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    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Disciplinary meeting - what evidence can I ask for?


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Hi,

 

I have a disciplinary meeting coming up for not abiding to a particular policy. However I have witnessed many people (in the presence of managers etc) do the same. There has been no meetings to say they will be cracking down etc

 

Basically my employer and I had a disagreement over one thing, suddenly I'm being investigated for a couple of things, and straight to a disciplinary for others.

 

So I wondered if I can ask for my disciplinary meeting how many other staff have been disciplined for the same reasons? Would that be appropriate? It does feel like they are looking for things to have a go at me with.

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You can ask. But I doubt that they will answer ("none of your business") and it won't help you anyway because what happens or doesn't happen to someone else has no relevance to whether or not YOU followed the policy or not.

 

Of course they are looking for things to "have a go at you with". There are always consequences for falling out with the employer. The problem is that unless you are purer than the driven snow, they will always find reasons. As you are discovering, the only defence to breaking rules in employment is that you didn't - "I did but I have a good excuse" is not a strong defence, and it's a defence that an employment tribunal won't be in the slightest bit interested in.

 

What is more concerning here is that they are investigating you "for a couple of things, and straight to a disciplinary for others". That indicates to me that they are not "having a go" at you. They have every intention of dismissing you and doing so fairly in law. What exactly did you have a disagreement over? And I presume you have two years service with this employer?

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Hi,

 

I have a disciplinary meeting coming up for not abiding to a particular policy. However I have witnessed many people (in the presence of managers etc) do the same. There has been no meetings to say they will be cracking down etc

 

Basically my employer and I had a disagreement over one thing, suddenly I'm being investigated for a couple of things, and straight to a disciplinary for others.

 

So I wondered if I can ask for my disciplinary meeting how many other staff have been disciplined for the same reasons? Would that be appropriate? It does feel like they are looking for things to have a go at me with.

 

It depends on the exact issue, as it might not be black/white.

 

You need to question why the particular policy is not being followed first. Is it something that can be proven by stats, call recordings etc ?

 

Concentrate on your own situation. Don't drag other employees into this, unless they directly have anything to do with your issues.

 

If you tried to bring up disciplinary matters relating to other employees, i expect you will be told that for reasons of employee confidentiality they cannot discuss it with you and they must stick to purely your own conduct.

 

These initial disciplinary meetings are fact finds to understand the situation. Before the meeting, unless misconduct is serious so requires urgent attention, they should give you advance notice of the meeting and what issues they wish to discuss. You should get hold of all paperwork that is relevant. If the policy is not being followed by others and there is anything on record by a manager where they are allowing deviation from the policy, then get hold of it. It needs to be from someone in a management/supervision role, where they are shown to be moving away from a stated company policy. It can't be from your colleagues at the same level, as you might all be doing something that management will say they never authorised.

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also depends on what policy breaches they are looking at. If something like the use of computers during lunch hours for personal reasons then unless a very strict ban the approach will be pragmatic as to what is acceptable and what isnt so questioning why someone else isnt in trouble will do you no favours. If it is a regulatory matter then you raise it elsewhere and in the correct formal manner. Two wrongs dont make a right as the saying goes so stick to your case and tell them that you understand that the policies are there for good reasons and you will be adhering to them properly etc if givent the opportunity. If it is about personal use of company facilities dont challenge theto prove their case, they will and then firm up their approach to things

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I don't disagree with either of the previous two posters, but I do want to re-emphasise one thing that I said that neither has picked up. I am more concerned about the comment indicating that there is more than one disciplinary and other investigations going on. This is not normal. Employers who are p*****d off with someone might slap back - fairly or not. References to multiple cases against one individual only means one thing though, and that isn't a slap back. That is a dismissal. It only requires, normally, some thing like three VERY MINOR things to get fairly dismissed. First warning, final warning, dismissal. The final curtain does not have to be about anything serious if there are the required number of other warnings already on the record.

 

Context is therefore pretty important here.

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