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    • Please bear with me here i shall try and make this short but with all the detail, but i need help ASAP as there is limited time allowed for this process. I have been with my company 4 years and have advanced through the technical ranks to my current position,  we have an annual report which goes from 0-4 and for three years i have never scored lower than a 3. I was promoted to the role i am in now as an area quality assurance lead and the location was for the NE ( i live in the NW) eventually a similar role became available for another role in the NW. I asked my line manager if he minded me applying for it and he had no issues, i applied sat the multi stage interview and was given the role. My role is now classed as "at risk" of redundancy as we are moving from 4 regions to two which means they are also moving from 4 roles to two roles in my position. Two people are considered safe and myself and another at risk, my question is what is the criteria to separate safe from at risk . In the documentation received from my company it is below, i have zero issues and i know cv against cv mine wins, i was even selected by the company as a company mentor because of my experience in engineering and leadership. This is a closed group of maybe ten people and i am the only non senior executive included.    ·         Performance and Behaviour : I have zero behaviour issues, no issues with performance from my current line manager.  ·         Performance Improvement/ Disciplinary Records   : Zero disciplinary's and no performance issues, in fact my line manager on record has said I'm forthcoming ·         End Of Year Rating : Issues explained below Now my line manager was leaving the company and he did tell me "there was some politics involved with you getting that role, the city build manager and head of area build had promised it to their lead engineer (something they had no right to promise as it has to go though the process ) anyway from day 1 it became very clear that i would not be accepted for this reason within their community although i did just try to help them achieve quality and specification as that was my role. After a few weeks it became very apparent as to why the role had been promised to their man, i found issues where properties had been signed off as ready to accept subscribers when they were not ready (for bonus and stat reasons) and several quality issues i discovered which we could remedy and improve our productivity (unfortunately this would highlight that these issues had been there and not dealt with) My new head of area build (part of this trilogy of him, city build manager and lead engineer)  clearly did not want me there (for the reasons stated) but paid lip service, i had highlighted that i needed to walk off some structured with our canter of excellence counterparts ( as this was part of my role to link in with them for national issues) and he responded by saying i am not to walk them off, and that we have sufficient engineers to do that task (by saying this he could make sure that the engineers would take them round to structures that are A not the ones i have highlighted, and B would have very minor issues) This battle went back and forth over the months where i tried my best to build up the relationship with  them, my attitude was ok you have made some mistakes here, but we are all a team and even though you have hidden issues i can help you remedy them and hopefully we can do so and keep them off the radar,  but they just never did, So moving forward to October last year (2023) this is getting near to annual review time, now i had helped the company out massively by working a substantial amount of weekends and nights to fix issues, and i said i would take most of the time as TOIL ( as agreed with by my previous head of area build) this was 30 days. My current head of area build said i needed to put my leave in as it had been flagged as having a large amount. When i did input the leave (it would result in me taking all of December off) he was unhappy with me and was extremely curt in his responses as he could find nothing on the system for my TOIL , i explained the situation, my line manager would ask if i could work the hours, i would, and when i wanted leave he would authorise (we had an good working relationship, he was an excellent manager) he ended up going to HR to ask their advice and a teams call was set up with myself, head of area build and HR, it was confirmed by HR that it was a company error, when you want to input TOIL there should be a dropdown option in the leave menu and one of the options would be TOIL, this had not been setup on mine. So the company authorised the leave explaining that this should have been done and hadn't, i did say that this is the way it had always been and pretty much everyone on my team then operated this way, TOIL had never been discussed and none of had this option available. So i entered my leave from 4th December - 2nd January,  My line manager was an outside contractor and was leaving the company on the 15th December. On my return i found that we had a new head of area build, it would be a temporary position as they were not going to fill the position permanently and he would be covering his role (Scotland) and this role (NW). I contacted him to say that i had not received my end of year report yet and when would this happen as i had not sat with my line manager tor mine. A little over a week later my HoAB and i had a teams call, it was a introduction meeting and end of year report, he said that he had received feedback from the outgoing manager and he had given me a 2 (i have as explained before never scored lower than a 3) he asked hoe long i had been in the current role (just over a year) as this grade can mean you are new to the role and need a little supervision, haven't built up relationships with stakeholders etc. So he explained what my grade and bonus would be and if i had any feedback, i explained that this was unfair, i had proof that i had not met my targets (i say targets as there were never really any set, but going from emails and conversation we have had, and the job description) i had even created Powerpoint presentations which were very complex into how our network works from beginning to end  as there was distinct lack of knowledge here and i am a lead trainer / assessor (this btw he was extremely impressed with) He did say he had spoken to people in the centre of excellence which o believe was the head of operations, and he did look confused as to the disparity in feedback from them and the original manager that wrote my report. I contacted HR to raising my concerns that i had not sat with my line manager to go through my report,  had i had the chance to do so, i could have rebutted anything said as i had proof of my achievements even though he had set no defined targets, i could prove that i had been extremely active in identifying and remedying issues, HR did come back to me and these are their comments  1) "Your rating was submitted by your manager at the time xxx xxxxxx and he should have carried out an EOY review with you. The rating would not have been provided in this review but feedback should have been shared" [this never happened] 2)  Initial ratings where then discussed and reviewed during a calibration process (for your team) this will have included HOABs and RDs. During this session ratings can be challenged and changed. I can confirm that your rating was not changed as a result of this session and it remained at the rating that xxx submitted. 3) xxx did provide thorough feedback to xxx xxx in a handover so if not already done so it may be worth speaking with him to understand that feedback further.   4) In terms of reputation and the concern you share – ratings are not made public and are private to each individual. 5) And this first line obviously is incorrect " As far as i can see this would be the only separator they could have measured me on to separate safe from not safe, and if so the company did not follow its own procedure. My current line manager said " an error had occurred as you had not received the option to  sir with your manager for your review, and the company needs to make sure this error does not happen again) Well then they are admitting there was an issue and it needs remedying not sweeping under the carpet. All of this is documented. To remind the rating of a 2 is not a concerning grade. Please see descriptor below Generally, needs little supervision but does on occasion require direction/supervision. Does not always anticipate changes to the work environment and could adapt more quickly. May be seen as a strong performer in certain situations or by some audiences but may not perform at that level in all situations. May need some development or guidance to carry out some elements of role. May not consistently demonstrate the right behaviours. May have been on Performance Improvement during the year but has since shown strong improvement        
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Cabot


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Yes I did, in May 2010, their response was:-

 

 

Dear Mr ******,

 

Thank you for your recent email.

 

Please confirm what it is you are disputing on this account.

 

We look forward to hearig from you.

 

Yours sincerely

Cabot

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Time to remind them of their obligations I think.

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did you check the date the pdf file was created on?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

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You could also reply that upon receipt of their 4/5 year overdue assignment you will then be looking for a copy of the signed agreement(as Brig states put them in dispute) as well.

 

You have the Assignment letter from Cap1(suspect) check the dates,also did Cap1 put the Account in Default prior to the purported date of their Assignment?

 

Cabot in their email are not giving you the actual date of the Assignment,just the date they are supposed to have posted the letter,check this upon receipt

 

Regards FS

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if that letter of assignment was a copy of the letter sent to you in 2006 then it still doesnt explain why your address does not appear on it. as looking at the pdf you have posted up i can not see any trace of yourself editing out the address prior to posting it up here.

 

any assignment would contain your address on it

 

by the way capital ones logo in 2006 was this

 

images?q=tbn:ANd9GcQ2d9SEwDr9eowecc65CEsE6QCCakFkJ1O6WEG__qOmpjGC7JILAw

 

interesting piece confirming the logo on the pdf was not used till 2008 souce: http://en.wikipedia.org/wiki/Capital_One

 

The UK headquarters of Capital One is in Nottingham Trent House, Station Street, England. In 2008 they made several hundred redundancies, This was due to the "Credit Crunch" or better known as the recession, 750 employees were informed in April 2008 and by December 2008 750 employees left the doors for the last time. Capital One Uk then began to outsource their work load to third party companies for cheaper costs, and having implemented new computer software and a new face look (New Brand Logo) would make you assume that they cut those 750 initial jobs to cover the costs.
So proof that that is not a copy of the original notice of assignment sent to you in 2006 Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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Lol well i heard their is a lot of former HFO employees down at the job centre this morning desperately looking for new jobs hehehehe.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Lol well i heard their is a lot of former HFO employees down at the job centre this morning desperately looking for new jobs hehehehe.

Well. A number could find themselves in unexpectedly changed financial circumstances and on the other side of the fence...what goes around, comes around folks :whoo:

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Totally agree with you there DB - definitely time to complain to the OFT.

 

Now what smart alec reply can we come up with to their last email.

 

Urm

 

Thanks you for your last email, you are correct your email certainly clarified issues surrounding the notice of assignment as being the following:

 

1 - No Address on the notice of assign, prove that no copy was sent to myself, as it would have my address on it if it was. Also the document is required to be dated which it is not.

2 - No Notice was really every sent to me in 2006 as you claimed

3 - The logo in the supposed copy of the 2006 Notice of Assignment that you emailed to me, contains the new logo for capital one that replaced the old logo in 2008. There the document you refer to as a dated 2006 carries a 2008 brand logo.

 

Given the above it is clear to me that the document you provided is not a copy of the original notice of assignment but a balant attempting to mislead me in order to make a financial gain from me, which is nothing short of fraud by deception.

 

Also please explain what has changed since MAY 2010 and NOW as i still have not receieved from yourselves a VALID CCA as per my request in MAY 2010 for which you responded by informing myself that you had no CCA for the alleged account.

 

Yours Sincerely

 

Stick it up your backside.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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Well. A number could find themselves in unexpectedly changed financial circumstances and on the other side of the fence...what goes around, comes around folks :whoo:

 

Hmmm i predict a rush of unqualified former debt adviser's that robbed from the poor, trying to come here and seek our help and advice for their own debts now lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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I wonder if the ex employees will come to CAG with moans about their

nasty ex employer.:jaw:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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I didn't realise I hadn't noticed any plaintive sob stories.:madgrin:

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Please Consider making a donation to keep this site running!

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Some of them, like Bart123 and Lop, are here already!

 

Where where where???? Point me to them lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Just to add to cabots photoshop skills, I received a REPRESENTATION of my NoA! They used Barclaycards new logo 2008 when my NoA was dated 2005! Was Created the same date they sent it and took them 1 hour 14 minutes and 30 seconds! lol

Edited by xboxer
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Lol oh the wonders of google and acrobat readers properties tab. DCA's are so dumb that they actually think where dumb :lol:

 

Now i wonder how many CCA they have sent out with logos on that post date the CCA itself?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Just to check and NOT to hijack this thread but what is the legality of a representation of NoA? Is this a case of cabot pushing it with reconstructed CCA's being allowed? Can the account be put into dispute until a copy of the actual NoA appears?

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They are not claiming it’s a representation – they say it is a copy.

 

And no, they cannot issue a representation unless they can prove the format and content was contemporaneous and that it was posted, and state it is a facsimile. The fact that they have lied – yes, lied – about the provenance of the document puts them in a very difficult position. I would say that if they have made up the document itself to create evidence of compliance with the LoP 1925, then all their documents should be called into question, as should all their statements of ‘fact’.

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False representation of of notice of assignment which is a notice required under law of properties Act. Therefore it is a formal legal document and as such it must be accurate - So production of a falsified notice of assignment is fraudulent making the notice inaccurate, and therefore does not validate ownership. Which means without an accurate notice of assignment validating their ownership they have no rights to collect on the account.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Michael Woodburn signed that letter. He is now Cap One’s Vice President and UK Chief Operating Officer.

 

I think you should contact him and ask him if he sent it, pointing out the improbability that he did.

 

http://www.capitalone.co.uk/aboutus/our-team.jsf

 

Try michael.woodburn @ capitalone.co.uk, removing the spaces of course.

 

I’m sure he would not like his company to be associated with such a false document.

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