Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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

Withholding Redundancy payment / deduction from redundancy


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3434 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 All

 

One of my family members is currently experiencing some employment issues and hope someone could give us advice on the following and some guidance on how to deal with the issue.

 

While there have many issues leading up to the point of redundancy i will try and keep with the current issue.

 

He has been off sick for several weeks since Early October with stress and palpitations brought on mainly by his employment problems, specifically being informed by the company of the risk of redundancy and him having to apply for the only position available to keep is job as well as the owners son applying for the position.(which he thought was a no Win).

 

He was given notice of his redundancy and was given a date of 17th Nov 2014, with the date passing he was expecting his redundancy Friday 21st Nov which is when the usual pay date is.

 

He contacted the owner today to ask when he would be receiving his payment only to be told that the owner was busy and that he would contact him later.

 

The owner made contact a little later via email.

 

The owner alleges to have sent him a letter dated the 4th November stating that he had to remove some items that have been stored there for several months (owners consent)Apparently this is causing an environmental issue, and in the event that this was not removed in a certain time frame, he would arrange the items to be removed at the cost of nearly £500 and that this cost would be deducted from his redundancy payment.

 

Please keep in mind that the owner has kept in contact throughout the consultation period and sickness period via either email or recorded letter.

 

The owner hasn't got rid of any of the items and given him until next week to remove these items and stipulated he needs to remove these items and inform him of the time and who is collecting the items, so basically he is withholding his redundancy payment until this is done.

 

To say the owner is being awkward is a understatement to everything that has happened with him recently.

 

Your thoughts and advice on this matter would be greatly appreciated.

 

Thanks in advance.

 

Bridgykoi.

Link to post
Share on other sites

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

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

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

 

I agree. Redundancy payments are not classed as 'wages' so this would not be an unlawful deduction. Your relative would have to take advice and then sue in the County Court. It would be far quicker and less confrontational to simply move the property and then wait for the redundancy payment?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

 

I'm also a fan emmzzi / sidewinder, but unfortunately he has taken us to a point of the letter of law due to this and all of his is other antics.

 

Even though my relative agreed to remove the items on one the days he has requested him to, he has now sent correspondence back to him, which is threatening violence, due to this, the police are now having to attend to ensure his safety.

 

He has informed the owner of the company of the police attending and his response to the the email is some what of a concern to both of my family member and the police.

 

All he wants is what he is entitled to, and it to be sorted amicably, he has been in contact with ACAS and they are advising him that the owner is unlawfully with holding his redundancy and no deductions can be made out of his redundancy payment in respect the owners cost for removing these items, and that's if he had to ,they also said that he should have been paid in lieu of notice, in which he hasn't.

 

It is far from easy, he is on the verge of a breakdown and even receiving counselling, no company however big should be allowed to treat people this way.

 

He's collecting the items tomorrow so hopefully it can be all over with, but something tells me its far from over.

Link to post
Share on other sites

ACAS advice is sometimes rong. Think of them as a big call centre. Ask a lawyer.

 

So he is tending with the police t get his stuff. Fab. everything can move on after that. Nice straigtforward court claim if the cash is not forthcoming.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...