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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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Defaulted by LloydsTSB - Any advice would be appreciated


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Hello All!

 

This is a great forum and I'm hoping some of you wise sages out there can help me out with my problem.

 

The Background: I had 2 credit cards with Egg & LloydsTSB and two years ago I was hard up and couldn't afford to make any repayments. I phoned both Banks and asked for a freeze for 3 months (i was due to start a new job after). Both Banks said (over the phone) no problem and so life went on. Egg stuck to it and when I started working again I paid them off no worries. Lloyds however screwed me over and as i also had a Lloyds current account they ripped out a couple of payments which left me broke and unable to pay my rent!

Long story short(er)... I stopped my DD to the credit card collections centre who were dealing with my card and closed my Lloyds Bank account so they couldn't take any more cash till it was sorted. For the next two years i was sent from piller to post with no department in Lloyds appearing to be talking to the other, throughout this time i was offering them a final settlement figure but nobody seemed to want my money, hard to believe i know! During these two years I wasn't shown as being in Deafault!

 

The Default: Anyway, In August 08 i finally managed to pay my settlement figure which was £100 pound less than i had offered them and they told me that they would update the CRA with a 'partially settled' notice, no mention of any Default or its consequences. I thought it was a right result!

 

On 31 Decemeber 08 (random), experian were informed to show me in Default with the outstanding balance still shown outstanding. Now at the time i had no idea about this as i thought it was all done and dusted. It was only when i went to close my experian account in February that they asked me if i knew i was in Default!

 

So, if your still awake, i'd like some advice on the best way forward to get this sorted. I've read some of the threads including the letter templates from learnmoney.co.uk, i'm just wondering, my Default notice hasn't gone on till 4 months after i settled the balance and at least 18 months after i stopped making payments due to the dispute!!

 

Does this help my chances in having the Default removed?

 

Sorry for the long post but we were hoping to buy a house this summer (my other finances are fine, touch wood) but this has left totaly up the creek!

 

Any help/advice would be greatly appreciated.

 

Thanks,

 

Marty :D

Edited by martys1st
Grammer
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You will need to start from the beginning in the process.

 

Write a Subject Access Request, there are several copies of these on various threads, and send it to whomever placed the default - its it Lloyd's Bank, or Lloyd's Cards - in fact you might do well to issue two of these, one to each company and see what you get back.

 

What you get back will determine the next steps.

 

Did you move while all this was going on? I ask because you should have received a Default letter which has to be spot on in wording for it to be valid.

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Try something like this

 

 

Dear Sir/Madam

 

Account Number:

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to the above account and any other information you have stored concerning me or my home address. .

Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.] If you need further information from me, or a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate officer.

Yours faithfully

 

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Thanks GerryPerry,

 

Between paying the settlement ammount in Aug 08 and being Defaulted 5 months later! I was at my current address and I didn't receive any Default Notice at all.

 

On experian the default shows my old address which i left 18 months ago and the office i've dealt with sent the settlement letter to my current address. Does this mean the Default is tecnically invalid for being the wrong address and the wrong date?

 

I understand there are two approaches to tackling this - one with the SAR for Data Protection that you've mentioned and another challenging the CCA? Is that right?

 

Is the Data Protection Act route the right one in this instance?

 

Thanks for your reply mate :D

Edited by martys1st
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I don't think it'll be as simple as that, unfortunately.

 

You need to find out what info they have on you and whether or not its correct. Without this you could go around in circles for ages. The key aspects will be:

 

- the Agreement - is it properly executed?

 

- when and why did they default?

 

- get a copy of the default and see if its valid

 

- are there any howling errors you can spot that show they don't know what they are doing and act in a random fashion..

 

Your rights under the CCA would seem to me to be the way to go.

 

The DPA gets you the data they have on you and your rights on how they process it..

 

You'll have to have evidence that they have not followed the CCA and therefore not processed the data properly.

 

That will get the default removed.

 

It's very timeconsuming and methodical. It is very unlikley that they'll give in, but not impossible. However, you should write as if you would be happy to show it all to a judge, so stay focussed, unemotional and business-like, and try to establish facts that show there is an error on their part. Let them make the mistakes and be seen to be uncooperative and surly.

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  • 4 weeks later...

Just got the old; "we're sorry but your address doesn't match our current records, please send a certified copy of a utility bill yada yada yada..."

 

Sent them what they wanted, recorded delivery again with copies of 4 letters from LloydsTSB with my current address from March 08!! and reminded them of the 40 day limit.

Edited by martys1st
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  • 1 month later...

So, the 40 calendar days have been and gone with no reply. I've sent the Information Commisioner an email listing my complaints so now should I get a solicitor involved or wait for the Info Comm to get back to me?

 

Do i still deal with the Data Controller section or start speaking to the LloydsTSB legal dept?

Edited by martys1st
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To anyone out there still reading,

 

LloydsTSB have replied (late) with a signed copy of my Credit Card agreement under the CCA 1974, all my old credit card statements, and a computer printout of their internal processes from their debt recovery section. In the covering letter they claim that they are still awaiting outstanding information from the Credit Card customer accounts & Customer Service recovery departments.

 

According to the statements, they continued to add late charges & interest for 4 months after i paid the full & final and this exaggerated total is what is still showing on my Credit Report even now!

 

Bottom line:

 

Default issued 5 months after full & final paid (and 18 months after i stopped making payments).

 

Default issued to wrong address (Best guess as no Default notice ever sent/received).

 

Charges & Interest contiued to be added months after full & final paid.

 

Ammount shown outstanding exaggerated.

 

Have asked the Financial Ombudsman to request the default removal on my behalf and i plan on waiting to hear from LloydsTSB before taking any other action.

 

That said any one got any ideas/advice? Is there a good solicitors out there who have challenged these defaults before and does anyone know what/where the guidance/rules are for the issuing of bloody defaults?

 

Good luck to all ; )

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I would write to Lloyds and ask why they were still adding late charges and interest after you settled and ask to see the mathematical calculation they have used to derivethe interest. Also question why the default has been issued.

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