Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 6 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
ineedsomehelp

Gross Misconduct, Mitigating circumstances - Advice needed please

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3980 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,I really need some advice as I don't know what to do..

 

My wife recently was asked to account for an amount of missing money from the retail outlet in which she works. The area manager told her that an investigation would begin in to this matter. This triggered off an emotional response and my wife daid something like "there is no need". She then got up, walked out and and to cut a long, and extremely distressing story short, attempted to commit suicide half an hour later. Thanks to the work of the emergency services and members of the public she was saved. She promptly recived psychiatric care and has been diagnosed with post natal depression leading to the breakdown. She fully admitted to me that she stole an amount of money from her employer in the two months after returning from Maternity leave. She realised that this was wrong and did not do it again. This was Christmas 2008, the matter was discovered months later. She has worked for the firm for 10 years and has an impeccable record. She is currently on sick leave as she is incapable of most daily interaction but the firm are aware of the circumstances and her unofficial admitting of the offence. Please do not get me wrong, both my wife and I fully appreciate that this was wrong and constitutes gross misconduct, however her medical team assure us that acts of apparent stupidity, that are out of character are symptomatic of this condition. I want to know where we currently stand. Can my wife be sacked via post after breaking down and admitting to me that she committed this act, now that the company are aware of it? Or Will they have to wait until she can face a meeting with her superiors to account for her actions? Will such strong and acute mitigating circumstances assist her? Should she resign by post before they can sack her? Neither the company, nor I had any inclination of ill helath on her part and this is a shock to everybody concerned. Any help would be greatly appreciated. Please feel free to ask any questions to clear up any points. Thanks

Share this post


Link to post
Share on other sites

This is a really tough situation that both you and her are going through and I sympathise a lot. I have asked site team to look at this thread for you as I know elche is one person who can help and I will ask one other person who I think might also be able to help to give advise.

The only things I would ask is that whether she has formally admitted it and whether she/you are able to pay back the sums taken

  • Haha 1

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Share this post


Link to post
Share on other sites

We both reported this at the same time, YB.

I have marked it FAO of Elche or Ell-enn.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Share this post


Link to post
Share on other sites

Thanks for you quick response folks,

 

It was less than £500 in December 2008. Before this time and since this time she has not done anything remotely illegal. We did not need the money and my wife cannot even remember why she did it or what she did with the cash. I would be more than willing to pay anything back. I suppose I could write her a letter of resignation and send it off but I just think that this is the knee jerk reaction and wouldnt give her the opportunity (when she is well) to offer any sort of explanation. The medical team who are looking after her have said that out of character, emotive, irrational acts are symptomatic of the illness and that they could provide documentation to represent this. I suppose I am scared that They have the power to just sack her through the post whilst she is so ill and wash their hands of her. MY hope is that they allow her time to recover and if paying back the money and resigning is the right thing to do, then so be it but all this could be done when everyone is thinking straight. I have written to her employers HR dept and told them everything in a hope that 10 years impeccable service and mental illness might allow them to give her some time to recover before holding a hearing and sacking her. There is nothing that formerly admits anything in the letter but it implies that the allegation is founded. If resignation is the answer, could they mention anything in any future about "resigned pending disciplinary..." or anything similar or does this leave them open for litigation. Would it be the case of just getting a "started this date, finished this date" Thanks again, I am really struggling to get my head round what is happening. I am appealing for help as much to keep myself busy as anything else.

Share this post


Link to post
Share on other sites

Hi there, I'm, so sorry to hear of your situation. Your wife must have felt incredibly distressed to act as she did, and it will have been a great shock to you.

 

However, at the moment your wife's health is the most important thing and she has to recover before contemplating dealing with the work situation. I am sure her doctor will advise the same.

 

If, when she feels able to deal with the situation, she decides she no longer wishes to work for the company, there is nothing to stop her resigning.

 

Given her length of service and exemplary record, I cannot believe the company would bring any formal charges, especially as they are aware of her medical condition.

 

I really do think you should wait until your wife is able to discuss things without becoming upset (no matter how long that takes), before tackling the work situation. It sounds like she has the full support of both her doctor and yourself and that is as it should be.

 

However, if your receive any communication from her employer please let us know and we will help you to respond. Just out of interest how did the employer become aware of her "confession".

 

I do hope your wife soon recovers back to her normal self, she is very fortunate to have such a caring and supportive partner.

 

Kind Regards

 

Ell-enn


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Hi,

 

Thanks so much for your support. She was called in to an informal meeting after a spot check by an area manager. She was asked to account for some irregularities. The area manager said that a formal investigation would begin. My wife said something similar to (this is all from memory and may be slightly different, in essence its right) there is no need, tell my husband and daughter I love them. She then walked out, leaving all her possessions. The area manager said something like "it doesnt matter how you tell your family, all correspondence will be addressed to you". I dont know whether at this point the poor woman knew what my wife actually meant. This was the last correspondence between my wife and the employer. I rang the employer out of courtesy to tell them what had happened. I dont really know what they thought when I rang up gibbering on the phone! I have now written a letter fully outlining the circumstances, in which it implies that my wife and I are aware of the allegation but it doesnt say "she fully admits etc." It simply says that she understands the seriousness of the offence and understands it must be investigated. It basically pleads for some time for her to get well before anything is formally addressed. Thanks, keep asking questions if you need me to fill in the gaps. I really appreciate any help you can offer because I dont know what to do for the best.

Share this post


Link to post
Share on other sites
(1) Can my wife be sacked via post after breaking down and admitting to me that she committed this act, now that the company are aware of it? (2) Or Will they have to wait until she can face a meeting with her superiors to account for her actions? (3) Will such strong and acute mitigating circumstances assist her? (4) Should she resign by post before they can sack her?

 

I think as Ell-enn says above, your wifes state of health is the most important thing right now, and I am sure that you are doing everything possible to assist her make a speedy recovery.

 

As regards the 'employment' issue, I would briefly say:

 

1 - No employee should be sacked by post after 10 years service - this would very likely be viewed unfair.

 

2 - Normal practice is that an employee would heva a meeting before being dismissed even in cases of alleged GM - best practice (which I would urge after 10 years service) would be to suspend the employee on full pay in advance of the meeting if GM is alleged.

 

3 - Certainly in an ET if a claim were brought if she were dismissed (it would depend what any medical reports said) - at company level, more difficult to say

 

4 - NO - don't throw away your potential right to 10 weeks notice pay by resigning now - whilst you may lose the 10 weeks if this is trully GM, don't let them get away easily by resigning - However, I say this from a purely 'employment law' perspective, I would totally understand if for medical reasons she did wish to resign now.

 

Hope this has been some help, and wishing your wife well.

 

Che

  • Haha 1

...................................................................... [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]

Share this post


Link to post
Share on other sites

You are doing all you can for the moment - there is no way your wife is fit to attend any hearing, and the employer should be sympathetic to that. At the moment you should concentrate on supporting her, which you are certainly doing.

 

Obviously you need to express how you feel and seek guidance without distressing your wife by talking to her about this, you will get plenty of support on this forum. Please don't hesitate to post on here whenever you have a question, we will all try to help as much as we can.

 

Ellc

  • Haha 1

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Thank you all very much. The advice is really appreciated. I only hope that the employer takes the same view as the people here. I will continue to post any developments and will keep you informed of any changes. My wife and my daughter are my priority at the moment so I will focus on them as much as I can.

Share this post


Link to post
Share on other sites

There you have it, from the HR experts, Ell-enn and Elche.

I wish you and your family all the best and I hope everything turns out well for you.

Please let us know if there are any developments.

 

Regards, Rooster.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...