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    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
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chriscls

Advice on potential dismissal / General Employment

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Hi guys hopefully you can help me, briefly and to the point I'm having some concerns at work.

 

My main concern is that I'm doing a role which is additional to the one I am contracted to do. I'm contracted to improve business development chiefly through tendering, of which I'm achieving and there is documented evidence of. However, my MD has since delegated another role/responsibility which was previously another colleagues role/responsibility but he has said that my performance in this area is not good.

 

This is fine, everybody makes mistakes, but what he doesn't appreciate is that my main role takes a considerable amount of time and paying the same focus/attention to the new role/responsibility can be difficult.

 

With this in mind, he give me a telling off which I feel is his version of a formal verbal warning, but I received no written confirmation advising of that this was the case and no one else was present. So the questions I would welcome answers to are:

 

  • Can the "telling off" be considered a formal verbal warning and does a witness need to be present?
     
  • Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ?
     
  • Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point?
     

 

All answers/feelings on this would be much appreciated. Ohh I have been employed for 16 months now.

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  • Can the "telling off" be considered a formal verbal warning and does a witness need to be present?
     
    No - any formal warning should be preceded by a disciplinary hearing outlining the problem and giving you an opportunity to be accompanied. It should also result in written confirmation of any sanction or agreed next steps even if the warning was merely 'verbal'
     
  • Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ?

    Yes - where you have accepted the additional responsibilities without highlighting concerns or formally agreeing what the employer's expectations are
     
  • Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point?

    It wouldn't be a game-changer. For the same reason as above, if you have accepted the role, the employer and method of payment without complaint then there would be a tacit agreement
     

 

I have been employed for 16 months now.

 

And unfortunately therein lies your biggest problem and it comes down to whether you are willing to stick your head above the parapet in order to complain. Whilst there could be some 'breach of contract' issues here in terms of precisely what is your role and how 'fair' or otherwise is your employer's conduct, there is little to stop the employer dismissing with the vaguest of reasons until you have 24 months service

 

How easy do you feel it would be to seek an informal meeting to discuss areas of concern and for you to better understand what your employer's expectations are of you? I do not get the impression from your OP that you are disgruntled or particularly unhappy with the job itself - more concerned that you are performing an additional role which you are struggling with?

 

A clear the air session may allow both of you to highlight areas which need clarification - for the employer to indicate where your priorities should be and for you then to raise any concerns over what is and is not achievable and why. You could also ask for clarification of which part of the business you are actually working for.

 

That would be my first suggestion rather than looking beyond this being a shot across the bows as regards performance


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And unfortunately therein lies your biggest problem and it comes down to whether you are willing to stick your head above the parapet in order to complain. Whilst there could be some 'breach of contract' issues here in terms of precisely what is your role and how 'fair' or otherwise is your employer's conduct, there is little to stop the employer dismissing with the vaguest of reasons until you have 24 months service

 

How easy do you feel it would be to seek an informal meeting to discuss areas of concern and for you to better understand what your employer's expectations are of you? I do not get the impression from your OP that you are disgruntled or particularly unhappy with the job itself - more concerned that you are performing an additional role which you are struggling with?

 

A clear the air session may allow both of you to highlight areas which need clarification - for the employer to indicate where your priorities should be and for you then to raise any concerns over what is and is not achievable and why. You could also ask for clarification of which part of the business you are actually working for.

 

That would be my first suggestion rather than looking beyond this being a shot across the bows as regards performance

 

Thanks. The thing is I rather like the job I am "contracted" to do, whereas the additional responsibilities were forced on me, I was'nt asked but told. So far as I understand there is no documented evidence of me accepting the new responsibilities, I guess it was "landed on my desk". I did however verbally agree that the additional responsibility was fine on the condition that tenders remained my primary focus.

 

The MD agreed that they should be however I cannot mentally give the same focus on raising sales orders etc after I have been scrutinising mediums for contracts and spending days completing these. It is a little like asking a striker in football to play goal keeper, yes he can do it but its not what he is capable of doing.

 

Any further advice is greatly welcome, but I feel the important thing to gather from all this is the lack of documentation suggesting that the new additional role is one I am doing. If the worst came to it, will a court simply acknowledge the employers "word" as that is all it's been so far.

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all you can do is request a meeting to discuss the problems you are having with this new role and seek additional training/mentoring etc so your boss is aware that you are keen to do it properly and accept that you cant at present ut are willing to learn etc. When this is agreed ask that it is formalised so the performance can be measured or monitored by some suitable yardstick. This means that you will have something in writing and set objectives.

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