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    • George563
      Satellite TV still can't be viewed nearly three weeks after scaffolding was taken down

      By George563 · Posted

      Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • Man in the middle
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By Man in the middle · Posted

      There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Badtimes123
      Old Aqua Credit Card

      By Badtimes123 · Posted

      Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • cabotarecunts
      Old Aqua Credit Card

      By cabotarecunts · Posted

      Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Charged by employer for property stolen in office during fire drill

Tom87
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Tom87

Tom87

Posted
Posted

Hi all, thanks in advance for reading and any advice. I'll try to be as concise as possible.

 

I have an iPhone provided by my work. It states on the iPhone Policy that if you lose the phone or it is stolen, you will have the price of the iPhone taken off the next payslip. The only exception is if you can provide a police certificate that it was stolen, but there is a sub-exception here that states you still have to pay if the theft was facilitated to clear negligence on your part, e.g. leaving it unsupervised in a public place.

 

In November 2015 there was a fire drill at work. I immediately left the building. When the drill ended and I returned to my office, my work phone had been stolen off my desk.

 

When I informed Asset Management of the theft, the person at the desk seemed understanding and stated verbally that this should be OK and I shouldn't be charged as when there is a fire drill, you must leave immediately and not stop to pick up personal belongings. I was provided with a new work phone a few days later and there were no other comments made by them.

 

Come end of November, I have £300 taken off my payslip for the cost of a new iPhone 5. Before even considering whether they can do this, the price is not right. They currently retail on Amazon at £251, and I strongly suspect my employer gets them at a far lower price seeing as they order hundreds for their employees. So they are making a profit on this.

 

By email, I questioned the deduction (and the price). In their email reply, they didn't dispute my story but said I was negligent as I should have taken the phone with me. I pointed to the fire regulations, which state, word for word: "...evacuate the building immediately and do not stop for any personal belongings. Delaying the evacuation to gather personal belongings risks the lives of you and your colleagues and may constitute gross misconduct."

 

Their reply to this was that it was "obvious" that small items like your phone don't count in this rule, as your phone will be sitting on your desk (where we have a dedicated power cable for our phones) and so you will lose no time in picking it up. And they said making a police report for theft is pointless as it was now "too long ago" and in any case I was negligent (see 1st para.).

 

I also raised the fact that there is CCTV - not in my office, but in the hall adjoining it. I.e. my office door is in clear view of the camera, so can see everyone who enters or leaves the office. This is the only door to the office. Even if the phone isn't recovered, I told them they can at least find out who stole it, on a matter of principle/ethics. They replied "data protection" and were extremely obstructive. What's the point of CCTV in this location if not to stop things being stolen from the premises or find the people who do steal?

 

I issued a written reply by recorded delivery, challenging the deduction by quoting the fire regulations and stating that no exceptions are listed. I received no reply. I waited for my December payslip and there was no £300 refund.

 

Where do I stand here? I was simply following the fire regulations. I am not in a trade union. Would CAB be a good start? Could I also claim interest on the money they are withholding from me? I have been careful not to mention legal threats as I know most people who say this never act on it. I am now at the stage where I would be happy to leave/lose my job to fight this. Threatening with going to the press would be futile as they are a very large company that has had a few controversies in the past and couldn't care less about negative coverage. Even if I can't get a refund on the facts, can I challenge the amount that they deducted as it is considerably more than the retail value of the phone?

 

Thanks in advance, sorry for the long post!

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steveod

steveod

Posted
Posted
Hi all, thanks in advance for reading and any advice. I'll try to be as concise as possible.

 

I have an iPhone provided by my work. It states on the iPhone Policy that if you lose the phone or it is stolen, you will have the price of the iPhone taken off the next payslip. The only exception is if you can provide a police certificate that it was stolen, but there is a sub-exception here that states you still have to pay if the theft was facilitated to clear negligence on your part, e.g. leaving it unsupervised in a public place.

 

In November 2015 there was a fire drill at work. I immediately left the building. When the drill ended and I returned to my office, my work phone had been stolen off my desk.

 

When I informed Asset Management of the theft, the person at the desk seemed understanding and stated verbally that this should be OK and I shouldn't be charged as when there is a fire drill, you must leave immediately and not stop to pick up personal belongings. I was provided with a new work phone a few days later and there were no other comments made by them.

 

Come end of November, I have £300 taken off my payslip for the cost of a new iPhone 5. Before even considering whether they can do this, the price is not right. They currently retail on Amazon at £251, and I strongly suspect my employer gets them at a far lower price seeing as they order hundreds for their employees. So they are making a profit on this.

 

By email, I questioned the deduction (and the price). In their email reply, they didn't dispute my story but said I was negligent as I should have taken the phone with me. I pointed to the fire regulations, which state, word for word: "...evacuate the building immediately and do not stop for any personal belongings. Delaying the evacuation to gather personal belongings risks the lives of you and your colleagues and may constitute gross misconduct."

 

Their reply to this was that it was "obvious" that small items like your phone don't count in this rule, as your phone will be sitting on your desk (where we have a dedicated power cable for our phones) and so you will lose no time in picking it up. And they said making a police report for theft is pointless as it was now "too long ago" and in any case I was negligent (see 1st para.).

 

I also raised the fact that there is CCTV - not in my office, but in the hall adjoining it. I.e. my office door is in clear view of the camera, so can see everyone who enters or leaves the office. This is the only door to the office. Even if the phone isn't recovered, I told them they can at least find out who stole it, on a matter of principle/ethics. They replied "data protection" and were extremely obstructive. What's the point of CCTV in this location if not to stop things being stolen from the premises or find the people who do steal?

 

I issued a written reply by recorded delivery, challenging the deduction by quoting the fire regulations and stating that no exceptions are listed. I received no reply. I waited for my December payslip and there was no £300 refund.

 

Where do I stand here? I was simply following the fire regulations. I am not in a trade union. Would CAB be a good start? Could I also claim interest on the money they are withholding from me? I have been careful not to mention legal threats as I know most people who say this never act on it. I am now at the stage where I would be happy to leave/lose my job to fight this. Threatening with going to the press would be futile as they are a very large company that has had a few controversies in the past and couldn't care less about negative coverage. Even if I can't get a refund on the facts, can I challenge the amount that they deducted as it is considerably more than the retail value of the phone?

 

Thanks in advance, sorry for the long post!

IMO you need to submit a formal written complaint stating that you did not violate company policy and therefore they were incorrect in deducting the cost of the phone from your pay. Provide a copy of the company fire drill policy and ask them to show where in the policy it states that small items are not classed as personal items under the policy. Also, as the phone was left on company property ask them where in the company policies it shows that the company is not liable or responsible for the loss of the phone as you hold the company liable for the loss due to them not securing the office and allowing the theft of phone. Inform them that you require payment of the £300 within 14 days or you will consider your legal options.

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Sidewinder

Sidewinder

Posted
Posted

As above. Formal grievance. There was no negligence, apart from that of the company in not investigating a theft of company property.

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becky2585

becky2585

Posted
Posted

I would also be tempted to report the theft to the police. That way you will have a crime reference number and investigation and it may go further towards proving your employer had no right to deduct.

 

You also need to bear in mind the three month limitation period - I would contact the police and then contact ACAS to start early conciliation for unlawful deductions from your wages.

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citizenB

citizenB

Posted
Posted
Are you not able to use "Find my iPhone" to locate it? At least it should be able to be locked and blocked.

 

 

|Snap, I thought these smart phones had some kind of inbuilt GPS. Has there been any use of the phone - phone bills should be able to answer that one ?

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steampowered

steampowered

Posted
Posted

You say that the policy states you must pay the replacement cost unless you have a policy report, but that doesn't apply if you have been negligent.

 

Assuming that you agreed to the policy when you were provided with the phone, it sounds to me like the employer is entitled to charge you. This is because you do not have a police report. Under the wording of the policy, the question of whether you are negligent or not only comes into the picture if you have a police report.

 

There might be a legal argument that the employer was not allowed to deduct from your wages unless they can prove you agreed to the policy in writing or it is part of your contract (see http://www.legislation.gov.uk/ukpga/1996/18/section/13).

 

Ultimately, if you want to push this forward, you can raise a grievance and kick up a stink. If that doesn't get you anywhere, you could raise a small claim against your employer through the moneyclaimonline service. Is it really worth suing your employer over £300? I doubt it, but that's your decision.

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steveod

steveod

Posted
Posted
You say that the policy states you must pay the replacement cost unless you have a policy report, but that doesn't apply if you have been negligent.

 

Assuming that you agreed to the policy when you were provided with the phone, it sounds to me like the employer is entitled to charge you. This is because you do not have a police report. Under the wording of the policy, the question of whether you are negligent or not only comes into the picture if you have a police report.

 

 

Sorry I don't agree. The fire drill policy, according to to OP, which is part of a requirement under statute under health and safety regs, states that to leave premises and do not take any belongings with you. This would override any contractual obligation the company set. Imo

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ericsbrother

ericsbrother

Posted
Posted

Yep, get a crime number and let employer know that you have done so and have a word with whoever is in charge of the CCTV data that you have done this and want the footage kept as potential evidence. They are not obliged to but it would make it harder to defnd their actions and at a pinch get them a warning from the police about failing to help an officer in the execution of his duties by deliberately destroying evidence of a crime.

Mind you, do ordinary police officers investigate crimes any more?

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LizzieJ

LizzieJ

Posted
Posted

Raise a grievance; you should have also been notified of the deduction before they took it, preferably in writing.

 

I would also call 101 and report to local police explaining why you have to report it.

Really your employer should report it as it is their property.

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  • 4 years later...
BankFodder

BankFodder

Posted
Posted

open

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Tom87

Tom87

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Thank you BankFodder for your help in re-opening the thread!

 

Just a small update about this. Thanks to everyone again for your very helpful advice.

 

The reason I never reported back was because a settlement was reached with my now-former employer regarding this matter.

I am not allowed to talk about the terms of the settlement, and I was not allowed to mention its very existence for 4 years

 

(hence now I can reveal that, and finally tell my ex-colleagues and friends the truth).

 

But I can say that you helped me in doing this, so thank you genuinely for that, as there were a number of things I would not have thought of without your comments, which helped me in reaching the solution!

 

Have a great day all.

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BankFodder

BankFodder

Posted
Posted

Thanks for the update. Of course we are all extremely curious now because we would like to know what the settlement was – and also who the employer was.

It's amazing that they felt that they had to accompany this by a Non Disclosure Agreement. It seems to me that the result was a foregone conclusion. I can't imagine that they penalised you the cost of the phone.

Do tell…!

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ericsbrother

ericsbrother

Posted
Posted

NDA's are not worth the paper they are written on unless they gave you a lot more than your would have earnt during the qualifying period so reporting their misbhaviour when they have only paid you off a small amount wont cost you if they do decide to try and enforce it because the damages they can recover will be nil. If they paid you a million quid to keep quiet then it would be another matter as they could ask for a sizeable proportion of that back

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