Jump to content

  • Tweets

  • Posts

    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
    • Bookmakers use betting on political events to entice new customers, and say it is growing.View the full article
    • nope  and  neither dx
    • Ok Thank you DX will do just that . will keep you up dated.
  • 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

employer hid evidence during gross misconduct hearing

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3500 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


Start your own new thread

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



Recommended Posts

I was dismissed after a gross misconduct hearing with NHS, I appealed and lost the appeal. I applied under DPA for all information that they held about me. They sent me the same information that I had been given prior to and during the hearing.


Due to my profession the disclosing and barring service are involved. A year after my dismissal the DBS sent me papers for me to respond to. The papers were from the NHS; the papers were a copy of the report made by a seniour NHS manager for the gross misconduct hearing.


The problem I have is that the statement provided to the DBS by the NHS contains a different account that was provided to me; I have never been presented with this version from the NHS. The DBS version contains information that was taken from a meeting during 2011; however that information was initially recorded as a draft; that draft was recorded as a draft and the information was corrected during 2012


I have found a document (an email) within the DPA information that was written by a very senior NHS manager; that email talks about removing the 2011 comments as she does not want me to know about it.


The NHS managers now have two versions of a statement one that was used during the gross misconduct hearing and another provided to the DBS. The one that was used against me during the hearing has no real negative issues, but they decided not to share with me some important elements; they used this against me during the hearing but didn't bother to share so I never had a chance to explain and provide any evidence to dispute. Now the DBS have this other statement I am going round in circles not knowing what to do.



Thanks for reading I hope it makes sense

Edited by Conniff
tidied up
Link to post
Share on other sites

Hi maleabcd,



it is unclear what you are asking us to address/advise on. Could you clarify? :-)


I and my line manager were invited to a gross misconduct fact finding interview; that produced a report.

My line manager wrote a statement; both the statement and a copy of the report were disclosed to me prior to the gross misconduct hearing. which is obviously fine.

I was dismissed.


I requested under the data protection act (DPA) all information that they held about me to be sent to me. I received the documentation including a copy of the report used during the gross misconduct hearing as well as the statement from the line manager.


some time later (about a year) I received a letter from the Disclosure and barring service (DBS) this document requested I comment on the information sent from my ex employer i.e. the report and statement from my ex employer (NHS) this is were I have a problem the report and statement that was sent to the DBS is a different version to what I was given prior to and during the hearing and to the copy I received on the DPA request.


The DBS believe that the documents that they have received were the papers they used during the gross misconduct hearing.


I thought that during a gross misconduct hearing I should have been given any information that they had and secondly when I requested all papers about me under the DPA I thought they had a duty to disclose everything.


I thought that they weren't aloud to make another version after the fact and basically pretend that this other version was used during the gross misconduct hearing when it was not.


The problem is that the information that they have included in this other version is not true; they have used a piece of damming information that was recorded (wrongly) during another meeting.

hope this makes sense.

Edited by citizenB
missed somthing out
Link to post
Share on other sites

Please clarify what your objectives are here?


EG Correct the information given to DBS




Something else.


IN order to help you, people need to know what you want to achieve



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

Had this information been provided earlier, would it have affected the outcome of the hearing ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read


1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.


Link to post
Share on other sites

Hi I want the NHS to stop making up documents that were not used during the gross misconduct hearing, I have written to the.m but they refuse to answer me. Leaving the DBS believing they have accurate information when they do not. the DBS will come to a decision based on wrong evidence. I haven't thought about compensation as it is vital that the DBS have accurate accounts.

Link to post
Share on other sites

If the information had been provided I would have been able to correct some vital evidence that they believed to be true. So yes the information would have made a massive impact. Because they hid this detail from me they (the NHS) had wrong information. Basically they had a copy of some minutes (they should not of had it) from a meeting during 2011, however they did not know that I had contacted the person who made these minutes and had them changed as they agreed that they had been given wrong information, the NHS however have not updated there records and have a copy of the wrong information they just refuse to answer any letters now its in the hands of the DBS

Link to post
Share on other sites

Can you prove the data is wrong?


If so then a complaint to the information commisioner might be a way to go. BUT it depends on the type of information being sent



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

yes I can prove data is wrong. the wrong information was presented by a police officer during a meeting, the force solicitor has amended that information. It took some time but I am sure that force police solicitor would not change a document unless they agreed it was incorrect. I have a copy of an email that mentions editing the gross misconduct report and statement. I have also the copies of the original document that were sent to me. they surely cant have a statement and report that differs from the ones used during the investigation. if they had factual new information for the DBS they should have written that down as new evidence. but they have decided to re make the report and statement. My problem is that the data has been changed by one of the most senior managers within the NHS and the same person who dismissed me.

Link to post
Share on other sites

Hi I thought id try again with my question I think I over complicated the questions.



NHS dismissed me under gross misconduct. The evidence used was in a form of a report written by a senior NHS Manager; and a statement by my line manager. Both stated no concerns. But nevertheless I was dismissed. I questioned the rational during an appeal but again I also lost the hearing.



My other major problem started when the NHS manager sent another version to the DBS with damming information (I can prove it is wrong) DBS obviously believe they have correct info from NHS.



I have never been presented with this other version that the NHS have sent to the DBS; it was the DBS that showed me. So I have 3 questions:



1) how can NHS present the DBS with information as if it was used in a gross misconduct hearing when it was not; the information i.e. report and statement by my line manager presented to the DBS as if it was part of the gross misconduct hearing.



2) How can the DBS us this information



3) The NHS prior to the gross misconduct hearing have hidden this other information from me; is this legal can they do that.



I have a copy via a DPA request of all documents that the NHS hold about me; they however never disclosed this other version of a statement or the other version of the report to me.



The DBS currently investigation the findings in private, I am extremely stressed and the NHS refuse to answer my request. They instead prefer to let the DBS have the incorrect version which is making my life so stressful. so far its taken 2 years and I have to think of it daily.



There must be a way for me to resolve this matter and to stop the NHS managers from being so deceitful.



Thanks again

Link to post
Share on other sites

Had this information been provided earlier, would it have affected the outcome of the hearing ?
if the information had been provided prior to the hearing I could have answered the problem with police evidence, and if it had been provided during the hearing I could have provided both police and NHS evidence that disproved the findings. The findings that The NHS used was based of information from 2011 that at that time had not been verified; it has now been verified via the police; the police force solicitor provided me with an update that stated the information they initially held was wrong. The NHS however prefer to keep the other version.
Link to post
Share on other sites

Please clarify what your objectives are here?


EG Correct the information given to DBS




Something else.


IN order to help you, people need to know what you want to achieve

I just want the NHS to stop lying the problem is the NHS manager i'm complaining about is the chief of staff and she is using her power against me.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...