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    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Gross Misconduct


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I'm sitting here in floods of tears, and I just don't know what to do anymore. I was employed via an agency to work somewhere, and I admit that I committed Gross misconduct. I can't go through all that happened but I am ashamed and embarrassed that I did something so stupid, and this was totally out of character. Both companies are looking to carry out criminal proceedings and I am beside myself with worry.

 

Due to experiencing personal problems these last few months I acted out on sheer desperation, and I also suffer from mental health problems which doesn't help.

 

I feel bad enough as it is and welcome any feedback from those that were in a similar position regarding Gross Misconduct, but not to be criticised as I feel guilty and worthless right now.

 

If it does go to court, would I ever work again?

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I can't answer your question I am afraid but I have been suspended for a hearing and later resigned prior to said hearing. Although any offence I may have been accused of was not criminal it was nonetheless debilatating.

 

Like you I suffer from mental health problems (going back to my early 20's in fact) I was low anyway and the result of all of this proved too much for me and pushed me over the edge.

 

I now have an offer of a job but they have approached my previous employer for a reference if they get a bad one then I will lose the job and be unemployed so I can still appreciate what you are going through.

 

Try to focus one day at a time

Don't be frightened to ask your GP for help etc

Don't bottle it all up talk to someone about it

 

Try to see the light at the end of the tunnel and take each day as it comes rather than looking at the long haul as that will only make you feel worse.

 

Lastly keep coming back here for advice there are people here who do care and will offer excellent advice and if you come across any who criticise or condemn you then just ignore them.

 

I wish you good luck with your case

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I'm sitting here in floods of tears, and I just don't know what to do anymore. I was employed via an agency to work somewhere, and I admit that I committed Gross misconduct. I can't go through all that happened but I am ashamed and embarrassed that I did something so stupid, and this was totally out of character. Both companies are looking to carry out criminal proceedings and I am beside myself with worry.

 

Due to experiencing personal problems these last few months I acted out on sheer desperation, and I also suffer from mental health problems which doesn't help.

 

I feel bad enough as it is and welcome any feedback from those that were in a similar position regarding Gross Misconduct, but not to be criticised as I feel guilty and worthless right now.

 

If it does go to court, would I ever work again?

 

Hi..Firstly, calm down

 

Secondly, Gross Misconduct is just an employment term meaning that you can be fired instantly instead of being made redundant or going throiugh the usual dismisal process, and of course it wont help your employment prospects in the future but you don't have to tell future employers about this particular job.

 

You mention 'if it goes to court' , the gross misconduct side of it is nothing to do with legal/court action so i assume you did something illegal at work, no-one can advise you any more unless you are prepared to divulge a few more details. Even if you were to obtain some sort of criminal record again most employers wouldnt ask you about this, of course there are exceptions for certain types of jobs, police, education, etc.

 

Good Luck

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Yes what I did was criminal, and I have never ever ever done anything like this in my whole entire life. I was desperate and pushed over the edge. I'm not excusing what I've done, and did a very stupid thing that I will have to live with. Its cutting me up inside, and I have to wait a few days until both the agency and employer decide what action they'll take.

 

The employer was very understanding when I called her, and knew that it was out of character, but cannot guarantee whether it will be pursued through the courts.But the likely hood is that I might receive a criminal record.

 

I guess you are all right I need to take things one day at a time,and I am going back to see the GP again.

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Firstly, get help for your medical condition.

 

Secondly, it can be used in mitigation in the event your company do take it further (most don't, the gross misconduct is simply the justification to remove you and prevent you going back to work) and I am afraid without details (which I can appreciate you won't want to provide) it is difficult to know more or even offer consolation or help.

 

Plenty of people get jobs with criminal records. Of course, some jobs require preclude people with certain offences, however, there are always other jobs, and let's face it, self employed.

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  • 4 weeks later...

It seems that things have gotten worse. I am still very very sick with Depression, and now the Agency are saying that I owe almost £10,000. This is not true as the figure that I worked out was at lest £1000 and I do not know where they are getting the figures from. It has now gotten to the stage where they are threatening to get the police involved and I am in absolute bits. They are forcing me to come into the branch to see them and they have told me I have no choice in the matter as it will go further. I am still signed of sick by my GP, and can't face life anymore.

 

I just don't know what else to do, and my friend has been acting as a mediator.Does this mean that I will expect a jail sentence for this, and how can I make them see that I do not owe that vast amount of money as my P60 states that I only earned £11,500 during the financial tax year? Something is not adding up and although I'm mentally not with it, I know that this sum is far fetched.

 

Any advice on what to do?

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It seems that things have gotten worse. I am still very very sick with Depression, and now the Agency are saying that I owe almost £10,000. This is not true as the figure that I worked out was at lest £1000 and I do not know where they are getting the figures from. It has now gotten to the stage where they are threatening to get the police involved and I am in absolute bits. They are forcing me to come into the branch to see them and they have told me I have no choice in the matter as it will go further. I am still signed of sick by my GP, and can't face life anymore.

 

I just don't know what else to do, and my friend has been acting as a mediator.Does this mean that I will expect a jail sentence for this, and how can I make them see that I do not owe that vast amount of money as my P60 states that I only earned £11,500 during the financial tax year? Something is not adding up and although I'm mentally not with it, I know that this sum is far fetched.

 

Any advice on what to do?

 

Hi....Try to stay calm and remember you have friends here who will try to help.

 

I'd suggest seeking some help from CAB, there should be an office near you.

 

Now...I assume that you have somehow taken money or goods worth a certain amount ?

 

It is not suprising that you were fired BUT it does sound a bit odd, sounds like the agency is trying to get some extra money off you using the threat of calling the police, at least they are not involved at the moment and it seems odd that they wernt called straight away. I think it would look poorly on the agency if they were involved a long time after the alleged offence took place.

 

Can you get in writing some details of the amount that the agency wishes you to pay back, remember unless they start some sort of legal action as it stands you are under no obligation to pay them anything.

 

I think people here may need a bit more detail from you as to exactly what is going on.

 

Andy

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Viv1, just remember, you are not alone. Members of CAG can give you help and support.

 

We all make mistakes at one time or another. The important thing is that life must go on.

 

As previous posters have said, without more information, it is difficult to give real advice. Yes, go to your CAB. Talk to them. They will try and help you.

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I'm trying to stay calm but its really really hard. I suffer from Depression and last year I went through some very very rough times. I ended up working Part-time and I admit it was a struggle on my finances. I ended up doing an awful thing and added on extra days on my Timesheet for days that I didn't work, this went on for a few months. At the time I wasn't in the right frame of mind and wasn't thinking about the consequences as I was thinking about the children and preventing myself from losing my home.

 

Eventually I ended up getting caught, and although I feel guilty, at the same time I felt relief as I could face up to my Mental Health and seek help from my GP. The employer who fired me has been in contact with me since and has encouraged me to take things one day at a time and focus on getting better, and has admitted that I was a very good worker. I apologised and explained that I was determined to get better and pay back every penny that I owe.

 

The employer explained that they needed to recover the money back from the Agency, and as I was contracted by the Agency, I would need to come to some sort of arrangement. I was ok with that, but these past couple of Days a friend of mine who has been acting as a Mediator got in contact with the Agency on my behalf,who claims that I owe £10,000. I know that this is not true as I went through the timesheets and all in all I owe roughly £1000.

 

I remember an incident that has happened a few times with the Agency where I have been overpayed twice(no fault of my own) and they did not inform me until I noticed money being deducted from my wages. Also one of the recruitment consultants even said how she made alot of money from me due to the nature of my job(Secretary)

 

I am worried as although I want to resolve this situation as amicably a possible, I know deep down that it can't be £10,000 and they are also forcing me to come into the office to sign some sort of statement. They say that if I don't the police will be involved. I am wondering whether I could still get any help from CAB or Legal Advice due to what I had did was Fraud?? £10,000 is alot of money and I never earned that amount of money as I only earned £11,000 for that period which clearly states on my P60.

 

I can't feel any lower than how I already feel, and don't know if I should just hand myself into the police, as they have threatened a few times already? I'm confused and feel sick with worry and just can't face the children seeing me in this way

 

Any help would be appreciated

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I'm trying to stay calm but its really really hard. I suffer from Depression and last year I went through some very very rough times. I ended up working Part-time and I admit it was a struggle on my finances. I ended up doing an awful thing and added on extra days on my Timesheet for days that I didn't work, this went on for a few months. At the time I wasn't in the right frame of mind and wasn't thinking about the consequences as I was thinking about the children and preventing myself from losing my home.

 

Eventually I ended up getting caught, and although I feel guilty, at the same time I felt relief as I could face up to my Mental Health and seek help from my GP. The employer who fired me has been in contact with me since and has encouraged me to take things one day at a time and focus on getting better, and has admitted that I was a very good worker. I apologised and explained that I was determined to get better and pay back every penny that I owe.

 

The employer explained that they needed to recover the money back from the Agency, and as I was contracted by the Agency, I would need to come to some sort of arrangement. I was ok with that, but these past couple of Days a friend of mine who has been acting as a Mediator got in contact with the Agency on my behalf,who claims that I owe £10,000. I know that this is not true as I went through the timesheets and all in all I owe roughly £1000.

 

I remember an incident that has happened a few times with the Agency where I have been overpayed twice(no fault of my own) and they did not inform me until I noticed money being deducted from my wages. Also one of the recruitment consultants even said how she made alot of money from me due to the nature of my job(Secretary)

 

I am worried as although I want to resolve this situation as amicably a possible, I know deep down that it can't be £10,000 and they are also forcing me to come into the office to sign some sort of statement. They say that if I don't the police will be involved. I am wondering whether I could still get any help from CAB or Legal Advice due to what I had did was Fraud?? £10,000 is alot of money and I never earned that amount of money as I only earned £11,000 for that period which clearly states on my P60.

 

I can't feel any lower than how I already feel, and don't know if I should just hand myself into the police, as they have threatened a few times already? I'm confused and feel sick with worry and just can't face the children seeing me in this way

 

Any help would be appreciated

 

Please get IN WRITING from the agency a breakdown of the amount they claim that they wish to recover from you.

 

Also seek help from CAB and I think you may be eligible for Legal Aid (free legal advice). Of course you can get help, you are perfectly entitled !

 

DO NOT go to the agency and sign anything without seeking further help, it sounds like they are upto something dodgy. Please remember they are not legally entitled to recover ANY money from you as it stands so be very wary, especially if they are seeking an excessive amount.

 

I serioulsy now doubt the police would be involved so dont worry about that.

 

Keep us posted.

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Hi, my heart really goes out to you. You might have noticed that my son has been sacked for gross misconduct and I know just how much he is suffering. You sound as though things are much worse for you.

 

All the advice you've been given up to now is brilliant and you really do need to get some sensible advice. Check out whether you can access a lawyer via the CAB or other organisation. Near to me, there is a neigbourhood advice centre where local lawyers do a free service one evening each week - maybe you have something similar. I daren't go there myself because I'm so afraid my son's ex employers would find out - shows how these things make you pranoid, they're not even in the same city as me!

 

So I guess you can tell that I understand the horrible gut churning feelings.

 

I hope this turns out well for you. Good luck!

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When you calculate the monies owed, are you incuding the fee paid by the employer to the agency?

 

My firm uses agency staff and pays £18 an hour, the agency takes £10 and the staff get £8.

 

A second thought in my mind is that the employer should have double-checked your timesheet for accuracy before it went to the agency. Are they possibly at fault in some way for not checking? Or did you alter it after they checked it?

 

Whatever happens, wait for the agency to tell you what they intend to do before you panic. When they get in touch, let us know what they want and we CAG's will help you.

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I did include the fee, but it still doesn't total £10,000.Not sure what other charges they will decide to add on, so thats why I'm still confused about the excessive amount. I admit that I did alter the times after it was checked, so know that I am in deep trouble and will have to accept the consequences, but still can't help being scared.

 

I have requested a call back from a legal advice centre and just have to wait it out until Monday. The prospects doesn't look too good, as I have just googled up "falsifying timesheets" and the cases that I have just read resulted in people going to court and doing jail time.

 

Had a down day,but know that the CAG are there for support.

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My heart goes out to you, I don't condone what you've done, (we've all made mistakes) but mental health issues have strange ways of manifesting themselves. Thirty years ago I was took to court for the sum of 11.69, when I read about MP's and their 'expenses' it makes my blood boil. Please make sure you get legal advice, take a day at a time, keep consulting with you GP, come on here for support any time day or night and when it's over look to the future.

 

Please take care

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Whenever I have worked for temp agencies the timesheets have ALWAYS been signed off by a supervisor, or at the last employer I was based at, my hours/times/days were confirmed each week by the supervisor, who faxed to human resources who then filled in an agency timesheet and sent that off.

 

In all honesty, I think you could be better telling the agency you don't wish to deal with them anymore, and they should go to the Police.

 

At least then you will be able to get legal advice, and a much fairer treatment, it sounds to me like this agency are possibly trying to blackmail you, or maybe staff are trying to cover up the loss from the bosses?

 

Viv1, I have just very quickly googled timesheet fraud too - I dont see jail time, I see suspended sentances, community service and orders to repay moneys aquired via the fraud. If the Police get involved, then they and the courts would establish the real amount you owe - not the random amount generated by the Agency who at the very least sound like they are hoping to make a profit out of you.

 

Even better - get your mediator to go to the agency with your sicknote from the GP showing you are suffering with a mental illness, and say she/he cannot deal with you, either contact the police and instigate the legal process, in which the real costs that you owe would be assessed fairly. Even though you have done wrong it could be that the agency would shy away from the publicity of requiring someone mentally ill to be prosecuted for something they did whilst working at the agency due to the illness. A temping agency is also not going to want to advertise the fact to its potentional and existing clients that it sends temps to its clients that fake timesheets and so on.......

 

either way do NOT deal with the agency, work on getting better, and getting legal aid if/when you do get the knock on the door. Just concentrate on getting yourself better! The courts are generally far more understanding these days it seems to me.

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Hi there

listen just try to stop this consuming your whole life, ok deed done, dont beat yourself up, we are all behind you, just post how you feel, we will all here to try to help

Life will go on, the sun will come out, really!!!!

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