Jump to content


  • Tweets

  • Posts

    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Problem with sick pay - filing a grievance


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3639 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

 

I have a problem with my left foot which is being investigated by my Doctor, I have to have x-rays to establish if I have a Fracture or another problem.

My doctor has not signed me off work and I have told my employer that I can drive or walk fine, however my employer has decided that I am sick and unable to work until I can prove otherwise.

They have told me I'm to stay off sick but this is something which I really cannot do as I don't get sick pay and have a family to support.

Where do I stand with this? Can they determine I'm unfit for work even though I've seen a Doctor and he didn't think it necessary to sign me off, or are they making their own rules up and have no right to insist I stay off sick?

All this was decided by my manager last night at 6pm so it was too late for me to speak to HR or get back to the Docs for a fit for work certificate and as I'm due to work today I'm already missing out on a days pay.

 

 

Thanks for any advise

Link to post
Share on other sites

What they are describing is actually a period of medical suspension. If they are telling you not to work despite you being fit to do so (in your GPs opinion) then you should be paid in full for your normal working hours.

 

I would point this out via email (so you have a paper trail) and then raise a formal grievance if they don't pay you. Ultimately you could then take them to Tribunal for unpaid wages.

Link to post
Share on other sites

Thank you, I went to my GP yesterday, he gave me neither a Sick note or a fit note, he doesn't recommend I walk but hasn't forbidden me from doing so. I pointed out to my employer that I can drive and I can walk with medication but she has still taken this course of action and is insisting that I don't work until I get a "fit" note from my GP.

Link to post
Share on other sites

Being pragmatic I'd go back to the GP and pay the few quid to get a fit note issued. It'll be fastest.

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

Link to post
Share on other sites

Wait till monday and get it backdated.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Thanks for your replies.

Well I got a note from the Doc today stating that I'm fit to work.

I have emailed my manager 3 times now, stressing that I want her response in writing, which she still hasn't given.

I have outlined that as she suspended me I am entitled to full pay, but when I spoke to her on the phone she said I will need to do a return to work interview tomorrow, to which I asked why would I have to do that when I didn't sign myself of sick and never wanted the time off in the first place! I then verbally pointed out to her that I want it in writing from her that I will be getting paid for these two days, to which she started stuttering - errrr okay. As of yet I've still not received any written correspondence from her.

 

 

What should I do now if she keeps ignoring my requests for her reasons in writing for this whole ridiculous debacle? Should I escalate to HR?

 

 

Thanks

Link to post
Share on other sites

Hi,

 

 

I have badly injured my left foot and can barely walk at the moment. I had an accident about 7 months ago where I came off of a Scooter. I have stated to my manager that I am okay to walk but I have two problems with the riding the Scooter, 1, my foot will not support the weight and 2, I am scared of riding the scooter.

My manager is claiming that the company paid for my CBT and that as I have been riding the scooter it has become "working practise" and that I have to continue to do so. My contract does not state that I have to ride a scooter at all, it also does not state that I have to reimburse any costs of training if I don't ride the scooter. This is causing me considerable distress and I am raising a grievance against my manager but I need to know where I stand with all this before I proceed.

Any help will be gratefully received.

Thanks

Link to post
Share on other sites

is there anything at all in your contract about repaying training costs?

 

has your doctor issued a fit note to say you cannot ride the scooter?

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

Link to post
Share on other sites

My doctor issued a fit note stating I can walk. That is all I asked for as I already advised work I cannot ride the scooter.

I have never signed anything stating that I have to reimburse any additional training costs.

Link to post
Share on other sites

If you have nothing in your contract about training costs, then they cannot reclaim them.

 

If however your fit note does not state you cannot ride the scooter, then your manager is correct to ask you to ride it.

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

Link to post
Share on other sites

  • 4 months later...

Hi,

 

 

I have a grievance coming up against my manager regarding incompetence and screwing up my life, in short I wasn't advised that My sick pay was ending and I wasn't advised regarding payments during a phased returned to work, it now appears that I have been overpaid as well and will have to pay this money back.

The person that is hearing the grievance is my managers line manager and I don't think that he will be fair and impartial, I believe that he is also a witness to the lack of communication that occurred in a meeting with my manager.

Do I have to allow this person to chair the grievance and appeal when the inevitable happens or can I ask for another manager from a different contract hear my grievance?

Thanks for reading.

Link to post
Share on other sites

Hi,

 

 

I have been off sick for 2 months - a work related injury that I will be trying to claim compensation for via an Injury lawyer.

In the meantime I have a problem with my pay and the problem stems from this.

I was signed off work on the 3rd April 2014 and returned on the 30th May 2014. I started work for this company on 15th May 2012.

My employee handbook states that being employed from 6 month's to 2 years allows me 15 days paid sick leave and that over 2 years employment that I am entitled to 30 days paid sick leave. My 2 years service was completed whilst I was off sick.

The problem here is that my Manager is stating that I am only entitled to the 15 days paid sick leave.

Nowhere in the company handbook does it say that it has to be 2 years continuous service before the 1st sick day is taken and it doesn't say this in my contract either.

My manager is saying that the sick pay entitlement does not increase whilst currently on sick leave.

Where do I stand legally with this as the handbook is ambiguous at best regarding this issue?

Link to post
Share on other sites

Does the handbook say sick pay is discretionary?

 

Are you a union member?

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

Link to post
Share on other sites

At a guess I would argue that that the entitlement is based on two years continual service

 

Being sick still counts as continuous service thus at the point your continuous service was completed you should gain the extra entitlement. That is how I interpret things.

 

I would maybe wait to see what others say and then raise a grievance. Point out also that it is an accident at work (and if you were not culperable) that they have a duty to mitigate losses to you *AND* them.

 

this link may be of use to you

 

https://www.gov.uk/continuous-employment-what-it-is

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

It being a work related injury is neither here nor there, you have a separate claim for that.

 

The wording is open to interpretation definitely. Is it a big company? If not, there may be no precedent. If yes, get a second opinion from HR?

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

Link to post
Share on other sites

It being a work related injury is neither here nor there, you have a separate claim for that.

 

The wording is open to interpretation definitely. Is it a big company? If not, there may be no precedent. If yes, get a second opinion from HR?

 

 

 

I would love to get a 2nd opinion from HR but my manager is not giving me an HR contact to talk to and there are no contact numbers for them in the handbook or on the intranet.

Link to post
Share on other sites

If you find money becoming tight during the "no win no fee" claim process, I draw this to your attention

 

[commercial link removed]

 

You might want to suggest to your legal adviser to investigate if this will be relevant to your case.

Edited by honeybee13

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...