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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Disciplinary Hearing Next Week - please help!!


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For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

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For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

 

 

Thanks again Marie, I will send that reply in a moment, just asking for notes from the disciplinary or the 1st informal meeting on Monday 5th as well ??

YOU are my real secret weapon by the way :)

 

xxx

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For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

 

 

Hiya, sent the email this morning, will let you know when i receive a reply.

 

xxx

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Final thoughts:

Health and safety regulations require that IF you had believed that the blast chiller represented a serious and immediate danger to health and safety you should inform your employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees.

Since the health and safety rep. himself was happily using the metal implement to operate the chiller you had no reason to believe that it was unsafe.

 

I had a chat with a friendly EHO who said that, no matter who the duties are allocated to, the responsibility for ensuring that cleaning standards are adequate lies with the proprietor of an establishment.

Also, that the labelling and cleaning issues described would, at the very worst, result in an improvement notice.

 

Good luck! I hope that you get; the dismissal overturned, the notice pay to which you are entitled and a couple of copies of a very good reference.

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Hi everyone.

So, OH attended the appeal meeting today,

 

He sat down and boss said sorry I have to conduct this appeal, it is a very small hotel so there is no choice then he started asking questions to matters irrelevant to the appeal in an aggressive manner, OH stated that those issues on the email are what he came to discuss and get Boss's reply on but Boss just kept saying "Are you refusing to answer my questions?" so OH told him that he would discuss the appeal or the meeting was over, and Boss was getting irate so OH walked out.

I'm beside myself today, it's all been too stressful and i know it must have been hard for my partner (he was starting to have a panic attack this morning) but I feel let down.

I am expecting we will get a letter from boss later but what if that is now situation closed?

x

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Hi everyone,

Got an email reply from HR today saying happy to comply with requests and minutes are ready for us to collect from hotel reception, will get them tomorrow now, but think they are typed only :(

 

x

 

Did you manage to collect the notes - are they accurate as your hubby recollects?

 

If not I would write and ask for the handwritten copy as you feel they are not accurately reflecting the meeting as it happened.

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Hi everyone.

So, OH attended the appeal meeting today,

 

He sat down and boss said sorry I have to conduct this appeal, it is a very small hotel so there is no choice then he started asking questions to matters irrelevant to the appeal in an aggressive manner, OH stated that those issues on the email are what he came to discuss and get Boss's reply on but Boss just kept saying "Are you refusing to answer my questions?" so OH told him that he would discuss the appeal or the meeting was over, and Boss was getting irate so OH walked out.

I'm beside myself today, it's all been too stressful and i know it must have been hard for my partner (he was starting to have a panic attack this morning) but I feel let down.

I am expecting we will get a letter from boss later but what if that is now situation closed?

x

 

As I said you can't expect to get any sense out of the Boss. The Boss is

struggling, because things aren't going the way he invisaged. He expected

your other half to lay down and take the rubbish.

I would send him an innocent e-mail requesting the address of the local

Health & Safety Executive and how to get there. Keep your head up.

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I know its easy to say from the outside - but letting it go is like saying "he was right to sack me" - and he wasn't right - does you hubby really want a sacking on his CV?

 

I really think he should get in first and send a letter about the way his appeal was handled and request a hand written copy of any minutes to be provided immediately - it would be interesting to see how reflective the notes are of what actually happened. If they don't reflect it a grievence needs to go in straight away.

 

It can all be used if it goes to ET

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I know its easy to say from the outside - but letting it go is like saying "he was right to sack me" - and he wasn't right - does you hubby really want a sacking on his CV?

 

I really think he should get in first and send a letter about the way his appeal was handled and request a hand written copy of any minutes to be provided immediately - it would be interesting to see how reflective the notes are of what actually happened. If they don't reflect it a grievence needs to go in straight away.

 

It can all be used if it goes to ET

 

 

I totally agree with you, I meant I feel let down by my other half,,, i could scream right now.... but he thinks it would be a lot of hassle and boss would employ best lawyers and we;d be even more in debt than we are already when he loses :(

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surely you would qualify for legal aid at this point?

 

I don't think there is anything stopping your OH from raising a grievence and getting the notes at this point and then making a decision when all other avenues have been exhausted.

 

But I guess it has to be his decision

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  • 2 months later...
surely you would qualify for legal aid at this point?

 

I don't think there is anything stopping your OH from raising a grievence and getting the notes at this point and then making a decision when all other avenues have been exhausted.

 

But I guess it has to be his decision

 

 

Hi everyone

Just wanted to say that partner did call ACAS the following day and eventually got a call back from someone who is going to try and mediate. He has since been in touch to say he has spoken to the other party and is getting some information and will be back in touch, and it could take some time, well that was about 7 weeks ago so I will report back when we hear anything new.

Sorry I didnt update sooner, we have had more pressing issues involving evictions and bailiff troubles that can be seen in the relevant forums if anyone has any knowledge in the above I'd really appreciate your opinions,

But will be back soon anyway and thanks again xxxxxxx

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Did the hotel proprietor ever get in touch with your OH again after the appeal hearing?

For example, a letter/email saying that he upheld the original decision to dismiss.

 

 

Hiya, long time Mariefab, hope youve been well,

 

 

Yes he did, dated 5th November 2009,

 

He goes into loads of detail on the issues again, (i have a scanner now I can upload the originals now if u like? And if so, is it photobucket.com i have seen on here?)

 

 

Then concludes with

 

I am afraid that following my review of the Grounds of Appeal that you have put forward, I am not persuaded by any of the issues that you have raised to overturn the finding of gross misconduct and the subsequent decision to summarily dismiss you. I hope that the reasoning underlying my decision is clear. If however you would like me to further clarify the reasons for my decision, please do not hesitate to contact me.

 

Yours sincerely,

 

 

********** *************

 

 

I also have more info of the constructive dismissal folllowing a very indiscreet HCEO visit in February where his boss was made aware of our personal difficulties.... i have a witness who will support my partners claims that the HCEO told reception and anyone within earshot of the reception that he was an officer of the court with a warrant for mr **** ****** (my partner) and things turned sour with the boss after this visit.... xxx

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Yes, photobucket does work on here.

 

If you scan and post the whole letter make sure that you obscure any names or other identifiers.

 

I think that the only thing that you can do now is make an Employment Tribunal claim for unfair dismissal.

Please note that the clock is running out on this because you only have 3 months less one day from the date of dismissal to do this.

If I remember correctly this will need to be done within days.

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Something to bear in mind, if you were to go down the ET route, is that any award made would only extend as far as the date of OH's notice. He wouldn't be able to claim for loss of wages beyond that.

You wouldn't be looking at 'big money' therefore.

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Yes, photobucket does work on here.

 

If you scan and post the whole letter make sure that you obscure any names or other identifiers.

 

I think that the only thing that you can do now is make an Employment Tribunal claim for unfair dismissal.

Please note that the clock is running out on this because you only have 3 months less one day from the date of dismissal to do this.

If I remember correctly this will need to be done within days.

 

 

:-o

 

I thought if you were dealing with ACAS it was ongoing..

 

Ive been wanting him to ring a legal aid solicitor regarding his constructive and then unfair dismissal for ages because he did have no option but to leave, the boss was insinuating he was cooking the books as well as the food. :-oxxx

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Something to bear in mind, if you were to go down the ET route, is that any award made would only extend as far as the date of OH's notice. He wouldn't be able to claim for loss of wages beyond that.

You wouldn't be looking at 'big money' therefore.

 

 

I have always thought that ACAS was dealing with the unfair dismissal action, and once resolved if favourable to my partner we would proceed with the constructive dismissal claim.

 

On the comment about loss of wages. By doing what his boss did and sacking him, my other half missed out on a very valuable reference, it had hindered his search for jobs, and success of his applications. I know he hadnt got a job when he resigned well he sort of did, working for my brother in law, but his restaurant is closed at the moment, and that is going against us with our claim for housing help, apparently we brought it all on ourselves and it goes to make us intentionally homeless.....

How can a judge not see that no other place was willing to wait 3 months for him, in fact he had 2 job offers but neither would wait the notice period and when partner approached after sacking they had already found other people. SO with pressure from me and family members he resigned, planning to apply for jobs once he got down to 4-6 weeks notice left, he never got that chance.

But then again even if we dont win anything, just make a stand against the bully boss Ill be happy, as long as not massively in debt as a result, cause as u can see from my current posts in the debt and bailiff forum, we are already penniless.

 

xxxx

xxx

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Are you still waiting to hear back from ACAS?

 

It would seem that if you only have days to go before your deadline to bring a claim to the ET I would start looking to submit your ET1 as soon as possible.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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What exactly is your OH's arrangement with ACAS?

Has he received any documentation from them at all?

 

If you haven't heard from ACAS for 7 weeks I would suggest that perhaps your OH's ex-employer is either not answering ACAS or is stringing them along and delaying things until 13th January passes (after which you will not be able to make any kind of Employment Tribunal claim).

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