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pa38

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Everything posted by pa38

  1. I was given an iPhone as a present at Christmas, it was not new it was first bought in Oct 2013. It has developed a fault, and Apple have checked it and I have a written report from them stating it has an inherent fault, but they are refusing to replace it under consumer law (6 years from new) because they say as manufacturer they are not liable to replace the phone, as the contract is with the original retailer (Vodafone) I have contacted Vodafone and because I was not the original purchaser their contract is with them not me, and they too will not repair or replace my phone. Is my claim dead in the water or am I being fobbed off??????
  2. I have been trying to get my pension pot paid to me (over 55 rule) £22,000 since the rules changed in April. I was sent initial forms in May, which I completed and retuned, and told it would take 28 days to process, after not hearing for 28 days I contacted them to be told I had not returned one of the forms, because it had not been sent! I received the form by e-mail and was told it would take 17 days to process. Guess what after 17 days I rang again to be told it would take another 28 days, or someone could ring me within 48hrs and go through a procedure which would see me get m money within 7 days. It is now 3 months later and still waiting for the phone call, all I want is to withdraw my pension pot, but I am being given hurdle after hurdle.......
  3. I wonder if someone can cast their eye over this as to me it doesn't make sense. I hope the attachment works but the account goes back to 2000, the credit limit wasn't very high, but I cant understand why they offered me interest at 8% of £198.44, but only £133.26 associated interest as they call it, the premiums refunded where £191.79. I thought the interest was compound and at 30 something percent similar to what they charge so it just doesn't add up...
  4. Yes will post the final result on here, when I eventually get the offer.....
  5. It has taken two years to win because Cap one appealed to FOS after they originally found in my favour, but FOS found in my favour again. The account goes back 14 years and is still active with a £4 credit balance, It would have been about £700 balance for about 10 of those years from the beginning. So not having statements I am just waiting to see what it brings, it must be interesting or I assume they wouldn't have appealed. But just shows no matter how long it takes never give up.......
  6. My main reason for bringing the case was not the reason for my dismissal, but the way it was handled, in my mind completely unfairly. Evidence considered after the hearing not giving me a chance to respond, and a biased panel member on the appeal.
  7. I didn't mention any one I worked with or clients, the only link to work was the title page.
  8. I worked for a local authority for 14 years unblemished service, and it was disrepute by posting tongue in cheek humour to a closed circle of friends, in my own time. But mentioning whom I worked for on my title page I brought them into disrepute. Also the department I worked for are having savage cuts and I have not been replaced.
  9. Hi I recently underwent a disciplinary hearing and was dismissed, for using social media, something my employer had no policy for. I have started a claim for unfair dismissal. But as well as this I am claiming the process was unfair because of the following. The hearing officer considered new evidence after the hearing, and then formed her decision.(this is in writing) At the appeal one of the panel stated she hated social media and people that used it.(this should be in the minuets) Both very unfair in my eye's what do the enlightened people on here think?
  10. Hi I am claiming JSA and have been since January, I was in work up to claiming JSA. I am due a tax rebate at the end of the tax year (this weekend) and I am finding conflicting info on who or when I should get my refund. Will I get my refund automatically via the JSA route, or will I have to claim it via Revenue and Customs?
  11. It was an anonymous letter that I have proved was malicious not a genuine complaint, and the posts were topical tongue in cheek humour, and my settings were private friends & family only, so no one unless invited could view
  12. The case was disciplinary action for bringing a local authority into disrepute because of comments they considered offensive, same as mine. The judge ruled no disrepute because it was clearly not work related.. Smith v Trafford
  13. A case that went to the high court very similar to mine, and the Judge found no disrepute, and section 8 of the human rights act, my right to privacy
  14. It wasn't it works time or did I mention work, just tongue in cheek topical comments. That were private not public....
  15. Hi all I was dismissed for gross misconduct on October 31st last year, my appeal is on Monday 20th February, that's 2 months 20 days a little excessive I think. I know of the 3 month time limit if I have to take matters further, but I consider the time taken to be excessive as I am still not working, employers don't like gross misconduct. I worked for a local authority and wonder if there is anything laid down about time needed for appeals to be heard. Also I was dismissed for a Facebook related issue, but have a letter from the head of personnel saying they don't have a policy on social media, is this of any use, or will it be covered under general conduct? Thanks
  16. The "omnibus" expression is a layman's point of view... The anonymous letter writer helpfully sent screen shots of the post's, the main point of the investigatory interview where the post's where public. If you look at the supplied screen shots the little figure of two people are present indicating friends and friends of friends only, also they have included my opening page which includes the line "if you want to see my posts and pictures ask to be my friend" all of which imply it's not public. The post's are just bad taste jokes you share with friends, no mention of work, or the type of client I deal with.
  17. Hi I am about to seek legal advice with my problem, but thought I would post on here first. I was suspended on the 8th July following an anonymous letter alleging inappropriate posting on a social media site, this hinges on privacy setting's, but I can prove that they where in place. My main concern is the process... I have been accused of gross misconduct and the disciplinary hearing is at the end of this month. The paper work says I was suspended on the 5th not the 8th, I had an investigatory interview on the 24th July, and didn't receive the minuets until the 16th September, to amend and return. Two days later I received the disciplinary papers dated the 1st Aug!! The letters also refer to our meeting on the 29th not the 24th.. I know it sees like picking at straws, but as the "person on the Clapham omnibus" it does seem a bit messed up, and something as important as this needs to be right. I have worked in my role for over 10 years, and its a local authority, and would welcome others thoughts...
  18. I will update this when I get an offer, or hear any further.....
  19. Just had a letter from FOS upholding my claim against Capital One, it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying.... But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card. Should be an interesting pay-out, a 2000 limit that over such a long time So don't be put off just keep at them :-D:-D:-D
  20. Thanks for the reply, I did write back it wiil be 8 weeks on the 21st of June, I included the copies of statements I had, and asked them to look at may claim again.Do they have to reply within 8 weeks as it is an ongoing complaint? As the account is still open and active I can't belive they have no recored any further back, if they don't how could they defend complaints without the original paperwork?
  21. I have added a copy of the letter I received from Santander, I have five statements ranging from April 99 to April 01 and on each payment to protection plan is £2.16 per month.I can’t remember when the premium started to be charged, but I am sure it was at the same time the account was opened in the mid 80’s.I haven’t sent a SAR because they claim several times they have no records beyond September 06.I wonder if someone more informed than me could give me an estimate of what to expect back, and could it be backdated beyond April 99?
  22. Is there a specific of case law relating to an average payment,(how do I word the letter) and is it back to start of the account, its over 20 years.......
  23. I sent both, a FOS template questionnaire, and a cover letter it worked on two lenders, and two others are now with FOS....
  24. I was made an offer in April by Santander of £1,200 on my overdraft cover, Santander stated that was for the last six years as they had no records beyond six years. They stated that if I had any statements beyond six years they would look at my claim again. Unfortunately for them I found several dating back to 1999, that showed cover payments and sent them off (copies). I am still waiting for a response, do I allow 8 weeks for the re-investigation or do I keep the pressure on ;-)
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