Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Employment Tribunal - employers trying to add evidence after deadline.


Please note that this topic has not had any new posts for the last 2865 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there fellow CAGgers,

 

Some really quick advice would be appreciated from any of you that have knowledge or experience of the following.

 

I am going through an ET regarding disability discrimination that I was subjected to from my line manager(who now, strangely, has been made redundant :o?).

 

We are past the deadline from bundle collation as I've asked my employers on numerous occasions for a document that is crucial to the case - I've been told that the Companies archive system is difficult to use and they can't find it! I've persisted regardless as I am suspicious why they couldn't recover this.

 

Anyway, as far as I was concerned, everything was in order apart from this BUT this morning their legal eagle has sent through an amended bundle with new evidence that they have added which I do not agree they should use at this late stage.

 

What can I do as I feel they are being very trixy?

Link to post
Share on other sites

Hi there,

 

I cant really advise as I dont know the proper proceedure all I can advise is that if you havent got all the info you need for a full and equitable hearing put in a subject access request as soon as possible. And bring up the fact that the respondent has not disclosed all the necessary information to the judge if you get to the hearing without your vital piece of evidence.

 

As to the respondent putting in new info I think the deadline is 7 days before the hearing however i am probably wrong, can someone else on here advise accordingly.

 

All I can say is make sure you have full disclosure and if not point this out and could be useful at a later stage if you cant get what you need before the ET hearing.

 

best of luck and merry crimbo

 

BB

Link to post
Share on other sites

I've spoke about this with the legal advice team in work. I was told the magistrates are super strict on those deadlines but the employment tribunal are not. They probably will be allowed to submit late. Sort of defeats the purpose of having those rules in place but there we are.

Link to post
Share on other sites

SuperJon, if you do not agree that a document they ave included should be in the bundle, you can request that it be put in a separate "disputed documents" bundle. This can then be argued in front of the tribunal before the case starts as to whether the document should be permitted. For example, it might be legally privileged. Simply saying that it was "late", probably would not be an adequate argument.

Link to post
Share on other sites
SuperJon, if you do not agree that a document they ave included should be in the bundle, you can request that it be put in a separate "disputed documents" bundle. This can then be argued in front of the tribunal before the case starts as to whether the document should be permitted. For example, it might be legally privileged. Simply saying that it was "late", probably would not be an adequate argument.

 

Thanks everyone - I think I will ask them to do this and put this in a disputed bundle but, as it came in so late(on the day witness statements were due), I've had to change mine to take account of this evidence and I don't want to get the can for this by the Tribunal Judge. Should I at least tell the Tribunal Office that this has happened and explain upfront why my witness statement is now late?

Link to post
Share on other sites
The parties are under an obligation of continuing disclosure, so they have behaved correctly.

 

Hi Becky

 

I refer to your point the duty of ongoing disclosure....what happens if the Respondents do the opposite and do not comply with this duty of disclosure and withold evidence which materially and adversely affects their own case?

 

Kregards

 

BB

Link to post
Share on other sites
Hi Becky

 

I refer to your point the duty of ongoing disclosure....what happens if the Respondents do the opposite and do not comply with this duty of disclosure and withold evidence which materially and adversely affects their own case?

 

Kregards

 

BB

 

Then you apply to the Tribunal for an Order for specific disclosure. If it comes out in evidence they have withheld documents, the tribunal holds an incredibly dim view on this, so worth making an application beforehand.

Link to post
Share on other sites

Ah,

 

this is reassuring with hindsight, next thing is what if it comes out in evidence AFTER the tribunal that the Respondent has witheld documents and there is still time for appeal. Do tribunals then take a dim view on the claimant for not having sought specific disclosure in the first instance?

 

Kregards

 

BB

Link to post
Share on other sites

The honest answer is I don't know - I've never come across that before. If you were initially unreprssented (although from memory I think you had a solicitor?) then they are usually more lenient.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...