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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        
    • Also, what is the value of the dress and have you refunded the purchaser?
    • Simon Case was at the Covid inquiry yesterday. Finally. ‘Eat out to help out’ launched without telling official in charge, Covid inquiry hears | Covid inquiry | The Guardian WWW.THEGUARDIAN.COM Simon Case, who was responsible for Covid policy at time, calls Boris Johnson’s Downing Street the ‘worst governing ever seen’  
    • I think for the moment you will have to wait for the return of the dress to you And then take some decent photographs which will show the damage very clearly. You will have to provide these to parcel to go but also you will need them as evidence for the court if that's the way this matter goes . Let us know when you get the dress and you have the photographs. It would be helpful to see the photographs here. In the meantime I suggest that you start reading as many of the stories on the subforum as you can manage in 2 or 3 days and that means quite a lot. In particular read the pinned posts at the top of the subforum which will explain the principles involved which you will probably have to use if you bring the matter to court. When you have done the reading, when you have received the dress and when you have the photographs then come back here and we can go to the next step      
    • Solid blocks of text are very difficult for people to follow and especially when they are using small screens such as telephones. This discourages people from giving you the kind of help that you need. Please will you make sure that your posts are properly spaced and punctuated in future.  I have done this one for you on this occasion
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HP Problem been fast tracked so help needed


steveoram1
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I'm currently trying to help out a mate with his HP agreement. Story as follows -: He bought a car on HP while at the same time part exing another car which was in a bit of negative equity. He wanted to keep his payments at a certain level and was told by the salesman that to do this he would have to chip in just over 4 grand which he did. 20 odd months down the line and he decides to voluntarily terminate the agreement but turns out he can't as the 4 grand is not shown on his HP agreement at all. He has proof that he paid this to the garage as he has his bank statements etc. from the time. The other strange thing is that the car which was advertised on Autotrader as being up for £22,995 is shown as £25,668 total cash price on his HP agreement. We have spoken to Autotrader and have an email from them to confirm this was the price. We have had an allocation hearing and the case has been fast tracked but we have been advised to amend the POC by the judge to better state these facts. I would appreciate any help with this.

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You need to tell us all the info on the HP agreement.

 

Car price

deposit (ie px price of car he pxed)

amount financed

any other additional extras (warranty, PPI, gap insurance etc)

interest charge

length of agreement

total amount payable

 

I suspect that the car the delaer took in part exchange has been written bacvk by £4k as otherwise the dealer would have a car thats £4k too deat on his books.. and you get no VAT relief for cars you lose mnoey on.

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Docs read as follows:

 

Cash Price 25,668

Advance Payment 0

HP Charges £4675

Credit Facility Fee A £150

Credit Facility Fee B £90

Purchase Fee £10

Total Charge For Credit £4925

 

Duration 60 Months

Total Amount Payable £30613

One Repayment Of £656.05

58 Payments of £506.05

Final Payment £606.05

APR 7.4%

 

On the invoice the car is shown as £25478

Plus Tax at £210 for 12 months RFL

 

There are no other extras, insurances etc.

 

I need to know if s.75 of CCA 1974 applies to this agreement considering the price.

What about the Misrepresentation Act.

He has the Finance Company to deal with at court not the motor dealer and we need to know the best way to amend the POC to include the price being raised.

 

Thanks in advance

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Looks like the £4000 was used to pay the negitave equity on his previous car and not as a deposit on the new car.

 

How much was the negative equity??

 

He would have to have paid just over £15000 to vt the car according to the finance doc figures which would take 30 months.

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How has he justified the increase in advertised price from 22,995 to 25,668? It isn't unusual for the "list" price of the new car to be increased to absorb the negative equity of the old car rather than take a direct payment for the negative equity, but this salesman appears to have done both!

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  • 3 weeks later...

He has already won a FOS judgement against the dealer. The FOS adjudicator concluded that the dealer "did not complete the finance proposal correctly which meant the deposit figure was not included in Mr #######'s finance agreement" The FOS also confusingly concluded that he suffered no financial loss as the total amount payable remained the same but surely this would only have been true had the agreement run full term. What prompted all of this was my mate wishing to terminate the agreement and him being told he couldn't without paying another 2 and a bit grand but if his 4 grand had have been on the agreement he would have been able to VT. All advice greatly recieved.

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£38543 owed and given £31500 so 8k shortfall. Court case rests on agreement being unenforceable due to prescribed terms being incorrect (amount and frequency of repayments) and rights to VT being curtailed to the detriment of my pal.

Edited by steveoram1
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So it looks like the extra money charged for the car £2673 and the £4000 cash was used to settle the outstanding finance.

If the shortfall was added to the amout financed he would have had to borrow an extra £6673 which would have raised the VT amount to 50% of £37266 (total amount for car) so 50% would be £18633, so he still would not have enough paid to VT.

So another £2500 to get out would be cheap.

 

Also he probably would not have got the finance through if presented like that.

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