. My line of approach is to: 1. Express in writing that I have not given consent. 2. To keep everything in writing between myself and my Employer. 3. Demand a reasonable time-frame to seek advice from various sources : Union, ACAS, CAG, CAB and if necessary an Employment Law Firm. 4. Express that they continue their custom and practice of meeting fuel costs via fuel card throughout this period of consultation and negotiation. I will most definitely continue to post back, since this thread might well become more relevant in the future in respect of Company Vehicle Drivers whose Companies are looking to cut costs. Once again thank-you. Regards Madcat

Many thanks again Gbarbm. I have just joined the GMB today on account of them having a specialist section that deals specifically with my Industry Sector. It is my intention to take matters as far as praticable to reach an amicable workable solution; afterall we all need to work. It just grates that they have put the cart before the horse for some reason; almost as if they are rushing to be seen as compliant or accountable to someone. All I want is the opportunity to be listened to and for us all to be treated respectfully. It was troubling me that they state they have incepted this method when there are several other avenues that remain unexplored. Regards Madcat

To elaborate, we were provided with Vans expressly for Business use. No personal mileages were permitted. All details of use were logged without any shenanigans or creative activities. We had use of a multi function card for all Fuel, Maintenance and Breakdown use. Now we are expected to foot the bill for the first 50 miles of an outward journey and the first 50 miles of the return trip. The Company will then pick up the bill for any miles effectively over the 50 mile point each way. I feel particularly aggrieved since I only travel within a 40 mile radius of my home location. Hence I go from fully expensed Van to Van where I pay all fuelling costs ! Many thanks also to Raydetinu, although ive just spent 2 mins believing i had trapped a gnat behind my screen protector ! Damn! Regards Madcat

Many thanks for a prompt response Gbarbm. Have just downloaded the Booklet and Form. There are just so many areas that I and others feel needed to be discussed before this kind of letter was posted to us. Not one of us had been provided with complete information with which to make such an important decision. Indeed several fellow employees only knew about the Company's intentions when they opened the letter yesterday. All we know at this stage is that the Company thinks it has our consent to somehow deduct nearly £300 per month from our wages! They are using a Tracking device in order to compute the deductions ! These were fitted a fortnight or so ago. Once again many thanks for your help. Regards Madcat

Hi there - I trust someone might offer advice regarding the following. Yesterday 5th May 2012, I and several others received the following through the post:- Dear Mr Madcat333 As you are aware, at the end of March 2012, we discussed proposed changes, specifically being the removal of fuel cards. I am pleased that we were able to conduct these discussions constructively and the purpose of this letter is to clarify the changes that have now been agreed and made. The changes are as follows: to remove fuel cards from use. Fuel will be paid for journeys that necessitate business mileage of 50 miles and over each way from your home address. These changes will be effectively immediately and all T***l fuel cards are to be returned to Head Office immediately. All Quick Fit cards are to be kept in case of breakdown or emergency fuel only. If you have any questions whatsoever please do not hesitate to contact me. Your cooperation is anticipated and appreciated. Sincerely Mr XXXX XXXXX Operations Director. This letter was sent to up to ten persons and was written exactly as it appears here (warts and all). The letter was written on the 1st May, 2012; posted on the 4th May 2012 and received on the 5th May, 2012. I have been a paid employee of the Company for the last three years and have always had the benefit of a fully expensed Van. The discussion that took place at the end of March 2012 was an informal meeting in a roadside Cafe. At the discussion it was highlighted that I was costing the Company £0.13 more per hour to send to work than the Company was receiving from its Client. I ascertained that the Company had based its calculations on the fuel used during January 2012 and had not taken into account any other Months to provide an average. I feel this was unfair since we work out of our Vans and in the absence of any welfare facilities needed to burn some fuel in order to keep warm in sub-zero temperatures ! I sympathetically listened to his pleadings but on no account agreed to pay anything towards his fuel costs. Indeed I rang him later that day and proposed that I would return to a self employed status and they could make use of my services if I was not engaged in other business activities with other clients. I never got the opportunity to present any details to him, instead I received the letter as above. To pay for one hundred miles a shift is going to cost me an extra £300.00 per month and his returns will be modest. My offer of permitting him to book my services as a self employed sub contractor (were I available) would have more than doubled his returns. I obviously want to negotiate a revised package/ working relationship. Is it too late ? Thanks, in advance for any advice offered. Regards Madcat.

Hi and thanks dx SAR is en-route to Nottingham as we speak. I was just getting weary of the junk mail and phone calls ! Regards Madcat.

Hi All. Based on the above info I have continued to regularly pay Cap 1 an amount via standing order. I am still receiving letters and phone calls from FPC/ Fredricksons which I have logged but not responded to. However I have just received a letter from Bryan Carter Solicitors stating that they want to take me to Court unless I contact FPC and make an arrangement with them. I will still continue to pay Cap 1 directly but am wondering about doing something with regards to the recent correspondence I received. Thanking you in advance for any forthcoming advice. Regards Madcat

Many thanks once again for the advice. I am going to be putting the finishing touches to a letter over the weekend which I will be sending to their Nottingham Offices for the attention of Mr Liam Quegan. I had cca'd them at the beginning of April 2011, as per some advice I had read in these forums. He replied in letter form, dated 21 April 2011 received by me 3rd May 2011. They supplied a copy of the Agreement which all looks in order, but he commented that they would not supply a copy of the default notice because they didn't have to. Nor did he feel the need to discuss it further since they assure me one was posted ! He then corresponded to tell me FPC was the way to go ! Obviously I disagree - so it looks as if this might be the start of something lengthy in terms of getting things sorted. Regards

Had the Card since April 2006 - no real problems with meeting minimum monthly payments. Around July time last year I was unable to make the full minimum payments In September 2010 I approached Cap 1 to make an arrangement to pay minimum payment (approx. £170) plus a minimum additional £30.00 to clear the arrears. They would not listen and would only accept things on their terms - £272 pcm for 6 months. I told them it was unreasonable but made as good an effort as I could to repay. I queried why they had amended the payment due date to the 3rd of the month from the 21st and was told not to worry about it. Consequently they were heaping £24 per month on to each passing month in charges, which had they stuck to payment dates of the 21st would have been avoided. I might have had small arrears by the time of the default notice. which if served for a breach of minimum payments (?) I would have accepted knowing that there was nothing that could not have been sorted within the period it allows to rectify things. There has been no unwillingness to pay on my part - but dealing with them and getting them to appreciate and understand is nigh on impossible. Regards

Many thanks for such a prompt reply ims. As yet I have not looked into the charges side of things. I was more worried about the DCA angle and their pestering. I will certainly be ignoring the DCA from this moment onward. I am a little concerned that Cap 1 have acted unreasonably and that I had a right to sort things out with them under the default notice they are alleged to have sent. Although I am continuing to make payments to them I want to apply some pressure in order for them to rectify their mistake. I'd be happy to receive statements from them and pay them without having the facility of a card, such is my distaste towards them for their poor service. Obviously I then have the problem of the default status on my CRA files to contend with. Madcat

This is my first post ever - any help will be thankfully appreciated. Cap 1 recently terminated my c/c acct and passed the chasing of the debt to FPC. The first I knew of it was when I received a termination notice. Upon receipt of the termination notice I rang Cap1 and was told a default notice had been sent out a month or so earlier and since I had done nothing in compliance with it they had taken things to the next level. I stated that I had never received the notice and what should I do to resolve the issue. They told me FPC was the only course of action open to me. I have no qualms about paying Cap 1 what I owe but feel that I have been treated unjustly by not having the notice served correctly in order for me to sort things out with them. Cap 1 say they will not supply a copy of the default notice but tell me one was generated and posted. All I want to do is pay them whats owed versus their statements and sort out the default issue. I do not require anything more from them. FPC are pestering me to make an arrangement with them which I will not do ! They keep telling me I am "unwilling to pay" to which my reply is:- I pay money directly to Cap 1 who I owe it to - not third parties ! Once again any advice on dealing with Cap 1 would be appreciated. Regards.

Just wanted to say Hi ! I am completely new to Forum life - but based on the great info contained here I decided to take the plunge. Many thanks.