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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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angrycrow

employers support during long term absence

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I am after advice on what I should expect from my employer and what they should expect from me.

 

I do not wish to name my employer or the occupational health provider as anyone at my employers who may come across this forum would easily be able to identify who I am and I wish to avoid aggravating the situation by bringing the name of my employer into disrepute.

 

The basics of the issue are that approximately three months ago I was the victim of a road rage attack that left me with damage to my sight in one eye. Part of the damage is permanent but is unlikely to cause serious long term issues with work and the remaining damage should in theory settle although it is currently not responding to treatment and is preventing me working.

 

I was off work initially for a few weeks and then decided I did not like being off and wanted to return so I could establish a sense of normality after the attack. Before returning I voluntarily went into work and met with my manager to request a few simple adjustments were made to enable me to return. These were simply things such as adjustment to light level at my desk and extra breaks from screen use. It should be noted we are a paper less office so screen work makes up 100% of my work for 7-8 hours a day. It was agreed that these adjustments were reasonable and would be put in place. During this meeting I was told that my portfolio of work had been kept up to date in my absence.

 

I returned the following week at the agreed time to find the adjustments had not been made and my work had been very badly managed in my absence resulting in me having to spend two days just sorting out the mess that had been made of my work. I was mostly ignored by my manager for the first 24 hours then he approached me to advise that they were still in discussion with HR about making the adjustments. A few days later I was informed they would only make adjustments if instructed to do so by my gp in writing. At the same time they pushed my work back up to the full level I had been doing before the attack making it impossible to keep up with my work whilst working at a reduced capacity caused by my injury.

 

The next day I contact my GP and booked the next available appointment, which was a week away. Working without the required adjustments had by this time caused my vision to deteriorate to a point where I could not use a screen for more than an hour. I again approached the management to request the adjustments be made now with the GP letter to follow. At this point I was told that as the attack happened outside of work what did I expect work to do for me. I was also told that it was a high-pressure job and if I could not cope I should go home. I again stated I did not wish to take time off and that with reasonable adjustments I could try and continue working. The management again refused to make adjustments and ordered me to self certificate sick leave until my doctors appointment.

 

After leaving the office I contacted the HR department directly and explained the situation and requested that they speak with the local management to establish what could be done in assisting me back to work. They subsequently involved an outside occupational health company who contacted me for consent forms to obtain my medical records. I returned these forms a month ago but I have heard nothing further from HR or occupational health and when I tried to contact Occupational Health directly they refused to speak to me.

 

When I attended my GP I was signed off and referred back to the eye hospital for further treatment. Now two months later there is no change as the eye hospital are trying to establish the full extent of the damage to my eye and how best to treat it and I am still unable to work several months on.

 

I have had no contact from my employers to check on my progress or to offer any support which has left me feeling very let down and isolated. I have made a point of calling in every couple of weeks to update them and remind them that I want to work with them to find a solution to enable me to return to work as quickly as possible.

 

Whilst I am currently being paid in full under the terms of my contract this will end soon at which point I will not have sufficient funds to live on with a family to support and a mortgage to pay which is causing a great deal of worry.

 

The employer is a large company employing in excess of 10k people globally with the majority being in the UK. I have been employed by them for over a decade. In the last 6 years I had only taken 2 days off sick prior to the attack. I have never been disciplined for anything and my performance is always graded as above expected level.

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Those people who are likely able to advise will look in on you later in the day after they have finished their day jobs. :)


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1. union member?

2. any adjustments you can make yourself to help eg tinted glasses?

3. are you willing to submit a formal grievance?

 

at 10k employees they have an obligation to make reasonable adjustments and the bar for "reasonable" is quite high for them!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for the quick responses.

 

I am not a union member.

 

The main issue appears to be an increased sensitivity to bright light which causes my vision to go very blurred in one eye making it impossible to follow the text on the screen. I have tried reducing the screen brightness which helped but the main thing I requested to try and help was to turn off one light directly above my desk which would not have affected any other staff. Other people who suffer from Migraines have had this done in the past which is why the refusal came as a surprise.

 

I am activily trying to avoid a formal grievance as I still need to work with the management once the dust has settled on this incident. I have also seen from other peoples experiences that formal grievances are not handled well in the office and often result in poor treatment of the person complaining later on.

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I am afraid if you aren;t willing to complain formally, and management aren't willing to talk to you, you have very few options.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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if you main issue is the lighting then i suggest you read hsg38 (lighting at work)

 

very boring but that is the document which will help if you need to raise a grievance

 

also as you have access to a pc (by the fact of your post here) play around with the settings at home and learn how you can change the lighting and also screen colours of the software you are sat in front of (e.g outlook, word, excel etc.)

 

Then you'll know what to do at work

 

Not only may it help you resolve these issues but it shows you have not just sat back and expected your employer to sort it out for you (this is how they often see it)

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Windows has a high contract mode, which makes the screen black on white. This perhaps could make screen viewing easier. To turn this on press left ALT, left CTRL and print screen simultaneously. To turn this off, repeat the action.

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