Jump to content


  • Tweets

  • Posts

    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Sick pay and return to work


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4990 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I will try and explain as best I can - hope it makes sense.

 

I joined my present company in July 2009. I am a training consultant so basically teaching classes of people. During that year I got excellent feedback and attracted repeat business to the company.

 

In June 2010 my employer told me to go and do a course I wasn't qualified for. For four days I faced a class of very aggressive people. To cut a long story short it really knocked my confidence. I should never have been sent to do it. A few other things were going on in my life and as a result I became depressed and very anxious. I have had depression for 10 years but up until June had been managing it ok.

 

I have been off work now for five weeks. Per my contract of employment I get 10 weeks on full pay and then have to go on to SSP.

 

With my health the way it is I cant go back to doing exactly what I was doing before. My job involved travelling and being away from home for 2 - 3 nights each and every week. Thats not possible for me at the moment. I am taking medication and seeing a counsellor so am helping myself as much as possible.

 

I had a meeting with my manager on Monday who has basically said the choices are a) I leave or b) I go on to SSP and just stay off.

 

Is there anyone who can give me some advice please? Do I have any rights under the DDA? I feel at a loss and scared stiff that in 4 weeks time I will go from earning £2300 per month to £79 SSP per week.

Link to post
Share on other sites

Welcome to the site.

Not sure of the answer personally,but I am sure someone will be along who can answer soon.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hello there, what a tough time you're having. I think I said on your other thread that some employers have insurances to cover employees who are off sick. Does your employee handbook say anything about that?

 

I think I also mentioned checking out your credit cards and mortgage cover. When I was first ill, part of my credit card payment was taken care of and I had a policy alongside the mortgage that paid out for illness or redundancy.

 

Don't leave, I don't think that will help anything.

 

I hope we can think of some other angles for you.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi Oakmoss

 

Did the employer know of your previous bouts of depression? What was the reason for insisting that you teach a class that you were not qualified to teach? Did you complain about the aggression at the time? if you did what did your employer do about that complaint?

 

The DDA is quite complex and sometimes is in conflict with other legislation, we need to be clear as to what the employer knew about you and you condition and then did some overt act that prejudiced you.

 

I think there are other options for you though and one is to return to work asking for adjustments to the work pattern, but let's not get ahead of ourselves.

Link to post
Share on other sites

Hi

 

Yes, employer knew I had depression.

 

They just told me I would be alright doing the course. The aggression was witnessed by another consultant who was there doing a routine check ride on me and also there was another consultant teaching a different group in the same place. No complaint was made to the client as they are one of the biggest my company has. Changes were made to the business but little done to help me apart from a half baked apology and a 'we all have bad courses' (believe me this was much much worse than simply a bad day). They sent me out with other consultants for a couple of weeks to sit in but apart from that nothing at all. Then I was expected to jump back in and get on with it. Thats when I broke.

Link to post
Share on other sites

The fact that you have had a long period of illness MAY afford you some protection under the DDA but the DDA and the Codes of Practice written by the EHRC states that the impairment must also affect daily living........

 

The test of whether an impairment affects normal day-to-day activities is whether it affects one of the broad categories of capacity listed in Schedule 1 to the Act.

They are:

■ mobility

■ manual dexterity

■ physical co-ordination

■ continence

■ ability to lift, carry or otherwise move

everyday objects

■ speech, hearing or eyesight

■ memory or ability to concentrate, learn or

understand, or

■ perception of the risk of physical danger.

 

So, were any of these pertinent BEFORE the 4 day course? If not are any of them pertinent now?

 

 

Did you raise any objection to doing this course if so what did you say? I don't think I was asking if a complaint to the client was made but to YOUR employer? If so what was said to you? I am trying to establish if the employer knew of the problems and did nothing or little about it.

Link to post
Share on other sites

My depression certainly does affect daily living.

 

I told them before the course that I couldnt do it as I wasnt qualified. They just told me it would be alright.

 

Afterwards I put all my concerns in writing to my employer.

 

Their response was to put me out with my colleagues for a few weeks to regain my confidence and then to get on with it.

Link to post
Share on other sites

I think that we are becoming bogged down on treating this as one issue when there are actually two issues. If the OP is off sick, the are entitled to contractual sick pay, and when that runs out, to SSP. That's an absolute position - whether the OP has a disability or not isn't relevant. So once the contractual sick pay has run out then SSP becomes the operable payment.

 

Whether or not the employer has breached the DDA in expecting the OP to reach this class, and whether or not the have potentially breached health and safety duty of care, is a very different issue. I suspect not, and even if they have, I suspect there will not be sufficient evidence to demonstrate a personal injury, since even the OP has said that his current depression is only partly arising from this work based problem, and that there are other contributing factors in his/her personal life that are part of the picture.

 

What is clear is that the OP should not resign (standard advice - never resign!), since there is no financial benefit in doing so, and it is then down to the employer to make the next move - which may or may not be legally correct. In otherw ords, let the employer make the running, because things can't really get any worse if the OP is fairly dismissed on capability grounds; they may get better if the OP can return to work; and the worst case scenario is that the stay they same as they are.

  • Haha 1
Link to post
Share on other sites

I think SarEl is absolutely right. You should listen carefully as she gives a legal opinion based on the facts that you have told us. On the limited information that we obtain on the forum it is very difficult to separate the reality of what the OP's actually state and what we as Cagger's suspect may be the case. Even SarEl 'suspects' things as you can see from her reply.

 

SarEl focuses of the contractual and SSP issues and also gives an opinion based thus far on what you have said as to whether any action under the DDA or a Personal Injury action would be successful. Those issues and the evidence to support them may or may not be there in fact but they are not there thus far in the information that we have been told by you. You need to elaborate much more giving detailed information / dates etc

 

You quite rightly are really scared about the future and the loss of income and seek advice. I think it may be helpful if you can identify what you want out of this ie how you feel about going back to work for this employer or whether you are just looking at the most efficient way to leave. I suppose I am saying is what is it that you think should be happening? I know it is difficult but you need to have a goal in mind and if that means resorting to a legal remedy you need to have the evidence. That evidence may yet be in the future actions of your employer and how they react to requests and information that you have yet to give too. These situations are often fluid and reactive.

 

I do wonder if you have been given enough support after this incident and whether submitting a grievance is a worthwhile option. This may aggravate the situation though. I wonder what SarEl and other Cagger's think on this?

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...