Jump to content


  • Tweets

  • Posts

    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
    • nice and ofcourse totally unlawful.   £349.50 is the usual sum RLP try and fleece out of people under some silly civil threats none of goes to the store it all goes in RLP's pocket for their next staff holiday paid for by mugs that fall for their twaddle ignore!!
  • Our picks

Moluc

Unfair Redundancy Midwife Matron

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1856 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

I have been employed as a Midwife Matron since 2003 at NHS Hospital.

Recently the hospital was going through some cuts and restructuring.

In the Maternity department, there are 3 Matrons. It was decided that only 2 Matron would be needed.

Matron A, decided to hand in resignation and resigned her position.

Now there are 2 Matrons left.

It was also decided that all Matrons (previously 3, now 2) should re-apply for their positions (this was before Matron A resigned)

Anyway, interview went through, I know I did very well.

Only to be told that I was not successful in securing my post, which I have been responsible for in the past 9 years, with an unblemished record (no disciplinary actions, no long term sick leave or Absence) I even represented the Hospital on Radio shows and TV interviews (when in relation to Maternity related topics)

The current head of midwifery (my boss) who only got in about a year ago was among the people that interviewed me for my position. I was informed by her that I did soooo poorly during the interview. I strongly doubt & deny that!

to cut the long story short, my job was advertised and now, one her friends from a another hospital has been given my post! Now I have been made redundant!


Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

Share this post


Link to post
Share on other sites

I went through mediation with the NHS trust and complained that I have been unfailry made redundant and dismissed.

I was informed that the NHS trusts stand firm with this decision. That the post that all Midwife Matron had to apply for had CHANGED!

I really would love to know how it has changed from my current position of Midwife Matron (In charge of Labour ward and Anti-Natal)

This is a job I had been doing successfully for the past 9 years.

I really would love for some advice here, if I stand a good chance at the ET.

Many Thanks


Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

Share this post


Link to post
Share on other sites

Were the two job roles substantially the same? How many others, not from your department, also went through a redundancy consultation process?

Share this post


Link to post
Share on other sites

The two job roles were the same.

Both positions were for Midwife Matron for the Maternity Department of this NHS Trust. no difference what so ever.

There were in total of 8 Matron positions that needed to be re-applied for, all in the name of restructuring. Out of 8 Matron Jobs available in the Trust, I was the only one who did not get their job back.

I sat through consultation process after I had been informed that I would not be retained. Reason? "did not do well at the interview stage". these were the people that interviewed me, My new Boss, the Director of Nursing and 1 independent person.

I requested for the interview notes (this took them 6 weeks to get me a copy) and could not read a single word from the Director of Nursing, who has now left the Trust.

The Independent Interviewer made good remarks about my interview and felt I understood clearly the tasks at hand, but when it came to scoring, his marks changed (it looked as if it had been corrected or altered.)

The annoying thing was that my job was advertised as vacant without me accepting the outcome of the interview. I was on holiday when my job was advertised, only to come back and find out that my post had gone to a former colleague / Friend of my Boss. Is this fair, is this allowed?


Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

Share this post


Link to post
Share on other sites

Your strongest argument would be proving the relationship between your boss and the newly appointed person. If proved, this could lead to dismissal of boss and newly appointed person as trust will want to distance it self from such accusations.

I had a similar issue and it was very difficult to prove the relationship between my boss and the person who was appointed to a more senior position even though every one else knew the facts and why he was appointed so be careful.

Share this post


Link to post
Share on other sites

This is the most difficult part.

When she became head of midwifery just over a year ago, she brought in a Consultant Midwife (another former colleague from her previous place of work) and now, the new person taking my post is another former colleague. looks like a game of chess to her. Systematically bringing in her friends. and hereby getting rid of me.


Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

Share this post


Link to post
Share on other sites

all depends on if legally other trusts/nhs areas can be part of the ringfenced posts, if not then i see a potential claim

 

If i was you my next step would be a formal grievance along the lines that there were 2 posts and 2 candidates as your colleague resigned therefore you should have been slotted into the post, don't expect them to uphold it at first but you will get a clear answer around their line of defence to making you redundant, you can then see what path to take.

Share this post


Link to post
Share on other sites
all depends on if legally other trusts/nhs areas can be part of the ringfenced posts, if not then i see a potential claim

 

If i was you my next step would be a formal grievance along the lines that there were 2 posts and 2 candidates as your colleague resigned therefore you should have been slotted into the post, don't expect them to uphold it at first but you will get a clear answer around their line of defence to making you redundant, you can then see what path to take.

 

 

 

 

 

I am considering (seriously) about legal actions.

I have been through the grievance process and all I was told was that the Post has CHANGED and based on the interview, I was not successful. during the interview, there were no HR personel or representatives. I asked them to explain to me which part of the post had changed, they could not explain to me or give me any reasons what so ever. I was told that their (NHS Trust) position stands regarding my redundancy.

 

Now, another news... I just learned that the person replacing me is a Band 7 widwife from another NHS trust. I have been a Band 8A Matron for the past 9 years. The post (My post that was readvertised) is still the SAME post. Nothing changed. not even departments. When I joined the NHS Trust, I was in charge of Community Midwife for 7 and half years, and a year and half later we had a reshuffle and I was made incharge of Labour Ward. Moral was high and every single staff under me was happy. I represented this trust on several occassions (Including TV & Radio interviews)

 

I still feel agrieved by all these. That was my post.


Moluc

S.A.R - (Subject Access Request) Letter sent to Nationwide 5th/09/06

Statement Recieved 20th/09/06

 

 

Share this post


Link to post
Share on other sites
I am considering (seriously) about legal actions.

I have been through the grievance process and all I was told was that the Post has CHANGED and based on the interview, I was not successful. during the interview, there were no HR personel or representatives. I asked them to explain to me which part of the post had changed, they could not explain to me or give me any reasons what so ever. I was told that their (NHS Trust) position stands regarding my redundancy.

 

Now, another news... I just learned that the person replacing me is a Band 7 widwife from another NHS trust. I have been a Band 8A Matron for the past 9 years. The post (My post that was readvertised) is still the SAME post. Nothing changed. not even departments. When I joined the NHS Trust, I was in charge of Community Midwife for 7 and half years, and a year and half later we had a reshuffle and I was made incharge of Labour Ward. Moral was high and every single staff under me was happy. I represented this trust on several occassions (Including TV & Radio interviews)

 

I still feel agrieved by all these. That was my post.

 

Hi

I think I know this story far too well for it not to be my trust. It's interesting and if you are whom I think you are then you are correct this whole thing was totally biased. Today, interviews were held for a senior post and someone was recruited from another trust. One of the applicants for that job was instead offered a position she didn't actually apply for. Moves were made of another Matron and she was given a Matron post. There were two posts one as Matron on PN and the other Labour Ward Manager. The is wife from another trust was given Labour ward manager. The other applicant who was clearly unsuccessful was offered another Matron post on community which wasn't even advertised. The existing community matron is being moved to the PN matron... Again a job I don't believe she applied for!!! To add insult to injury the Midwife who got the job which wasn't advertised and for which she didn't apply doesn't have the qualifications for the post!!!!! I'm angry that "jobs for the boys" persists as does "if your face fits".

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...