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    • Hello fellow Gaggers.   I did what you all suggested and asked for my CCA from all the Companies/DCA’s involved. These were sent by first class to sign for on 6 June 2022. They all received and signed for these letters on either 7 or 8 June 2022.   None have come back with a signed by me CCA or relevant documents. Here are the replies I received are as follows:   BPO Collections, received a reply on 17 June with their letter dated 14 June, no CCA received by 27 June.   Dear ***** Please find your postal order for £1. Unfortunately, we are not able to accept this as we don’t charge for this. I have requested all the information you have asked for, once our client has responded we will send this over. Yours Sincerely, John McNamee.   Cabot Financial, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update, (their 12 days regarding an update is today 4 July, no post from them has been received).   You still have an outstanding balance of £****.** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account. Yours Sincerely, Stephen Shaw.     NCO Europe, received a reply on 13 June their letter dated 8 June, no CCA received by 27 June.   Dear Sir/Madam (can’t even get my gender right). Thank you for your request and payment for a copy of your CCA which we received today and have forwarded to your creditor. Your creditor has advised us that they no longer require payment for this (postal order for £1.00), therefore we are returning it to you. You will receive the CCA in due course If you have any queries blah blah blah……………… Yours Sincerely, Joanne Perry.   PRA Group, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** I am in receipt of your letter in relation to the above (request for my CCA) and have requested the required information. Until this is received, I have placed your account on hold which will cease any further collections activity until further notice. PRA Group UK Ltd do not charge any fee to carry out this request, I am therefore returning this payment (postal order for £1.00) to you. We will contact you to provide an update as soon as possible but if you have any questions, please contact us blah blah blah……………………………… Yours sincerely, Carissa Rae.   Idem Servicing, received a reply on 18 June with their letter dated 16 June, no CCA received by 27 June.   Dear ***** Thank you for your request pursuant to sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.   The balance of your account is still outstanding and we will continue to pursue this debt which will include any arrears and defaults with the credit reference agencies. We can confirm the balance of your account of £****.** remains due and payable and we will continue to contact you to discuss repayment proposals. In the meantime, we attach a statement of account detailing the transaction history. You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Yours sincerely, Rebecca Harper.   Rather than scan and post the letters I have received from the DCA’s I have typed out the main points of each reply I received. All have failed to send me a true, signed by me, with attached terms and conditions (at the time of signing) a valid Consumer Credit Agreement. Most of each letter seems to contain bluff and bluster, and veiled threats. One note of concern, would any of this come to bite me in the rear end, should I fail to pay them any more money, with regard to the credit reference agencies? I await your more knowledgeable responses.   Allets.
    • Well done. Different shops have different staff.  For customer service in future look at sainsburys. I know the CEO is the same. 
    • Hiya, just to update you, they've now posted another enforcement notice - with a deadline of next week before action - to my new address. Presumably found that via the court document? I've not had any acknowledgement from the court of my new N245.    I need to check whether the deposit that was in dispute is still sitting with mydeposits so I will dig out the paperwork this week.  Also wondering whether it is worth going for an IVA if the court don't agree to my recent offer.   Meanwhile, if they turn up I will talk to them through the door.    
    • Include they dont know you received it.    
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Urgent Help Needed Employment/Personal File Issues


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Hello,

 

Can someone please advise me if it is acceptable for my current employer to hold a newspaper cutting of an article regarding an employment tribunal in relation to my previous employer? Following a subject access request for my personal file, I discovered that my present employer have kept this newspaper cutting on my file. They are saying that if anythign is deemed relevant to my present employment they will keep it on file. I have informed them that some contents of the newspaper article are inaccurate (due to inaccurate statements made by the representative for my previous employer at the tribunal hearing).

Also, I discovered that my present employer had contacted my previous employer by email and telephone requesting 'background notes and papers' on my medical history as they were 'considering my sick record'. Is this acceptable? I have written to my personal department and asked why they did this, and they have said that my sick record from my previous employer would transfer over, they deny requesting background medical information, even though I have it in writing in the form of an email.

I did not transfer between departments or anything like that, and I did an interview and aptitude test for my present job, and resigned from my previous employment, therefore I do not see how and why they can transfer my medical history from as far back as 2001.

 

I would really appreciate if someone could advise me on this?

 

Many thanks

 

Caz

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Hello caz and welcome to the forum. This sounds odd to me, although I can't quote you chapter and verse at the moment.

 

Are your 2 employers connected at all? Normally, I would expect medical records to come under the Access to Medical Records 19?? legislation.

 

Depending on what answers you get here, have a look at the directgov and ACAS websites. ACAS also have a confidential helpline that you might like to ring.

 

My best, HB

Illegitimi non carborundum

 

 

 

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hello HB

 

Thanks for your reply. I am based in N.Ireland, so ACAS unfortunately doesnt apply to me over here. There is a strange situation with my two employers, in that employee's of my previous employer used to be 'civil servants', which is my current employer. However this changed before my appointment to my previous employer, and I was directly employed by my previous employer and not a civil servant. I understand that there may have been some confusion surrounding this by personel, but cannot understand it as I clearly resigned from my previous employer and did an interview to get my present job! They have acknowledged this in a letter to me, but deny that they requested background medical information, which quite clearly they did.

It feels a bit like an invasion of privacy when you discover emails and telephone calls have been made to your previous employer asking about your medical background.

I am meeting with my union rep, though to be honest it seems like he is just trying to calm things down, and not really interested.

I am not sure where to go from here, and feel like my present employer think i am some kind of trouble maker as they have kept these things on my file.

 

Caz

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Hi Cazzie

 

Your employer's file on you must comply with data protection rules. If they are not accurate because you went through a ET case you should have the findings of the Tribunal to prove that your story is true and accurate. You could write to your employer and insist that the file does not comply with data protection and if they refuse to correct the mistake you can complain to the Information commissioner. You can raise a grievance not only on your file but also the lying to you especially as you have the evidence that they supplied you!!!

 

As far as your medical history is concerned.... this is a double edged sword. Now that they KNOW what your previous medical history is they are on notice if they do something that would jeopardise your health and well being. Personally I would shove it directly in their faces and tell them what problems arose previously but at present you are OK and it is not a problem (unless it is of course). Do you mind telling us what is the problem and whether it impacts on your job?

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Hi there,

 

Thanks for your reply. The problem with my previous employer is pretty horrendous to be honest, and relates to a long drawn out series of bullying which really amounted to organisational bullying i.e. a certain incorrect attitude about me which seemed to spread. This culminated in my eventual transfer (which I had to fight for and was told that I must return to the office in which the bullying occured before I could transfer). In my new office, I faced a discliplinary for something I did not do (I cannot divulge the nature of this), but was told by HR if I stuck it out and went through the process that I would not lose my job. I was not suspended during investiagtion either, they just transfered me again to another office. However, this all became too much for me, and I resigned. My employment tribunal was for constructive dismissal, which didnt go anywhere because of a time issue (I was out of time by about 5 months). The tribunal cannot publish the result because of a false accusation made by the barrister, which is quite serious and I currently have a complaint in regarding this.

 

I believe that my present employers attitude to me has transferred from my previous employer, now that I find out there have been emails and telephone calls between each employer. My medical history is admittably pretty bad in my last employment, due to a series of ENT medical problems, operations, and stress induced mainly by the bullying. My sick in my present employer is alot better, however they tried to give me a warning for having one day over their policy of 4 occasions or 9 days in a running year.

 

Not sure where to go really, as even the employment tribunal seems like a dead end, and even though I hadnt initially gone to my union rep regarding my personal file, my present employer have contacted him and actually said that they have given me all the information they can and have asked him to speak to me.

 

Caz

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Hello again caz. I do feel for you in all this. It sounds very complex and not very fair to me. You say you don't have ACAS, but isn't there a Northern Ireland equivalent? I just saw the name but have forgotten it. Have you spoken to them at all?

 

I hope we can help you to find a way out of all this.

 

HB x

Illegitimi non carborundum

 

 

 

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