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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
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    • 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.
       
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    • 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!
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Hi everyone,

I could really do with some advice please? I have been reported to HR by my manager for using my corporate amex card for personal expenses. This does not mean that the company paid for my personal expenses - I used the card and then paid the bills myself. I know that there are many other people in the company who do this including many senior managers and my boss's boss. There is a line in the expenses policy about not using the card for personal expenses but then there is also a checkbox in the system that says 'do not reimburse - personal expense'.

 

I admit that I let it get out of hand and had quite a lot of purchases go through the card each month (this has been happening over the course of about nine months). There is currently money outstanding on the card - I have paid off a chunk and let my HRBP know that the rest will be paid off the moment I get my next pay.

 

When I first put a personal expense on the card I asked the person who is now my manager if that was something that was done at this company and she said everyone does it and that her boss put everything on hers. It was ok as long as you paid it off... I reminded her of this when she told me that she had reported me to HR but she said 'I wasn't condoning it'. However I have no doubt that she'll deny this completely if asked by HR. She's known the whole time she has been my manager that I had personal expenses on there but she waited until a few days before I left to raise it with HR.

 

I wonder if she has found that it could save her paying my redundancy out of my budget. She put me at risk of redundancy the moment she arrived and I am currently on garden leave for three months for my notice period. This manager and I were once friends before she became my manager and I'm sure there is a personal element to this because from what I have heard no-one else has been disciplined for this.

 

I could really use some help as I am scared witless. I can't afford to lose my redundancy pay, or I won't be able to pay for the degree course I have started or my bills and I can't even start looking for a new job as I don't know whether I will be on garden leave for three months or if I will have a gross misconduct dismissal on my record!

I've been asked to come in and meet our head of financial audit on monday as part of the investigation and I'm not sure how to prepare for this meeting or what to say. Can anyone give me some advice on how to defend myself? I've been stupid but I feel my boss is exploiting that to save herself my redundancy money for her budget.

 

Thank you!

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from reading what you are saying, do you still owe money on this card? I think that is where the problem is. There is a box that says do not reimburse for personal expenses so I assume others that do this are settling their "personal expenses" immediately therefore not carrying over a debt owed to your employers. does everyone do this, or are there others who have done what you have done ie: did not pay the whole balance off, in other words treat it as a form of "loan"

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Hi and thanks for the reply. This is the first time I have not paid off the card fully. I had in the past paid it off each month (a few days late once or twice but paid off). I don't know if other people have done that too but I can't imagine I am the first person in the company to pay it a little late (it will be 17 days late by the time I pay it completely) . I know that I pay any late charges rather than the company?

Does this make a difference to how they are likely to judge me for this? :!:

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I am not an expert in this but I would assume that if it can be proved that others have not paid the full balance, management knew about it then it would strengthen your case, you also need to look at your contract of employment to see if this is covered.

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Thanks, the subject isn't dealt with anywhere in the employment contract - just the one line in the expenses policy that says it shouldn't be used.

I am trying to get a loan to pay it off asap but the only loan I can get is from a finance company with stupid rates on interest. I'm scared that if I get one of tose and then get fired I won't have the money to pay it off then I'll be facing loan shark collectors.

I'm not sure which is worse leaving it till I am paid or risking the loanshark option? Does anyone have any experience with pounds to pocket or maxcroft?

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I would advise going to any of these loan companies, you will find many threads about the problems experienced when borrowing money in desperation. You without doubt owe them the money and they will ask for it back paying it back does not make the actions in the past dissapear. If I was you keep calm there are more experienced people here who can advise you the best way forward.

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OK, I've also just been told by a friend of her experiences with loan sharks so I guess I won't go down that route....I'm just going a bit mad with the not knowing and the inaction!? Thanks for the replies though :-)

Oh well, turns out some of my marketing knowledge is useful to people on here so I'll see if I can make myself useful to distract myself :-P

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Hopefully they will be reasonable about the situation, but if you could pay it off before your meeting, it may help. Although you may pay it up in full, would the company be incurring any interest charges when it is paid late? If so, they may be entitled to claim this back off you. I am not sure whether you should volunteer to do this at the meeting or not, but hopefully someone else will be able to advise better. Unfortunately as you signed the T & Cs they could be nasty and look on this as a type of fraud so be careful how you tread, but if you are able to demonstrate that in the past you have always paid off the card, thsi may be difficult to prove as ther was no criminal intention.

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Thanks for your reply. I'm pretty sure they don't get charged interest but I'd be happy to pay that if they did. The HR person did mention that they were deciding how to proceed with this and whether it should be treated as a disciplinary matter or a fraud matter. :-(

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I think that your problem here is that you cannot prove that others do it. Knowing it and evidencing it are different. Your conditions on the use of the card are quite clear, and it doesn't help if you have either made late payments or not paid off part of it. I agree with Surfer - I would offer to make any payments owed. Since you have ( ihope this is correct) always ticked the box about personal use when it was for personal use, then I think it would be hard to prove criminal intent. The problem is that employment law doesn't require criminal intent to find you guilty - only that you have done something which you contractually should not have done. I am very sorry, I really am, but unless you can prove that others have done this, and unless you can prove that the employer has condoned it (not disciplined people when they knew it was happening), then I am afraid that it is within the bounds of possibility that they may dismiss, and that would mean that you would loose your redundancy payment. I realise that you have no money now, but if you have any insurance that has legal cover, I would strongly recommend getting legal advice, although I fear they may not be able to help you. Other than that, all I can advise is the truth and grovelling. It may seem a bit trite - but grovelling has been known to work, and they may take pity on you. Given the circumstances, you have nothing to loose. Again, I am sorry - this is pretty dreadful for you, and I wish I could come up with a better strategy.

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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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Oh god, thanks for your advice even if it is grim. I have offered to HR to pay it all back and I have always ticked the box to say it is personal. The only things I ever charged to the company were always pre-approved by my manager so hopefully they will see that at least. Believe me, I will apologise at the meeting - I have already apologised to the HR partner who has been handling this and let her know that I was always intending to pay it asap.

 

I am a bit confused though as called the ACAS helpline this afternoon and they told me that it is up to the employer to prove that no-one else does it and that anyone else doing this is also disciplined in the same way...I wondered if that was a bit too good to be true but it does feel like I am being singled out because my manager would like to save money.

 

Unfortunately I can't really ask any of the other people who I know do this to admit to it or they may end up in as much trouble as me. I wish i had a witness to my now manager telling me it was fine but of course I don't. Would it help if I put that in a statuatory declaration?

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I am afarid that civil law and employment law are very different - swearing something is true doesn't mean the employer has to believe it. And I am afriaid that ACAS advice is not what it once was. The employer only has to prove that the dismissal (if it comes to that - it may not) of you is fair and proportionate. Whilst they do have to be consistant, they do not have to prove that they are. If they say "We have a rule, and we expect our staff to abide by it, and to our knowledge they do" , a tribunal is not going to call them a bunch of liars! Even if they are! There must be some basis for a tribunal to disbelieve them, and that would require evidence from you for them to question it. After all, if you consdier this objectively (which I am sure you don't feel much like doing) if that was a defence, everyone would use it - "Well everyone steals money from the petty cash tin and they don't sack them". So if you could demonstrate that the employer knows someone else does the same thing and does nothing, you would be in with a chance - but it's a tall order given that you have no right to anyone elses records! It is the sort of thing that a disciplinary panel can listen to and decide on - but they have to be in the frame of mind to do so. There's unfortunately no way of making them.

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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'll try toes as well, although I'm afraid I might fall over! I hope it works out for you. I do think this is a bummer - I keep trying to avoid using the word "unfair" because what is fair in the world and what it is in law are so totally different as to be from other planets! Good luck.

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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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