You were suspended for failing to turn up for a shift. How many shifts did you miss? Does your employer have an absence notification procedure, ie, are you supposed to ring in and inform them of your intended absence and if so, when? Was your suspension the result of not keeping your employer informed?

 

You say that you were suspended by the manager verbally. Was this face to face when you returned to work or was it over the phone? Was the length of the suspension mentioned at all? Does your employment contract or terms and conditions statement specify the length of suspensions?

I was apparently suspended for not turning up for the evening shift on the monday. I worked the monday morning so for all intents and purposes it appears that I had walked out. I did not hear from them for several days and was told verbally face to face when I did go for my next shift. At the same time as this I handed them a letter stating my grievances (not being paid correctly for work done, unsafe working environment, food hygiene issues and not following working time regs)

Also at the same time I was told I would recieve 2 letters. One to confirm suspention and another to invite to disaplinary.

I did not think it was the employees responsibility to ring in to find out where they are. If it was sent recorded I am sure it in the employers hands.

It does not state in the contract (although I have not had one after 4 months) the length of suspention but suspending me seems to overstep the mark as me being there would not cause issue - apart from the fact I am a certified kitchen trainer for the company and poingting out the things which are putting people at risk does not go down too well

In fact I was told by the managers daughter that if I dont like the unsafe working conditions - then to leave - and I have this in writing also.

Your scant indifference in failing to keep in touch in order to keep yourself informed of your employer’s handling of your predicament can be held against you. Your silence and indifference speaks volumes

So I speak volumes if the manager only works evenings and cant be bothered to sent out letters in a timely manner? It seems to have taken from the 17th Oct when I did not turn up - until the date of the 7th (the meeting date) so there is a timescale of 3 weeks or so there. I went into the work on the 20th which is when I handed the letter in and I was suspended.....

It’s up to you whether or not you turn up for the second meeting. Considering you plead problems with the mail as justification for failing to attend the first meeting it would be difficult to justify your failure to attend the second meeting when you have been told verbally.

So if the company procedure is to always inform in writing - and they do not follow this and do it verbally then thats fine?

The fact I have not had any of the 3 letters so far makes me think it billy bull and they trying it on to try pushing me out the door. They do not like that I point out they serve unsafe food and most of what they do is opposite to the Food Hygiene regs and what is company policies and procedures.....

9. If it is decided that there is a disciplinary case to answer, the employee

should be notified of this in writing. This notification should contain

sufficient information about the alleged misconduct or poor performance

and its possible consequences to enable the employee to prepare

to answer the case at a disciplinary meeting. It would normally be

appropriate to provide copies of any written evidence, which may include

any witness statements, with the notification.

10. The notification should also give details of the time and venue for

the disciplinary meeting and advise the employee of their right to be

accompanied at the meeting.

Takes from ACAS website

So very little of this has been followed.............

In summary - I did not go in for a shift due to me being fed up with unsafe environment, not being paid etc as above. All of my complaints were noted and to be dealt with. Various issues have been present for months though nothing is solved. I get suspended. I get told if I dont like it then leave. Manager is slow to send anything out to me and what is sent is not delivered.

And all this is my fault?

I am waiting for the company to follow the correct disaplinary procudure (I trained to be a manager so I am aware of the procedure) as it all seems a bit cloak and dagger in pushing me out......

Hiya there

I got suspended from work around 3 weeks ago for failing to turn up to a shift.

The suspention was done verbally by the manager but said he would be sending out a letter to confirm this.

I never did receive this letter.

I heard something from a collegue that I failed to turn up for my disaplinary that I was apparently told about via letter. This was scheduled for monday just gone but I didnt turn up as I didnt know about it.

I rang in and spoke to the manager on wednesday and he confirmed I was sent letters recorded delivery but I have received nothing. He said not to worry as another letter has been sent out to me on the tuesday - recorded again - but I have still not received anything. While on the phone he verbally told me it is scheduled for this tuesday.

The questions are....

1. It cannot be held against me for failing to turn up for the meetings seeing I did not know about them?

2. If I do not receive the letter for the second meeting but was verbally informed - do I have to turn up for it?

3. I have not had any written confirmation of my initial suspention (or reason why), my first meeting, and it looks like I have nothing for the second meeting either. Where do I stand?

They do have my correct address so I am at a loss to why I do not have anything as yet. I think its a load of rubbish as if they did send it recorded they could track it and see it never got here. It also seems they are not following the company procedure.

Suggestions please

Right. nothing so far. can someone point me in the direction of the letter stating it is now in dispute and in the same letter is it ok to put thetemplate for it being statute bared too? Links to both would be appreciated...

Edit - the letters in the libary dont seem to fit my situation as im trying to say i have not had the responce in the time period and im asking them to prove its not SB

Well....

Still waiting for the CCA to come through but during this time they continue to send letters....

This month I cant afford to send them anything anyway and im assuming thats ok while I am waiting for this letter back.....?

It is 12 + 2 days isnt it? Is it the +2 for the snail mail delivery times?

Just missed a call from 1st cred asking me to ring them. not sure how they got my number as i never gave it to them!!!!

Obviously I dont want to call them back but if they ring back it is ok to answer and say all correspondence will not be over the phone but in writing?

Whats the score with sending them a email stating this also requesting a reciept to say it has been read? or is email a no no as it may be open to abuse and it gives them another method of harrasing me.....?

Thanks all for your help. Just waiting on a responce. In the meantime I have cancelled my DD while questioning this debt and waiting for the first thretening letter eh......

sooo.............

1. CCA letter sent to which they have 12+2 days to produce. Do they just have to acknowedge the letter within that time or actually produce the goods?
   
2. If they can produce this CCA then I could argue the case that it is probably SBed and see if they can prove otherwise (when i say probably I tell them it is)
   
3. If they produce the CCA then is SAR the next step? What information will I get from a SAR?
   

In case 1 above, if they cant produce the CCA then is the debt unenforcable? From what I can tell if it is SB then Im a cash cow. But if they can prove I have acknoweged the debt by making a payment in the 6 years previous to the 1st payment to 1st credit then it is enforcable?

Case 2 sorta ties in with case 1

Case 3 - what is the purpose of a SAR and what information will I gain by doing so?

Sorry for all the questions but Im trying to put in my head a tree diagram with questions with yes/no answers which lead to the next step to take.

Please correct anything I have said so far......

If I do send a SAR to 1st Credit they can only give details from the point that they bought the debt? correct?

Dead phone number.....

TBF all the numbers I have found for them are dead......

When debts are sold/purchased it is with minimal

information apart from ID the original creditor

and the OS balance.

If they are sold with so little information, and the origional Halifax Cetelem does not exist any more surely it would be impossable for them to produce a CCA?

And while I am asking them for this - I guess I should cancel the DD and stop paying them completly?

And if they try to make me pay higher payments due to missing payments while this is in dispute I can tell them to go forth........ They dont tell me what to pay but I tell them what I can afford to pay? Correct?

Does the fact that they cannot produce the CCA mean it is not enforcable? Or is it that if I have made any payment within a 6 year period means I am acknowledging the debt and must continue to pay? But again - they have to prove it has not been 6 years and will have trouble with the OC in liquidation............

http://wck2.companieshouse.gov.uk/12143d6bcf0532a64c42ece16f937b0a/compdetails

They went from Halifax Cetelem to Cetelem UK and you can see on that link they went into liquidation.............

Halifax Cetelem no longer exists and I have spoken to Halifax and they seem to have no knowledge of Halifax Cetelem.

Doing a quick seach on the net shows they did join forces as it were with the companies 'Halifax' and 'Cetelem' hence the name but it seems 'Halifax Cetelem' ceased trading in 2007/2008.

Im at a loss as how I could find any records now or indeed how anyone else could

So it may be impossable to find out when the last payment to Halifax Cetelem was?

Can this lack of knowledge on 1st Credit be used against them as I could say the last payment was 2001 and would have no way of arguing the toss?

Just throwing things out there....

coud you answer post #26?

Apologies. It was meant as more of a question than a statement. If I could prove that the last payment was April 2003 to Halifax Cetelem and I started paying 1st Credit in April 2009 - it 'may' be SBed. Thats where I was going with that.

I changed bank in 2004 owing the origional bank some money so I cant really go back to them for statements 8 or so years old to see if I had paid anything - though that debt is deffinatly SB.

If I knew how to find records from Hal Cet dating back that far I would but they dont exist anymore.

1st Credit bought the debt in 2005 so would they have anything before that? Im guessing no with Data Protection maybe?

Just found out that 1st Credit bought the debt in June 2005 but I dont appear to have made any payments until April 2009.

Halifax Cetelem do not appear to exist any more so finding out the last payment is going to be impossable.

What effect will this have on my CCA letter sent? Its not like they can go back to Cetelem and get a copy........

Well I have decieded to send 1st Credit the CCA letter and see what they say.

I have tracked down the debt to a Halifax Celetem loan but I do not have any paperwork for any of this after such a long period of time.

What is the best way of finding out the last payment to Halifax and the first payment to 1st Credit ?

I believe that the info 1st Credit will send me will have this detail on but what about Halifax?

If it is over 6 years between payments does that still count as SB?

Edit - Looking at statments back from 2004 till today the first payment to 1st Credit was in April 2009. Will this mean if I had not made a payment since April 2003 (6 years) then I am paying a SB debt and am indeed a cash cow.....?

Ahhh I understand.

I started to pay this debt in 2008 which was was halfway through the 6 year period. So it would not have been SB when I started paying from what I have read here.

It has never appeared on my CR which I thought all debtors should do.

So in the first phrase it seems like I should have to pay as it wasnt Sb at the time of starting payments but on the second phrase if it never appeared was it actually ever an enforcable debt......?

Confused face......

Since my report had never listed any of the companies that my debt was sold to does that mean I dont have to pay any of them?

Im not doubting you but I know 3 of my debts were sold on owing over 8k in total. if they dont appear on the report does that mean I "get away" with the lot?

Is it then right to say that the report only has current debtors like it shows ie my bank account and mobile phone? And any debt which is not on there is not enforcable.....

How do I go about doing this? Seems a silly question eh.

I dont really fancy just ignoring them and starting to get loads of chasing calls.

Is there some sort of letter I can send explaining I will no longer pay?

From what i understandmy IVA collapsed in 2005 and 1st credit never appeared at all on my credit file so did that mean I never had to pay a penny?

If I cancel the DD wont I get charges from my own bank?

I just got a Equifax credit report and there is no mention of this debt on there at all.....

In fact the 4+ debts which i had in 2005 are now longer listed on there. My IVA collapsed in 2005 and have not spoken verbally or made any payments to them - bar this one with 1st credit.

Does this effectivly mean they are all 'statute barred' now and cannot legally chase me for money? Ill have a read about it on here but if you have any advise.........

Just been through some records and it related to a Cahoot Personal Loan..........

No PPI on it that I am aware of.

Ill be honest and am unsure what debt from years ago this relates to... Im pretty sure it was a credit card but I dont want to ring them as I would feel a right........

sniff sniff

i smell a 1st credit cash cow..........

 

when was the last time you checked that they can LEGALLY get money out of you.

 

something smells here...

 

and STAY OFF THAT PHONE!

 

dx

Im guessing this is the purpose of the CCA request? And while I would love to not speak to them - I live with parents still and dont want the constant calls making them worry....... I have seen a letter somewhere requesting comms by post only but cant find it at the moment.....

Are they within rights to ask for a I&E form to be filled in and increase the payments? This seems to be the only way to stop it going to court - unless they are using scare tactics?

The origional arrangement was to pay £100 per month without a finishing date - it seemed to be open ended but all of a sudden it has a finish date and rather than it take a month longer - they want more per month to essentially have the same date....

Yes I appreciate I dropped a nut and have been paying to the end to pay off but just wondering a) what my options are and b) i dont really fancy telling them all my finances so are they within rights to do this.

I *think* it was a credit card if that makes any difference.

Personally I see it as changing the payment date by 2 weeks and I dont think I have missed a whole month so they are still getting the same money within the same time period........

Question then...

Is it actually that I have defaulted on the arrangement 3 times by paying a week late each time? Or is it 'just' late payments?

When you say reconstiuted a copy - doesnt it have to be a copy of the signed origional?

Excuse the questions but I think Im too little too late on dealing with this one, unless someone has any ideas......

Hiya there,

Hopefully someone can help me...............

Four years ago I had a debt which was sold/passed onto 1st Credit to which they froze all interest on the account. Which was nice.

I agreed back then to pay off £100 per month until the debt was cleared (this is pretty much all I can afford so they agreed to this) and if I missed any payments then I paid double to catch up the next month.

My recent situation is that I was unemployed last month and could not pay them. I spoke to them today to sort out a different payment date starting the 2nd Sept as I am back in work and can make 4 weekly payments. They told me it was the 3rd time I had defaulted on the agreement and is passed to the legal team. Then he changed his mind that if I paid in full (£1100 but said as goodwill they would take £800) he would stop it. Gave me the usual about CCJ and the like......

He then asked me to fill out an 'Income and Expenses form' which they will send so I can prove this is all I can pay back monthly. Then on condition of filling this out - he will put me back on the payment plan but at an increased cost of £116pm to keep the finishing date the same of else they will go all legal on me.

The question is where do I stand on this....?

Is it too late to question them and start sending off the CCA letter to see what they come back with? and if they have no copy do I get all the money I paid into 1st Credit back? lol

Is a DCA entitled to ask for the details of me income and expenses? And change the payplan with the threat of going to court if I did'nt?

Any opinions on this? Bite it and keep on paying or question if they have a copy of the agreement?

Sorry about the long post but any help appreciated................