Jump to content
  • Tweets

  • Posts

    • Point out that the small claims process is very simple and straightforward. If there is a hearing then it is very likely to be a telephone hearing and as long as one knows the steps then there is no reason to be unconfident about it.
    • We should be able to obtain opinion regarding expected life from the original plumber as he is no longer active in the trade, so no issue with future relations with the merchant..   I will talk to my neighbor and explain what he  needs to do, clearly it will be up to him to proceed with the claim via the suggested route   Thank you for your help.            
    • Hi Andyorch please can you confirm is this the correct form I need to use as I just searched and it has bought up a different form as in here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732360/N244_web_0818.pdf
    • Thank you Andyorch and BankFodder I will go through this now, Please advise if I need to repost it up or just copy and amend the form with the details and send it off Tomorrow I can attch the Pdf version tomorrow, also the claim amount plus costs and Interest are higher than in the amended notice, should i include the figure in the claim or leave it at £7700 and just add the name of my Daughter
    • I must withdraw from the course as Student Finance England will not fund my second degree which is an exception degree. For I been told of an outstanding debt that I had no idea existed, which was sold to a third party from my original degree. SFE told me that there no outstanding debt when doing my application but now informed me that they sold half my loan to a private company that put a block on my account.  I tried explaining that I never earn over the threshold so no payment was due, which sfe agreed but they say they can do nothing about the block on my account by Erudio.  I rang Erudio to explain but they said will only remove if I fully pay even though I am under no legal obligation as I never earn the threshold, plus I cannot afford 8070 pounds.  I spent hours telephoning looking for a solution with no luck, I contacted Student loans England, Student Finance England, the University credit and finance but no luck in finding a solution. But I really see a solution being found as I don't want to liable for course fees as I can't afford them without SFE loan.  What makes it worse is the university stringed me along even though I phoned them on 28/10/2020 and raised this as a concern that finance not been received and she assured me the cut off point was 18/11/2020, I received my decision on 21/11/2020 i immediately withdrew from the course.  But when I rang the university to explain that these are circumstances out of my control,  and its not like I don't want to continue the degree there no finance she said well we charge you 2250 pounds because you two days over the cut off point. I told look at system notes I already telephone with concern and now they sending me invoices, totally stressed made appointment with Student union adviser I find it amazing they try to take advantage of me in this way.  If anyone has any advice please I would very much appreciate it.       Just add I rang erudio whom informed me the debt was Stature barred in 2010 and they bought loan in 2015, and they only remove if I pay it in full which I cannot afford, this reason I have drop out.  On my SLC loan every if up to date and there no outstanding balance there deferment till 2005 and then gap in 2018 it says   Annual Unmatched customers/oversees/Not eligible to repay statement.  I did move address erudion had my old address but slc had my new address.  Anyway the lady said that since I did not fill in my deferment regardless if I can prove I never earn over the threshold that the debt had been statue bared,  If anyone can tell how I handle the university whom going after for a whole term payment just cos I was two days over the tutor said she allow my withdrawal from the 18th but I don't know how the university will act.      
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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.
       
        • Thanks
      • 3 replies
    • 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!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 3731 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 work at a printers in bradford and about 5 years ago I was given a written warning for taking some scrap metal from work (it was waste but my employer still classed it as theft). I am now in trouble with him again due to not agreeing with him talking to me like a dog and fighting my corner (he says it is gross misconduct as I argued my case and walked away from him when he started swearing). He is using my old written warning as a base to try to terminate my employment.

Am I correct in thinking the written warning should be removed from my file after 12 months? Am I also within my rights to walk away from him if he is being verablly abusive?

John

Link to post
Share on other sites

Should say in your contract or employee handbook how long written warnings last, but generally it is 12 months at most.

 

If he is being absuive walk away.

 

Sounds like a possible Unfair Dismissal claim if they fire you.

Link to post
Share on other sites

that opens up another bag of worms.....

 

We have never had a contract. I have worked here for 16 years and have always been told "its a family firm, we dont need contracts". We recently bought out another printers, all of who are on contracts, but none of the original firm has one, and on request get told "we wont be going down that route".

Link to post
Share on other sites

A contract will be implied based on custom and practice of how you have worked over the last 16 years. The fact that nothing is in writing should not be a problem.

Link to post
Share on other sites

And I believe I'm right in saying that if you don't have a written contract, then the terms laid out on the directgov website are assumed to apply. I also don't think a former warning can be resurrected after this length of time.

 

You could have a look at the directgov and ACAS websites for more information, and ACAS have a confidential helpline. Keep your cool, you'll get there.

 

My best, HB

 

Welcome to CAG by the way.

Edited by honeybee13
PS

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

There isn't an automatic time limit to warnings, but to use a previous one which is five years old as a basis for dismissal would be extremely unreasonable if this misdemeanour is a minor one. Good practice is for warnings to last for a specified time, and thereafter, whilst they may remain on record, they should not be used as a continual stick to beat you with.

 

No written contract actually works in your favour in some circumstances as the majority of your contract will have been formed by custom and practice. As the disciplinary code is also not in writing, it also makes it very hard for an employer to defend an action for Unfair Dismissal, as with the exception of acts of Gross Misconduct which would be obvious to the employee were wrong, there is nothing to say that you should have known you were likely to end up in trouble.

 

Is the latest incident a serious matter, or would it otherwise be trivial? Have you maintained a good work record since the original warning?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...