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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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meliiii

Unfair disciplinary with redundancy looming

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Feeling so confused so apologies for this..

My boyfriend Mark has worked for a small company for over 2 1/2 years and they are currently facing financial difficulties. 2 months ago his boss suggested a 10% paycut to all 8 engineers to get them through the next few months. This was collectively agreed. One month later Mark went into work and he and another engineer were given a letter stating that they were being laid off for 3 weeks and if things hadnt picked up by then, then the redundancy process would start. With 3 young children, losing a wage for 3 weeks was scary. Mark spoke to ACAS and they said that they couldnt actually do this and suggested he not sign it. He told his manager who then called all engineers in for a meeting and 2 other engineers offered to take time off unpaid. They were told that these engineers would then not be included in any future redundancy process (although this was not stated to Mark when he was informed he was being laid off). Anyway, this evening he received a letter inviting him to a disciplinary meeting due a customer complaining about him, and also included vague comments about his attitude and unhelpfulness. It also included a line that if it was deemed to be gross misconduct he would be dismissed there and then.

He did have an informal meeting with his senior team 3 months ago about another customer's complaint, a friend of his bosses but there was no written warning. Apart from that he has never had any criticism of his work, was given a good report from a recent appraisal from the company's major contractor.

He's tried to through to acas tonight but no luck so far. He was told that one of the factors for considering redundancy would be disciplinary history, as well as geographical location (which they stated in his orginal lay off letter was a reason they were choosing him) He can bring a colleague to the disciplinary and is going to ask for details of the complaint . However I fear that he could go to a disciplinary, get a warning and even if he appeals it as it is such a small firm, with no other managers, his disciplinary would be upheld.

He doesnt have a contract, although he did ask his senior engineer about this not long after starting and was told that having a written contract would make life harder for all engineers as it could state they have to work more hours etc.

Its a horrible company and I would love him to leave and get something else but the thought of him being out of work just weeks before christmas is just gutting..

Any helpful comments would be massively appreciated.

Thanks

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Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I hope the forum guys will be along over the course of the day with advice for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I cant offer any advice on the disciplinary bit but for redundancy there are several hoops an employer has to jump through whilst selecting staff for redundancy and they have to prove that equalities legislation is adhered to so there may be something to look at when it comes to that time. With regard to his contract, his employer has broken the law by not giving him terms and conditions of service-contracts are not necessary- but he will ahve an implied contract and that is good enough to show what your duties are by basically doing the job and not other things. Ther is some mileage at a tribunal with this to get the employer a kick in the backside but not a reason to go there.

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