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    • Having reviewed my previous response, whilst the overall position remains the same, where I referred to a Default, this should have referred to the full amount falling due for payment/the demand for full payment.  I apologise for any confusion that this may have caused and have amended my explanation below to replace any reference to the Default Notice.   Our client’s records show that the last deferment date was the 24 April 2011. Once deferment ends, the agreement takes effect in accordance with the terms thereof – i.e. the monthly payments fall due.   The relevant limitation period in respect of this type of agreement is 6 years, pursuant to section 5 of the Limitation Act 1980 (‘the act’).  In respect of this type of agreement, limitation starts to accrue when the full amount owing falls due for payment, as the creditor does not have a cause of action to bring proceedings for the full amount of the claim until that time.  The full amount owing under the agreement becomes due (and the cause of action accrues) in one of two ways, namely:   1.    If the customer fails to make required payments, the creditor can serve a Default Notice pursuant to section 87 of the Consumer Credit Act 1974.  In the event that the customer does not pay the arrears in accordance with the Default Notice, the creditor can terminate the agreement.  Limitation then starts to accrue from that date; or 2.    If the agreement is not terminated due to failure to comply with a Default Notice, the full amount falls due for payment when the full term of the agreement expires.  Limitation then starts to accrue from that date.   In this case, the agreement was not terminated under the terms of a Default Notice.  The cause of action and hence, the limitation period therefore, started to accrue from the date when the term of the agreement expired.  This was a 60 month agreement.  When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016, which is when the relevant limitation period therefore, started to accrue.  Limitation would not therefore, have expired until March 2022.  As you are aware however, proceedings were issued against you in June 2019 – i.e. comfortably within the relevant limitation period.   Further to the above, even if limitation did not start to run from the date specified above (which it did) and actually started to run from the date of last deferment in 2011 as you incorrectly allege, you did make some payments in respect of the debt, the most recent of which was on the 28 March 2015 in the amount of £90.73, which was paid to Capita under a direct debit.  Pursuant to section 29(5) of the act, the relevant limitation period accrues afresh upon each part payment.  In view of that payment, even if your view of when limitation initially started to accrue was correct (which it is not), it would have accrued afresh based upon the payment and would not therefore, have expired until March 2021.  Again, as proceedings were issued in June 2019, this was comfortably within limitation.   The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Final Demand being produced on the 12 January 2017 and issued to you on the 14 January 2017 and it ultimately, becoming necessary for our client to then issue proceedings against you due to non-payment.   As such, whilst I apologise if you feel that our client deliberately delayed the cause of action in order to prolong the limitation period, I assure you that is not the case. As set out above, as the agreement was not terminated under the terms of a Default Notice, Erudio were contractually obligated to allow a 60 month period between the last deferment date and the account maturity date.  They then acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Demand in Full was issued.    I have also had sight of an email that you sent to my colleague, Richard Senior in which you requested us to confirm that we have complied with FCA regulation. Having reviewed the matter, I am satisfied that throughout our instruction we have acted in accordance with the relevant FCA regulation.
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Do I have a claim for Constructive Dismissal ?


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I have been working in a US worldwide multi national company for 15 years without a blemish or stain on my character. I am highly regarded as a professional and expert in my field, and have many accolades on my file from individuals I have assisted over the years, including one from our former General Manager.Three months ago a US HR Director came in and basically has taken charge. We don't really know him and he doesn't really know any of us. He does not consult or communicate with any of us and is making changes and decisions which affect all of us. He has already told me that I am defensive, purely because I was protective of the position I've built up over my career. Frustration and upset has been building since he came in. Last week I had a meeting with a project business manager that I have built up a very good relationship with over the past year or so. During the meeting he told me that the US HR Director had agreed to let my assistant go and support his project. I had not been privy to any such arrangement or asked if I could spare my assistant. This was the final straw and, very unprofessionally I admit, I let slip the "F" word. I apologised immediately, saying it was very unprofessional of me. The Business Manager thoroughly understood my frustration, accepted my apology and said it was understandable given the circumstances and he also apologised for telling me. Our meeting continued for a further 15 minutes or so with no further reference to the matter. 24 hours later, I was called in to the HR Directors office to be given a verbal reprimand for using foul language in front of the BM, that it was unprofessional and he would not tolerate such bad language being used by any of his staff, no matter what the circumstances, ever again. I said that I didn't think I was the only employee out of 650 who had ever let this word slip out and and he said "yes you are". Apparently the Business Manager had gone to the Project Secretary to say that he thought he'd put his foot in it and told her what I'd said. She told him to go into her boss who is a US VP and our General Manager (a Brit) was there and heard everything. I was told to be dealt with. This US HR guy made me feel like a 5 year old (I am in my early 50's)and I told him that, in 15 years, this was the first time I'd ever done anything like this and that I felt everyone had over reacted and that it in no way needed to be brought to the attention of the General Manager. I spent most of the afternoon in tears, but completed my contractual hours, and most of the weekend tied up in knots with tension, anger and frustration. I tendered my resignation on Monday, stating that I felt through the actions of others, there is now a blemish on my character and that my reputation has been sullied to the extent that I can no longer look these Managers in the eye. I could not continue with the company with the feeling that my every comment, action, behaviour was under constant scrutiny. The UK HR. Manager who was present during the reprimand did nothing to protect me or support me, and he has known me for 15 years. I told them I had my pride, which is why I'm leaving. I was speaking with my friend who does employee relations, and she thinks I may have a case for constructive dismissal. There is no Policy in our workplace against swearing which is a surprise as there is a policy for almost everything else ! Do I have to fall on my sword and bow out graciously, or have I got a case to pursue? Comments anyone please.

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Hello there, welcome to the forum.

 

Am I right in thinking that you work in the UK?

 

And my second question, would you be able to edit your post to include some paragraphs please? It's really hard to read, and you will get more replies and advice the easier it is to read. The Edit Post button is on the bottom right of what you just put on this thread.

 

My best, HB

Illegitimi non carborundum

 

 

 

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from what you say, IMO no you dont have a case for constructive dismissal, although unfortunate.

You could always withdraw your resignation?

if in UK, suggest you talk to acas they may be able to advise or a solicitor who deals in employment problems.

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On the facts given, cant see that you've got any hope of constructive dismissal - they've given you a verbal warning for swearing, which they are entitled to do, even if its not written down as a policy.

 

Retract your notice by telling them it was a rash spur of the moment decision and keep your head down for a few weeks, we're in a recession and jobs aren't easy to find, hurt pride is one thing, hurt pride and no job/money is completely different.

 

Good luck.

 

G.

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Thank you everyone for responding so quickly. I am a Brit in UK employment, however that is academic now as the consensus is that I don't have a case. I'll now concentrate my energies on getting a new job!

 

I have no wish to rescind my notice as this was the catalyst to the other things I've had to put up with over the last couple of years. I just can't play the Corporate game anymore !

 

I am fortunate in that I can afford not to work to that takes some pressure off me.

 

Thanks again.

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Thank you. Was told today by the UK HR Manager that one element of my job, which happens to be the largest portion, is going to be outsourced so I didn't need to do train anyone up. Can't believe that this decision only came about since I resigned on Monday, so I think this US HR Director had a game plan from the time he set foot on UK soil and I was in his sights all along. I shall be well out of it I think !

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