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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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klawill

Employment problems and very stressed from it

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Hello members,

 

I'm new here and would really appreciate any advice. It might even do me good if someone told me to stop whinging, so please feel free.

 

I've been going through a terrible time with my employer the NHS. I believe i have suffered years of disability discrimination and they have tried to push and push me over the edge into leaving.

 

I finally plucked up the courage to start the formal grievance process. I sent a formal letter of grievance to work over 2 months ago and they have changed the investigation manager 3 times, and i am still no closer to getting a reply.

 

Following putting the letter of grievance in over 2 months it feels like they are doing all they can to get me out of the do by intimidating me. They arranged for me to see another Occupational Health Dr and i had the most terrible experience with an occupational health him, this appointment left me distraught. I then put in a complaint about the conduct of the appointment approx 1 month ago and although they have told me they are investigating it i have had no conclusion on that complaint either. At the occupational health appointment he had my scan reports in front of him. I have at no time given permission for occupational health to access my medical records. Are occupational health allowed to access my medical records without my permission?

 

If they had asked my permission i would have said 'yes' because i have nothing to hide, it just feel like yet another violation i feel :-(

 

The most odd thing was that after the dreadful appointment with occupational health i decided to hand in my resignation. I put in my letter of resignation following submitting the letter of complaint regarding the conduct of the appointment and they asked me to withdraw it to give them an opportunity to put things right. They haven't put anything right since withdrawing my resignation, they are ignoring me, delaying the grievance procedure and they are all dishonest.

 

They clearly wanted me gone, then they asked me to withdraw my resignation and i feel at a loss.

 

Any help please?

 

 

p.s i am on long term sickness and i have been asking to go back to work.

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Hello and welcome to CAG. I'm sorry you're having a tough time.

 

I expect the guys will be along later and I'm sure they'll tell you to stop whingeing if that's what they think. :) But I hope they'll try to be tactful.

 

I'd like confirmation, but I think being victimised after filing a grievance strengthens your case.

 

What would be your ideal solution to all this please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi HB,

 

I have repeatedly raised my grievance over the years to my employer about the adjustments i needed in terms of my disability and circumstances but i nothing was ever done to help me and my job became unbearable for me to cope with and this over the years subsequently took a toll on my mental health (get the violins out!) all i ever wanted was just to do my job that i trained to do but they made it too unbearable for me to cope with. The adjustments i asked for were not huge adjustments and they might not even be considered adjustment just the basic needs which my contract said i was entitled too. So initially i wanted them just to be caring enough to implement a cple of minor things to help me to my job.

 

As the above was unsuccessful i wanted the formal letter of grievance to address all of the above, for them to take responsibility and to apologize. Naive maybe?

 

There reluctance to come to any conclusion regarding the lodge grievance and the awful treatment i have received since lodging the grievance is leaving me very stressed and upset and they are just making my disability and mental health worse by their silly game playing (violins again)

 

I have been reluctant to go down the tribunal and court route because of it being the NHS and they are already struggling financially but i am becoming increasingly bitter about it all and anger is kicking in. They have destroyed my career and i am a single parent and have a family to support. I feel like i have done all i can to resolve this informally and formally and i don't think i have been unreasonable at anytime. You think as the NHS is the caring industry that they might care for there employees but NO.

 

So i suppose i do not know what my ideal solution would be now (violins again)

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No, i couldn't afford to keep the membership going. Thanks HB

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Klawill,

 

Sorry to hear about all the trouble you have been experiencing.

 

My first suggestion to you would be to telephone the ACAS helpline and get some guidance from them on how you move the formal grievance forward.

 

If your employer really wanted to just get rid of you then you handed them a meal on a plate by giving your resignation, so the fact they asked you to withdraw it suggests they do actually want you to stay.

 

Have you spoken to the investigation manager to explain how all of this has left you feeling? Maybe if they knew the impact all of this was having on you they would behave differently. I realise having been there myself a formal grievance is a difficult process to go through, even more so because your employer appears to be dragging their feet in sorting this out.

 

So my second suggestion would be to speak to the investigation manager if you have not done so already and explain the effect this process is having on your mental health.

 

A final point of very important information, if you were to decide to take your employer to tribunal, your claim must be submitted 3 months less one day after the final act of discrimination.

 

Good luck

 

DJ

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DJ thank you so much for your reply.

 

I don't know who is going to be the new investigating manager yet. They are aware of my mental health and i have said to them that delaying this is not helping.

 

I am keen to leave any submission to the tribunal right up until i have exhausted the internal grievance procedures, which makes the 3 months time limit tricky.

 

It is all very draining :-(

 

Thanks again for your advice

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Klawill,

 

Any claim you make in the employment tribunal must be submitted within 3 months less one day of the last act of discrimination. There is no room for negotiation on this and any claim submitted after the deadline will simply be ruled out as out of time. This could well be why management are dragging their feet.

 

So very important to keep an eye on this. What was the date of the last act of discrimination that you complained about?

 

I appreciate it is very difficult, but there are some fantastic people on here who will be only too happy to help you along the way. Is important that you do not try to take this on alone.

 

DJ

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3rd of September was last act of discrimination and beginning of october was the awful occupational health appointment.

 

Feel like they are playing a horrible game with my head, not nice at all.

 

So i may need to act quickly at the end of this month, if i am no closer to getting answers from them.

 

Really appreciate your help thank you

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Hello again.

 

Just to confirm that you can start off an ET before the end of the internal proceedings, especially if you think they're dragging it out. It might even give them an incentive to get it sorted. :)

 

HB


Illegitimi non carborundum

 

 

 

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Can i not take the years of discrimination that happened before the 3rd septemeber any further? Thanks

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Thanks HB,

 

That might be a good idea i think its looking like they are not in any rush to conclude. They are leaving me with very little options.

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Is your employer's failure to make reasonable adjustments the only reason that you are still on long term sick leave?

Do your fit notes specify the adjustments needed?

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Occupational health are saying are am unable to return to work in any capacity. My GP thinks i am more than capable of doing a physically demanding role and i have been asking, but because of OH are not allowing it i have been told thay i have to continue getting a sick note from work. I asked my employer if i could get a fit to work note with adjustments but i wad told 'no' because no suitable work is available.

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Ignore what your employer says. If you and your GP believe that you could return to work with adjustments, you should get a fit note saying so (and specifying the adjustments required).

As things stand your employer(informally) and their OH say no.

You need to provide some evidence to the contrary.

 

How long have you been on long term sick?

What are the specific adjustments that you are seeking?

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