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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
hollydog1

need urgent advice/ help with gross misconduct cliams

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I have been suspended from work on full pay while investigation is taken place. the company i work for was contracted to carry out a job on a business building. whilst working there I picked up 3 textile badges with the intention of asking the manager if i could buy them for my kids. As the manager was attending to other business within the property I put them in my pocket so i could ask him when he cam back to see me. It was then we had problems with the job we were doing. it all got a bit hecktic and i forgot all about the badges. The next time i remebered about them was when i got home from work, took my keys out of my pocket and they fell out. I didn`t say anything to anyone as I knew i was returning to finish the job in a few days time where i could them put them back or appolagise to the manager and explain the mistake.

unfortunately the business i was working at had a theft and asked my boss to ask his employees if they knew any thing. when asked i explained i had taken the badges from the building, and followed it up with a email to my boss explaining the mistake.

does anyone have any advice for me. i am panicing about all this. thankyou.

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ps. I don`t even know if the phone call to my boss about the theft at this business was about the badges or something else entirely, no one will say.

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Hello there, welcome to the forum and sorry to hear about your problems. I hope some other caggers will be along to comment before too long.

 

I don't know if this is relevant, but why did you leave it a few days once you realised your mistake please?

 

HB


Illegitimi non carborundum

 

 

 

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I knew i was returning to the business in a few day to complete the job + I only work 3 days a week.

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I'm afraid it is too early to really say very much to you. Obviously hindsight is a wonderful thing, so I bet you now wish you had phoned up and told them straight away. At this stage the only thing to do is to tell the truth and explain what happened, and hope that they believe you and don't take it any further. Suspension does not mean that they will, so it's perhaps best to try not to dwell on it, and hope for the best for now.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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I am going to a investigation meeting tomorrow and have been told i can take some one , but i`m not part of a union and the other employee ,was on the same job but in a diffferent part of the building and i have been told not to talk to him. the boss will lead the investigation, with his wife a chair person and his mum as note taker and witness, and there is no one else in the company left for me to take. I will just have to tell the truth and wait and see.

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Telling the truth is the best thing, I agree [less to remember, as they say]. Fingers crossed for you tomorrow. Please come back and tell us how it went, whatever happens.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thanks for your advice and your promp reply

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Hi Hollydog1

 

You really should take someone, even if it is a partner or friend. These type of things can be quite stressful and if someone not involved in it is there then they can think clearly, take notes clearly and generally detach themselves from the process. Having a note taker, noting what you said is important because the employer can write anything and that then becomes the line they take. Having your own note independently taking gives some credence to your side of the story.

 

Are these badges worth anything? What is the significance of asking the manager? Was it your manager or the other businesses manager ie who had the authority to allow the ownership to pass to you by buying them?

 

I concur with the honesty policy, seeing as you have now admitted it anyway. Try and give the impression of the busy period that caused you to forget. It is mitigation and hopefully they will see it as a minor breach.

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i am at the tribunal in 2weeks time as an employee representative with broadly the same issue(except that the theft was NOT admitted)

will advise you of outcome then

you must take someone with you

I agreewith papasmurf1cx and hope it blows over and is seen as a minor breach and not gross misconduct

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Thanks for all the replies,

An update after the investigation meeting.

I attended the investigation meeting, the boss`s wife was the impartial member who was asking the questions and his mum the witness and note taker. The boss did not attend. This was just an informal chat to ask my side of the story. I explained the silly situation asked how we could amend the problem and made apologies. I explained how busy we were on the job, re-explained the mistake as I have explained earlier in the posts. The boss`s wife then just said ok we will be in touch. Now 4 days later I am requested to attend a disciplinary meeting with the boss and a co worker as witness and note taker. The letter I received said

"

This matter is potentially gross misconduct and therefore the consequences of the disciplinary meeting may be summary dismissal (dismissal without notice or payment in lieu of notice).

You have the right to be accompanied at the meeting by a work colleague, trade union official or lay official and you will be given an opportunity to answer this allegation in full at the hearing and to put forward any mitigating circumstances that you feel should be taken into account.

"

Does anyone have any idea of what should be said or how to best approach this situation.

Thanks.

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Hi. It would appear that your employer is doing this by the book, and the notice of a disciplinary hearing certainly suggests that they intend to take some sort of action against you. This does not necessarily mean dismissal, and nobody except the employer will know whether that is what they have in mind, but I have to be honest and say that dismissal could very easily be deemed an appropriate response.

 

There is no getting away from the fact that you did remove property from a client's premises - whether there was intent or not is largely irrelevant as the company only have your explanation, and as would be a natural reaction, this could in their mind have been an excuse upon being found out. The question is whether you are believed, so this will depend on your previously good standing, the trust of your employer, and whether they feel they need to be seen to take decisive action in order to preserve the relationship and standing with the client. All you can do really is to plead and mitigate.


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