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    • Who is the manufacturer and what is the address of the website?
    • hey no sweat any defaulted accounts vanish from your file on the defaulted dates 6th birthday paid or not, paying or not. doesn't mean the debt is not still owed mind.   as you've been paying for 6yrs+ pers i think i'd simply stop payments on that one too. ignore everyone, and of course abide by the golden rules   never ever talk on the phone about your debts, esp to a powerless DCA they ARE NOT BAILIFFS and have  ZERO legal powers on ANY debt no matter what it's type.   they'll eventually, like the OD debt, they'll sell it on.   if either of those happen and you get a Notice Of Assignment pop back here and we'll advise further.   in the meantime don't move without informing creditors.  
    • I had the same turbo refitted properly for about £180 I think.thats it, yes.
    • My neighbor just has the invoice from the plumber for the work done and materials supplied. The cylinder has a prominent large orange label that clearly states  '10 Year Warranty'' and there is no further qualification. No other paperwork was provided.  So the man on the Clapham Omnibus would expect that they had the benefit of a 10 year warranty as sated on the tin.   The '10 Year warranty' is standard, provided with the product, and was clearly aimed to win sales.   The manufacturers web site does currently list T&Cs that qualify the warranty, We don't know if these T&Cs are as they were 5 years ago, or if they have been changed   I have to say that the manufacturer appears to be very unsophisticated, their correspondence is far from professional, as was their telephone manner. This may be endemic to the industry as one of the competitors web site has a product page with a large clear bright image stating 10 Year Warranty, then within the product description (smaller print) it lists '5 Year manufacturers warranty'. Not sure what trading standards would make of that.   Thanks again    
    • By the way, have we checked that you did declare that it was a laptop and that you declared the correct value? Did you apply for the judgement yet?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Can an advisor ask and answer questions?


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I have just finniseh a string or meetings during a grievence/appeal hearing.

 

At all of them, the compnay had a representative from an external HR company there.

 

I was advised that they were there to take minutes and advise.

 

When i reviewed my notes i have realised that they conducted part of the questioning, prompted on dates and order of events etc

 

Is this fit and proper?

 

Also is there and legal differnce between notes and minutes?

 

 

I have just compared a verbatim transcript with the minutes provided and they are vastly different. I know that minutes are supposed to be an abridged version, by how far does that stretch.

 

The minutes are 14 pages but the transcript is over 33 pages.

 

Plus in the verbatum transcript a phrase like " i apoligise, we were wrong, but we don't intend to address that now" has been noted/minuted as " i will take a note of that"

 

Help?

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There is no particular legal difference so far as I am aware.

 

Minutes are a record of a meeting - does not need to be exhaustive but has to be accurate.

 

Notes are simply notes of relevant points from a meeting and would not include anything not pertinent to the issue at hand.

 

Can I ask- how did you get a verbatim transcript - was the meeting recorded and did you do it surrepticiously?

 

The final issue regarding the minutes is do the differences reduce the impact of your case - i.e. are the minutes a fair reflection or do they favour the employers perspective?

 

This is relevant in terms of the advice

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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I have a recording of the meeting, therefore my account is verbatum

 

It was taken without the other parties knowledge, however i understand that i am covered by the DPA Article 36, as the recording has not been revealed to a third party.

 

It is not also without precendent at an ET to present either a transcript in some cases a recording itself.

 

However it's the role of the advisor i really need to question, just how much interference can they get involved in?

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Tricky. I can't See anything in the ACAS D&G guidlines that really covers your question.

 

I suppose the nearest analogy is the role of an employee representative in a disciplinary/grievance/appeal.

 

They're entitled to address the hearing and confer with the employee they're accompanying. They're not entitled to answer questions on the employees behalf though.

I don't know if it could be held that someone sitting in on a hearing from the employers perspective should act in an equivalent way.

 

The classic set-up is that a manager conducts the hearing, whilst someone takes notes.

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Does the recording prove that the advisors role was simply to record and advise?

 

If so, then you have evidence to show that they misled you in the conduct of the investigations.

 

At this stage, may I suggest you send them amended minutes, reflecting your version of events - keep mainly to their words and change only to reflect aspects that favour you. Try not to make it so that they suspect that you have recorded the meeting.

 

In the covering letter say that they must have not noted the meeting accurately and this version of the minutes, you feel, better reflects the discussions. Don't tell them you have recorded the meeting but also don't lie (this is important if you want the integrity of the recording to be maintained).

 

The recording is most likely to be allowed at an ET, but if you lie about it, it affects your credibility. Also I assume the reason you recorded the meeting is not that you dont have any trust and confidence in your employers, but because you needed a memory aid. Otherwise, if there is a loss of trust and confidence, you could win at ET but still be dismissed (see aziz v trinity taxis on BAILII website)

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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If you have a verbatim recording/transcription, and their notes/minutes don't reflect that, they're in bother, no?

Yes I agree - this, coupled with the advisor conducting the interview, indicates that the result was a foregone conclusion and the hearing was not fair. Accordingly, any dismissal as a result would also be unfair, I think.

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Does the recording prove that the advisors role was simply to record and advise?

 

If so, then you have evidence to show that they misled you in the conduct of the investigations.

 

At this stage, may I suggest you send them amended minutes, reflecting your version of events - keep mainly to their words and change only to reflect aspects that favour you. Try not to make it so that they suspect that you have recorded the meeting.

 

In the covering letter say that they must have not noted the meeting accurately and this version of the minutes, you feel, better reflects the discussions. Don't tell them you have recorded the meeting but also don't lie (this is important if you want the integrity of the recording to be maintained).

 

The recording is most likely to be allowed at an ET, but if you lie about it, it affects your credibility. Also I assume the reason you recorded the meeting is not that you dont have any trust and confidence in your employers, but because you needed a memory aid. Otherwise, if there is a loss of trust and confidence, you could win at ET but still be dismissed (see aziz v trinity taxis on BAILII website)

Why give em any warning, MC?

I don't know how it stands from a disclosure point of view, but why not say nowt, put your version down on the ET1 (if it comes to that), and hope they think that you can't substantiate what occured.

Then, they tell porkies on the ET3 and you've got em.

 

It worked for me several years ago. That was settled by Compromise Agreement, so it wasn't tested at ET.

It forced the Comp though, because they told blatent lies about what had occured at the Disc.

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Yes that could also work, but really it depends on what the charges are and if the OP is guilty or not and what evidence they have.

 

Because, if the OP is dismissed with strong evidence, Polkey defence would be that even if the procedure was erroneous, the OP was clearly guilty and would have been dismissed anyway, so no award despite an unfair dismissal.

 

My advice was really geared towards trying to avoid dismissal in the first instance, but keeping the ET option alive and well - because at this stage we do not know what evidence there is/ that will come out of the woodwork.

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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But I get your point El.

 

If they lie on ET3, their goose will be cooked I guess.

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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