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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Redundancy pools and scoring


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Hi

 

I work in customer service role and have been recently told that I will be made redundant.

 

I have a problem with the scoring and need some advice.

 

The customer service department is made up if two areas. The first which is the main area, which covers nearly all of the companies products, is manned by people who have been in the company for a while and have loads of experience and have picked up a wide range of technical kwowledge over the years.

 

The second area was newly formed about a year ago after acquisition to look after a separate product and after people from the existing area had supported this product for a while, new people were taken on to work in this area and the existing people were transferred back into the main area.

 

The people in both areas are in the same pool for selection and both areas are going to retained.1 person is to go from the new area and 5 from the other

 

Now, the issue.

 

In terms of technical ability the new people in the new area have been scored higher than most of the people in the main area including the ones who supported the new product.

 

It looks like these people have been scored using different competencies within the technical ability selection criteria, competencies that relate to the persons specific role.

 

Is this fair?

 

Surely all members of the pool have to be scored using identical competencies within this criteria as it is a measurement of knowledge of tools and processes that are required to do the customer service role.

 

Thanks in advance.

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It looks like these people have been scored using different competencies within the technical ability selection criteria, competencies that relate to the persons specific role.

 

Is this fair?

 

Welcome to CAG simj. No this would not be fair....

Surely all members of the pool have to be scored using identical competencies within this criteria

 

...and this is why. If the jobs are deemed identical for red pooling, then the same objective criteria should be applied across the pool.

 

Members of the pool should have been consulted about proposed scoring criteria. Did this happen?

 

Have you been shown your score relative to other members of the pool?

 

Why do you suspect that different criteria have been applied to some pool members? If this has happened and your employer cannot justify that the two roles were objectively different from each other, then this alone could make any eventual dismissal unfair.

 

How long have you worked there?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks for your response Elche.

 

There are many redundancies being made in our department and there are multiple pools, a representative was appointed to represent all of the pools in meetings with management to agree selection criteria.

 

I have seen my scores.

 

I think the two roles probably could be seen as being objectively different as the new area was a newly created area for a new product.

 

However I have worked in both the new and existing area and my overall technical skill level is higher than the new people due to the time I have worked at the company. Similar technical skills are required for both areas.

 

I have worked there for about 12 years

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There are many redundancies being made in our department and there are multiple pools,

 

It would be perfectly legitimate to apply different criteria to two different pools of at risk employees - provided of course that the criteria are different for an objective reason.

 

This obviously relates to the fact that they were pooled separately in the first place, there must be differences between the two jobs, and thus these differences could lead to different selection criteria being used.

 

If you feel the scores were unfair, you should appeal any redundancy on this basis.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks Elche.

 

I think my last post may have confused things.

 

My query relates to the pool that I am in. It contains people from the old area and also those from the new area that was created to support a new product.

 

The only people who can support the new product are the new people and those of us from the main area who supported it before the new people came in.

 

Technically the new product requires the same skills that all the other products require, it`s only the product knowledge that sets it apart from the products supported in the main area.

 

So, can they use different competencies to measure technical ability for two roles in the same pool which are only set apart due to lack of product knowledge within the main area due to the decision to have a new area for the new product even when the competencies required to support all of the company`s products, including the new product, is the same.

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So, can they use different competencies to measure technical ability for two roles in the same pool which are only set apart due to lack of product knowledge within the main area due to the decision to have a new area for the new product even when the competencies required to support all of the company`s products, including the new product, is the same.

 

No they should not do this. As I said earlier, "It would be perfectly legitimate to apply different criteria to two different pools of at risk employees - provided of course that the criteria are different for an objective reason.

 

This obviously relates to the fact that they were pooled separately in the first place, there must be differences between the two jobs, and thus these differences could lead to different selection criteria being used."

 

Thus the converse is also true, if you are pooled, this should be because the roles are sufficiently similar / the same. Certainly normal practice would be to apply the same selection criteria (SC) to the whole pool.

 

I think that if there were an objective reason to apply a different SC to some in the pool, then one one wonders if those people should have been pooled together in first place.

 

As I said earlier you should appeal any decision and ensure in any minutes of consultation meetings at which the SC and scores are discussed, you make your concerns clear

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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By the way, where are the scales I need to tip.

 

Bottom left in between the red triangle and the globe (thing)!

 

Good luck

 

Che

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...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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