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    • Please bear with me here i shall try and make this short but with all the detail, but i need help ASAP as there is limited time allowed for this process. I have been with my company 4 years and have advanced through the technical ranks to my current position,  we have an annual report which goes from 0-4 and for three years i have never scored lower than a 3. I was promoted to the role i am in now as an area quality assurance lead and the location was for the NE ( i live in the NW) eventually a similar role became available for another role in the NW. I asked my line manager if he minded me applying for it and he had no issues, i applied sat the multi stage interview and was given the role. My role is now classed as "at risk" of redundancy as we are moving from 4 regions to two which means they are also moving from 4 roles to two roles in my position. Two people are considered safe and myself and another at risk, my question is what is the criteria to separate safe from at risk . In the documentation received from my company it is below, i have zero issues and i know cv against cv mine wins, i was even selected by the company as a company mentor because of my experience in engineering and leadership. This is a closed group of maybe ten people and i am the only non senior executive included.    ·         Performance and Behaviour : I have zero behaviour issues, no issues with performance from my current line manager.  ·         Performance Improvement/ Disciplinary Records   : Zero disciplinary's and no performance issues, in fact my line manager on record has said I'm forthcoming ·         End Of Year Rating : Issues explained below Now my line manager was leaving the company and he did tell me "there was some politics involved with you getting that role, the city build manager and head of area build had promised it to their lead engineer (something they had no right to promise as it has to go though the process ) anyway from day 1 it became very clear that i would not be accepted for this reason within their community although i did just try to help them achieve quality and specification as that was my role. After a few weeks it became very apparent as to why the role had been promised to their man, i found issues where properties had been signed off as ready to accept subscribers when they were not ready (for bonus and stat reasons) and several quality issues i discovered which we could remedy and improve our productivity (unfortunately this would highlight that these issues had been there and not dealt with) My new head of area build (part of this trilogy of him, city build manager and lead engineer)  clearly did not want me there (for the reasons stated) but paid lip service, i had highlighted that i needed to walk off some structured with our canter of excellence counterparts ( as this was part of my role to link in with them for national issues) and he responded by saying i am not to walk them off, and that we have sufficient engineers to do that task (by saying this he could make sure that the engineers would take them round to structures that are A not the ones i have highlighted, and B would have very minor issues) This battle went back and forth over the months where i tried my best to build up the relationship with  them, my attitude was ok you have made some mistakes here, but we are all a team and even though you have hidden issues i can help you remedy them and hopefully we can do so and keep them off the radar,  but they just never did, So moving forward to October last year (2023) this is getting near to annual review time, now i had helped the company out massively by working a substantial amount of weekends and nights to fix issues, and i said i would take most of the time as TOIL ( as agreed with by my previous head of area build) this was 30 days. My current head of area build said i needed to put my leave in as it had been flagged as having a large amount. When i did input the leave (it would result in me taking all of December off) he was unhappy with me and was extremely curt in his responses as he could find nothing on the system for my TOIL , i explained the situation, my line manager would ask if i could work the hours, i would, and when i wanted leave he would authorise (we had an good working relationship, he was an excellent manager) he ended up going to HR to ask their advice and a teams call was set up with myself, head of area build and HR, it was confirmed by HR that it was a company error, when you want to input TOIL there should be a dropdown option in the leave menu and one of the options would be TOIL, this had not been setup on mine. So the company authorised the leave explaining that this should have been done and hadn't, i did say that this is the way it had always been and pretty much everyone on my team then operated this way, TOIL had never been discussed and none of had this option available. So i entered my leave from 4th December - 2nd January,  My line manager was an outside contractor and was leaving the company on the 15th December. On my return i found that we had a new head of area build, it would be a temporary position as they were not going to fill the position permanently and he would be covering his role (Scotland) and this role (NW). I contacted him to say that i had not received my end of year report yet and when would this happen as i had not sat with my line manager tor mine. A little over a week later my HoAB and i had a teams call, it was a introduction meeting and end of year report, he said that he had received feedback from the outgoing manager and he had given me a 2 (i have as explained before never scored lower than a 3) he asked hoe long i had been in the current role (just over a year) as this grade can mean you are new to the role and need a little supervision, haven't built up relationships with stakeholders etc. So he explained what my grade and bonus would be and if i had any feedback, i explained that this was unfair, i had proof that i had not met my targets (i say targets as there were never really any set, but going from emails and conversation we have had, and the job description) i had even created Powerpoint presentations which were very complex into how our network works from beginning to end  as there was distinct lack of knowledge here and i am a lead trainer / assessor (this btw he was extremely impressed with) He did say he had spoken to people in the centre of excellence which o believe was the head of operations, and he did look confused as to the disparity in feedback from them and the original manager that wrote my report. I contacted HR to raising my concerns that i had not sat with my line manager to go through my report,  had i had the chance to do so, i could have rebutted anything said as i had proof of my achievements even though he had set no defined targets, i could prove that i had been extremely active in identifying and remedying issues, HR did come back to me and these are their comments  1) "Your rating was submitted by your manager at the time xxx xxxxxx and he should have carried out an EOY review with you. The rating would not have been provided in this review but feedback should have been shared" [this never happened] 2)  Initial ratings where then discussed and reviewed during a calibration process (for your team) this will have included HOABs and RDs. During this session ratings can be challenged and changed. I can confirm that your rating was not changed as a result of this session and it remained at the rating that xxx submitted. 3) xxx did provide thorough feedback to xxx xxx in a handover so if not already done so it may be worth speaking with him to understand that feedback further.   4) In terms of reputation and the concern you share – ratings are not made public and are private to each individual. 5) And this first line obviously is incorrect " As far as i can see this would be the only separator they could have measured me on to separate safe from not safe, and if so the company did not follow its own procedure. My current line manager said " an error had occurred as you had not received the option to  sir with your manager for your review, and the company needs to make sure this error does not happen again) Well then they are admitting there was an issue and it needs remedying not sweeping under the carpet. All of this is documented. To remind the rating of a 2 is not a concerning grade. Please see descriptor below Generally, needs little supervision but does on occasion require direction/supervision. Does not always anticipate changes to the work environment and could adapt more quickly. May be seen as a strong performer in certain situations or by some audiences but may not perform at that level in all situations. May need some development or guidance to carry out some elements of role. May not consistently demonstrate the right behaviours. May have been on Performance Improvement during the year but has since shown strong improvement        
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court ordered claim cancelled


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Just an idea, but can you put your claim through any court?? i.e. I live in Essex but could I put my claim through the courts in Kent if I wanted to??

 

If this is the case perhaps we should be advising people to avoid the Gloucesterhsire Court if they are applying stays to claims??

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Is it just me, or does this quote sound like this is something serious? When you say doing everything you can, does this relate to the Elliot guy/gal, you know, trying to find them? Or is it to do with the change of events ie. the high court decision (if and when it comes)? I'm sure whatever the answer is, knowing the commitment of the admin/mods/helpers, and indeed the members, you will be one step ahead! Forgive me, I had a mad moment, in which I doubted I was doing the right thing. :)

 

NO that is just more speculation :-D what I meant is we are trying to find out more about elliots case etc . If you read around people are still getting their claims settled every day :)

 

the 2 stays we know of have already been settled QUICKLY by the banks .so no need at all for anyone to be getting jittery .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Just to reiterate this point:

 

There is no reason for anyone to delay putting in a claim.

 

I have just spoken to my friend who is a lawyer and a pretty good one at that. I briefly mentioned the stays and also the 'test case' Elliot v Lloyds TSB and asked him why judges who be staying cases (albeit very few). I also asked why a small claims court would pass a claim up to the Mercantile court. I think I am right here, so please correct me if I am wrong...ok here goes...he said.... (sorry if I am repeating what you all ready know and I know there are repetitions here)

  1. The Mercantile court is a commercial court
  2. The sending would be related to a point of law
  3. The case would only be sent up if the judge felt he didn't have the jurisdiction to deal with a case or that the background of the case was too complicated for him to deal with. ( but he also said that small claims deal with pretty straight forward cases on a day to day basis so there would be little confusion on points of law)
  4. There is no precedent to be used against claiming unlawful bank charges as nobody ( as he is aware) has brought this type of claim before a higher court to date).
  5. Should the case go before the Mercantile court and Elliot win, he is pretty certain the bank will go to the court of appeal.

He basically said that without any background information about Elliot's case. ie: the particulars of the claim, amount etc it would be difficult to even speculate why the case is going before this court. He did say 'obiter dicter' " he would try and find out as much as he can".

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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LoydsTSB must have known about the test case before they settled with Joa and if they intended to defend the test case they would have applied for a stay themselves. In addition on learning of the test case and if they were confident that they would win they would have applied for stays on every other outstanding case. They have not done this.

 

There are only two possible explanations.

 

1. They are incompetent - we know that to be true!

 

2. They do not intend to defend the test case in court and if they do withdraw the stays they have engineered would be shown up as a sham and the publicity would be horrendous.

 

Take your pick. I favour 2 .

 

If I am right it is very important that every possible claim goes in now so that momentum is not lost. My own personal view is that these stays although I sympathise with the claimants concerned are a way that two very wise judges have devised to call the bank's bluff.

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This may have already been answered, but should i continue with my claim against Barclays bank, i don't like the idea of paying over £100 in courts fees only to have my claim rejected pending the outcome of this test case which is likely to be heard at the end of the year.

 

claim for over £2,000, 1st letter was going to be sent this week

 

i hope all courts don't reject our cliams, it would seem that something is in the air and i don't like the smell of it.

 

advise please

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This may have already been answered, but should i continue with my claim against Barclays bank

Yes

 

And it was answered 4 posts before your post (#217), and several times before that.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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This may have already been answered, but should i continue with my claim against Barclays bank

See this post? Read up about six messages to Seminoles post this afternoon.

 

Originally Posted by seminole

Just to reiterate this point:

 

There is no reason for anyone to delay putting in a claim.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

-------

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Matrix; the stay order is more like suspension then rejection. The claims are not rejected, but (just a handfull) "stayed", suspended.

In my case the stay order did not impede the settlement at all.

As for costs; log every penny, keep receipts for Recorded Deliveries, postal orders etc. I did and I demanded it back and got it.

So chill :) it's coming:)

[sIGPIC][/sIGPIC]

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claim for over £2,000, 1st letter was going to be sent this week

Sorry if I'm sounding stroppy, but it's been a long tiring day. Just ask yourself this question. It's £100, and you're highly likely to get over £2k back. Good investment? I like to think so. By sending your first letter you're gonna lose a pound on recorded delivery. Second letter, another pound. By then you might even have an offer back, so might not even go to court.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Just thought I'd put a little in here. This was in the Daily Mail Today. Page 45

BANK-CHARGE REFUNDS ARE PUT ON ICE BY THE COURTS (Fair play on charges by James Coney)

 

Legal bids to reclaim overdraft charges are being kicked out of county courts because of a test case that could finally force banks to come clean on fees.

In the past week, small claims court orders against halifax and Llyods TSB have be rejected by courts in Gloucestershire and Uxbridge, Middlesex on the grounds that a case has be submitted to a higher court which could set a precedent in these types of cases.

Test case involves a customer in dispute with Llyods Tsb which will be heard in London Mercantile Court.

Cases at teh Mercantile Court relate to comercial or business matters and are heard by a judge.

In recent months hundreds of current account customers have threatened their banks with court action in a bid to recover charges incurred when they have gone overdrawn accidentally.

...........

However if cases like this were to reach a higher court then a precedent would be set and banks and consumers would have to follow.

 

That is the main jist of the article. Lets hope the banks dont win.

:mad: I HATE BANKS :mad:

Llyods TSB - 15.12.06 - send Pre-lim

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Just a bit late with that Westy...............this article has been reported here at least 3 times now.........

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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... and at best, the journalist has used incorrect phrasing on what is actually happening to the cases. They most definately are not being 'Kicked out of court'.

 

I comment on the report 'at worst' - I don't want to be sued for libel :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The daily mail has been running small acrticles for some weeks now, if anyone cares to look at them and the timelines they will see that it could be said they get most of what they print from this site.

 

To give you an example they printed an article about the banks abusing the legal system by getting people to submit allocation questionaires and then settling on the court steps, it was as if i was reading something written by BF himself, and funny enough this article was printed a few days after a post along the same line's by BF, so stop worrying about the daily mail they know what we know.

 

As for the stays and test case, if anyone is in any doubt, stop asking and just do some reseach, there are lots of cases about penalty charges/clause's and i'm not talking about the type of claims we are bringing. You'll find that the law is on our side.

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Do you think it would be a good idea to make a sticky saying dont worry - the mods are working on it - business as usual - type thing ? there are loads of questions about this moneymail article all over the forums now, and quite a few newbies seem to be put off claiming by it.

 

 

For all the posts mentioning this ,theres another giving reassurance to the newbies that its business as usual

 

The claims go on.......and on.......and on.............

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just read the whole of this thing. (Yes my eyes are crossing now ;-) ).

 

Do we have any more info or is anyone in communication with jifaf regarding the challenge of the stay on his case?

 

I can understand why people are getting nervous with regard to the speculation around the Test Case, but I think (in my humble opinion :-) ) that this should make us all claim even more, keep the pressure on the banks and make them sweat a little. If they think we will back down every time it seems to get a little too hot then the offers will dwindle and newbies will be scared out of claiming.

 

Whoever this Elliot guy/girl is, fair play to them and good luck.

 

When I first started reading this thread I admit I panicked a bit, but now after reading the whole thing, and seeing that there seems to be 4 cases that have been stayed, 2 of which have now been settled....the odds are still very much in our favour and I am still counting down the days til my Barclays MCOL can be filed. (13 to go :-) ).

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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My wife just laid the Daily mail article on my desk and said " now you can get on with some proper work, it's all come to a halt" I work from home but have spent many hours on the site and have a string of claims at one stage or another. I have just spent another hour reading this thread alone and for anyone reading out there it is only by reading the threads that you REALLY know whats going on. I can't thank you guys enough. When I had a lot of staff I always sung the praises of SYNERGY - my god you've got synergy here.

 

Onwards and upwards... ! bring em on !

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My wife just laid the Daily mail article on my desk and said " now you can get on with some proper work, it's all come to a halt" I work from home but have spent many hours on the site and have a string of claims at one stage or another. I have just spent another hour reading this thread alone and for anyone reading out there it is only by reading the threads that you REALLY know whats going on. I can't thank you guys enough. When I had a lot of staff I always sung the praises of SYNERGY - my god you've got synergy here.

 

Onwards and upwards... ! bring em on !

 

 

Ha HA typical.........wives can be sooooooo impatient.

I had the same early on but I have to say mine doesnt read the Daily mail....

Tell you what though Andy she is well up for it now too after reading up on it herself on the forums in fact she is getting up much earlier these days.....to try and beat me to the letterbox ..........

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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And to add to the reassurance, there is a *lot* going on behind the scenes and we will have full contact details for Elliot and details of his claim within the next 24 hours.

 

 

Can't wait. This will probably shed a bit more light on this subject for us, and perhaps end the uncertainty.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Yes!

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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