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    • Meat smugglers using English vehicles to evade border checks - Farmers Weekly WWW.FWI.CO.UK Criminal gangs are buying English-registered coaches and vans to smuggle large amounts of illegal meat into the country, Farmers Weekly has learned.  
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    • Thanks for the replies and sorry, as it seems I haven't communicated my question clearly. I'm not after advice about how to deal with the situation I'm in. I'm on top of that and sent a SAR to Scottish Widows the day before I sent one to the FOS. My query was around the FOS interpretation of personal data and the extent of their obligations under GDPR, hence the original title They have said that "personal data is defined as any information relating to an [...] identifiable natural person (‘data subject’)" They then define an identifiable natural person as "one who can be identified, directly or indirectly, in particular by reference to an identifier such as [...] an identification number. My view is that I have a complaint reference number, which identifies a complaint raised by me about the administration of my pension so it therefore indirectly identifies me If I'm right, then I believe that all the data related to my complaint is personal data about me, including the screen shot that purportedly establishes that I received my statements. I was hoping there might be someone with better knowledge of GDPR that can clarify whether I'm right or wrong before I react to the FOS's failure to disclose  
    • Please bear with me here i shall try and make this short but with all the detail, but i need help ASAP as there is limited time allowed for this process. I have been with my company 4 years and have advanced through the technical ranks to my current position,  we have an annual report which goes from 0-4 and for three years i have never scored lower than a 3. I was promoted to the role i am in now as an area quality assurance lead and the location was for the NE ( i live in the NW) eventually a similar role became available for another role in the NW. I asked my line manager if he minded me applying for it and he had no issues, i applied sat the multi stage interview and was given the role. My role is now classed as "at risk" of redundancy as we are moving from 4 regions to two which means they are also moving from 4 roles to two roles in my position. 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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SPML and Capstone


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I've had an SAR response from the above, although they have failed to comply as only one account holder has been sent the info and lot's of things are missing.

 

We are subject to a suspended repo. order.

 

The company have always claimed that we failed to make payments from a couple of years in line with the SRO. We knew that we had sent them payments but they, to put it bluntly, said we were lying and the onus was on us to prove it. Just how do you prove the content of an envelope sent? You can prove posting and delivery but not what is in it unless you are in a position to afford a solicitor or similar to swear the content everytime you use snail mail.

 

We had no choice at the time due to difficulties caused by SPML in setting up a DD mandate and we wouldn't trust them with card details as far as you could throw a....

 

Before and during this time we already had a case with Ombudsman which we won not long ago and as a result all fees and charges were refunded. The payment difficulties were acknowledged and the blame was put squarely on SPML/ Capstone and compensation given.

 

Since then the company have got tough insisting we were behind with the court order because of 'missing' payments and started applying new and improved fees of £115 per month whilst threatening eviction.

 

Well, the SAR shows that they received payment but is listed as an 'unsigned cheque' on their computer. No letters, no return of said cheque and nothing mentioned on any statement to show that payment was received but declined. Just that one line that shows they had received it. Enough to say that we are not liars and payment was sent and received however much they have tried or try to deny it.

 

I know for a fact that cheque had nothing wrong with it and it was signed as was the one sent with a letter they received the month after but seems to have gone missing as well. Letter acknowledged but cheque awol and it was stapled to it.

 

I can't begin to say just how angry I am. Payment was sent in good faith and they couldn't be bothered to cash it or even acknowledge it was sent and making us look like we have not kept to the court order. It's caused so much stress between my OH and myself, blaming each other for not making the payment and trying to hide it, we split up for a while over this and I moved out.

 

What next? So many complaints still outstanding with our account. 2 years spent with the Ombudsman and settled but still no further on and their mistakes and lies are getting worse at our expense in all aspects not just monetary:x.

 

Any ideas? I'm sick of dancing to their tune and relying on toothless budgie regulators to to do something other than suck.

 

Crapstone

Edited by Crapstone
spelling corrections and anger management
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Hi Crapstone.

 

Similar story to myself as you may have seen on the Preferred thread. To put it short don't let these idiots get an eviction warrant like they have with me as it is the biggest headache ever and an even bigger fight. If I was you and before it gets too far i'd apply to the court for a variation of order if you have a suspended one then complain to the judge about what they are doing to you and prove all your stuff. It costs £75 and if the judge finds in your favour you can asks for the costs back. Believe me if I could change the clocks back a couple of weeks this is what I would have done.

 

Sced

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Hi

 

When my complaint with the FOS was settled the adjudicator sid I could contact him again if I had any further issues. Perhaps if you contacted the adjudicator that dealt with your complaint they will pick it up again for you and deal with Capstone.

 

Do you know that the cheques were not cashed? Have you checked your statements.

 

When I had problems with them I paid over the counter at Barclays and then i set up a standing order so that I was in control NOT them and for the last two years all payments have been ok.

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Hi Sced and Midge,

 

I'm so sorry for what you are going through Scred, I know how you feel dealing with this bunch of con merchants. They tried to evict us already 'by accident' a couple of years ago when we hadn't put a foot wrong.

 

What would a variation of order mean and on what grounds can I ask for one?

 

We know the cheques weren't cashed and have checked all our statements.

 

I will also contact the Ombudsman on Monday and ask them for an opinion, as all this did happen whilst the complaint was being investigated by them but £115 fees weren't added until after the final ruling.

 

I think Capstone have dug themselves in a deep hole and it may just be worth stumping up the cash and consulting a solicitor whilst mentioning all the other devious scams they are up to including the securitisation. Does anyone know of a reputable firm of solicitors in the West Mids that excells in property and contract law who would be suitable to take on a complaint against Capstone/SPML?

 

Is there anything that could be seen as unlawful in Capstone receiving the cheques but then denying it and not returning them?

 

I'm determined to nail them one way or the other....just wish me luck..

 

Cheers.

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I called the court today to try to get a copy of the original Suspended Repo. order. All the records were destroyed after 2 years and so they can't provide me with one. All that is on file is a short note on their computer.

 

2 years seems an unusually short time to keep court documents and it seems that I have to enclose a copy of the original for the purposes of N244.

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I called the court today to try to get a copy of the original Suspended Repo. order. All the records were destroyed after 2 years and so they can't provide me with one. All that is on file is a short note on their computer.

 

2 years seems an unusually short time to keep court documents and it seems that I have to enclose a copy of the original for the purposes of N244.

 

 

Hi,

 

Does seem a little strange that they have destroyed all the docs. The short note on the computer must describe the terms of the order etc. You do not need to enclose a copy of the original order with your N244. I recently filled out one of these and didnt include it.

 

As for the SAR it is only 1 x £10 I believe.

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  • 4 weeks later...

I think I read on another thread that you had received news about the charges from the FOS ?

 

Is that true?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 8 months later...

After taking out a mortgage with 'cowboys' we complained and it took years to sort out (3 & still ongoing issues). We got all our charges back and a little in the way of compensation which doesn't begin to cover the true costs. The company 'accidently' sent an eviction notice so you can imagine the call costs and time off work trying to sort that mess out. They lost payments and sent letters to say we were lying and were in arrears. An SAR proved they'd had received them but had not cashed them, returned them or sent any notification.

 

It was also found that they had known about payment method issues and did nothing to help. They also refused to supply a table of charges or justify them.

 

The FOS ignored many of the more complex points but we did win eventually and it put us in a better position. Still an ongoing battle to be had..

 

I'd do it all again but be better prepared as it's not as easy as they make it seems. Legal knowledge helps to argue your case as your opposition isn't going to hold back and you'll be expected to respond to their defence. One of their last letters did make me laugh as SPML ripped into the FOS for always going against them...they forgot about us.

 

Do it..it's free, you don't have to accept any offer. They know you are not sitting back and going to pay up or take poor services.

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  • 11 months later...

Why has it been closed? It may be long but has been a central part to bringing all the threads together on this company. Without that ..Forget it, as there will be far too many threads to even start to look at or respond to as things develop with people that have been fighting this cause for a long time.

 

BF wants any new threads to be kept short..well forget that too as there is nothing 'short' when dealing with SPML, Capstone et al.

 

:-x:mad2::-x

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Havent looked in here for a few days, bit harsh if it has been removed.:!:

 

It hasn't been removed. Just closed. Even so, and quite rightly, the Op is fuming and I'm sure a few people will disappointed.

 

On that note I'm voting with my fingers and just won't continue to use this site.:closed_2::bolt:

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  • 2 weeks later...
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