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Threatened by former employer with revised reference.


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Hi all,

 

I have an unverified debt to a former employer who is now threatening to issue a revised reference to my new employer if I don't agree terms to repay them.

 

Is this not harrassement? Apart from anything else, if I lost my current position as a result it would be self defeating as I won't be able to pay them anything without working!

 

Any views appreciated.

 

Thanks.

 

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Thinking this through further, can they issue a revised reference to an employer 2 years after leaving?

Do the debt collector rules apply to an employer when they are acting like one?

If so, is this not a deliberate attempt to embarass, which is against OFT guidelines?

I know nothing about employment law so any help appreciated.

Thanks in advamce.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Well, as far as I know any reference provided must be factual so it depends what they mean by 'revised', I suppose. If they did provide a non-factual reference you could, technically speaking, sue them.

 

Do you mean that you've been with your new employer for two years and they're talking about writing to them with this 'revised' reference? If your new employer is satisfied with your current standard of work, I doubt that they'd pay much attention unless they accused you of theft or something - and if they did that, after two years, I would say that your ex-employer would look pretty malicious.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Thanks for replying LaughingGirl.

I have been with my new employer for 2 years and I have already spoken with them about this. They are fine and it will not cause me a problem.

I am annoyed by this threat, however, (I think understandably!) and need to reply to them within 5 days. Whether what they send is factual or not, can they do this after 2 years? Never heard of this before.

Are they allowed to attempt to cause embarrasement by doing this hoping that I will pay them to stop them doing it?

All seems very childish!

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Well, in the sense that they can type a letter and send it, yes I suppose that they can. Whether they get away with doing it or not will depend on what you're prepared to do about it.

 

I agree, it does seem rather childish.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Has the threat been made in writing?

 

Have you the original written reference already?

 

If he is proposing to write a reference which is untrue then the name for this behaviour is - blackmail

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Hi

 

this PDF from ACAS may be a good read:

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi

 

this PDF from ACAS may be a good read:

 

Sorry, I'm probably being really thick but I don't get how this relates to vicarious liability? Mind you, I'm reading this as being a director of the company issuing the threat rather than an employee. I could be completely wrong.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Appreciate all the replies, thank you.

It is an employee making the threat.

There is a debt but the amount needs to be proved. (It is complicated and no point in going into it here).

I don't have a copy of the revised reference which probably hasn't been written yet.

This is attempted blackmail - agree to pay us or else.

The ACAS pdf is of interest as the employee may well have overstepped the mark.

All communication was agreed to be in writing as the former employer stated they want an audit trail, yet this was sent by email.

The 5 days is adequate time to respond by email, but not by post (even more so when I live outside of the UK).

How to respond?

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

If an employee commits a offence in the course of his employment then the employer can be held responsible. So if an employee wrote the threatening letter, and basically was in the wrong to have written it (if it were seen as for example blackmail) then the employer could be held responsible.

If I have been of any help, please click on my star and let me know, thank you.

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Yes, agree that if it's an employee making the threat it's a different ballgame. I had incorrectly assumed it was someone at senior level.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Employee is definitely not senior.

Can I openly accuse them of blackmail in a reply?

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

Can I also accuse them of deliberately threatening to cause embarrasement which is not allowed within the debt collection industry?

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites
Can I also accuse them of deliberately threatening to cause embarrasement which is not allowed within the debt collection industry?

 

Only if the organisation concerned is subject to those rules!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi

 

What you could do is write to the employer asking who authorised this employee to send such a email to yourself (attach a copy of the letter) and that all correspondence was to be in writing and that you wish this treated as a Formal Complaint due to the serious nature of the emails contents.

 

Due to the nature of the emails contents and that I was to respond within 5 days, I refute your Companies 5 days and will only respond to your company in writing and therefore will respond to the email with this letter which will obviously not reach your company within the 5 days as stated.

 

I would address the letter directly to Chief Executive/Director

 

I would not start throwing accusations at them as you will be falling into there little game remember do senior management actually know this employee sent this email.

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks to stu007 and everyone who has replied.

All very helpful as always on this site.

I will write to the Chief Exec as suggested and let the sender of the email know I have done so.

Then wait!

Thanks again.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

Hi exchange

 

I would not let the sender of the email your are actually complaining to senior management about the contents of the email all i would do is respond to the email (remember to attach a copy of that response to your complaint letter)

 

Just respond to email with:

 

Dear Sir/Madam

 

Thank you for your email correspondence but due to the nature of its contents I will only respond in writing and due to this it will exceed the stated 5 Days Limit stated in you email.

 

Therefore your company will recieve my response in writing only and any further communication with myself is to be in writing ONLY.

 

(Remember in sending the email this way you have actually responded within the 5 days)

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Share on other sites

Thanks stu007. Will do.

Appreciate your wise thoughts.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

Disputed the need for corresponding by post and wanted a reply by email. I refused and they backed down.

They have agreed to take no further action until they receive my writen response.

So far so good!

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

Hi exchange

 

well done for standing ur ground on email response they insisted on.

 

Will be interesting to see what response they give you to your written response.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Share on other sites

Thanks for your support stu007.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites

I am now composing my letter to the Chief executive but concerned about making accusations.

Any advice on how far I should go would be appreciated.

Thanks in advance.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Share on other sites

stu007, I know you said previously don't start throwing accusations around, but if I don't point out what I am concerned about, I do not give much credit to anyone to actually work out what is wrong, chief exec or anyone else!

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

Link to post
Share on other sites
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