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    • Hi if any one can help me .   I have worked for around 3 weeks for a limited company. Company was operating as retailer at Esso service station   on 3rd of May MFG which owned the esso fuel station fired the retailer due to breach of their contract . The retailer is now holding about 7 member of staff wages. It's 1 women ltd company and still active .   I have send them letter before action as my worry is she is going to dissolve the company and then no one will left take court action.  My intention is to small claim    If any one can help with particular of claim.    She did give me contract which only signed by me not her     Do I need  to have written contract signed to take court action .?   HER actions put me in hardship .   My job title was sales assistant.    Thank you 
    • are they actually stating 128 uses? in the summons   payment should be made on the day  the judge / clerk will tell you how
    • Yeah super happy and grateful for that, they easily could've prosecuted for fraud.    And I sent a pleading letter when they first asked me to plead my case but no I haven't gotten in contact with them since I received the summons on Friday. I don't even know if I should try tbh, I don't think it's going to go anywhere but obviously, I do not want a criminal record in the slightest so I am going to try calling and speaking to the prosecutor on the day.   In the meantime, I will attend court in person. When it comes to payment, do you have any idea of how that works dx? Do I pay on the day at the actual courthouse with my bank card or do I pay online?    Oh also, the oyster was used for 128 uses. So, my chances are just that much slimmer lol
    • It is the speeding matter which will cause you the most trouble.   If you have been "flashed" a Notice of Intended Prosecution (NIP) and a request for you to provide driver's details will be sent to your old address. If you fail to respond to the request  you will be prosecuted for failure to do so. A conviction for that offence carries a hefty fine, six points and an endorsement code that will see your insurance costs go through the roof for the next five years.   You need to either get access to the post at your old address or contact the police in the area you believe you were flashed. How long ago do you believe you were flashed? 
    • Fair enough. I've got everything here, belt and braces  so I'll send the lot in.   Thanks again.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
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Hello, first time on this forum and was wondering if anyone could advise me,

 

So i have been working for a company for 2 years lets call them "B" i have had no issues here but due to the time it takes for my travel i looked elsewhere for employment closer to home, i applied to a company local to myself i will refer to them as "F".

 

I was invited for an interview and also had 3 phone interviews, after a few weeks i was offered the job via Conditional offer, i accepted this offer, provided the information required "references" and handed my notice in at my current job with "B".

 

A few days later i was invited in to "F" get all my details sorted out and sign a contract which i did, this was a few days after providing the information requested.

 

the next day (4 days before my start date and 1 day before i left "B", i received a phone call stating that due to a negative reference from another company (lets call them "M") they are withdrawing the offer of employment, this is 2 days after i signed a contract with this company to start work the next week.

 

Now the reference provided from "M" differs greatly from the reference "M" Provided to me when i started work at "B", i have copies of both references and also the signed contracts.

 

The original reference provided by "m" before i started with "B" in 2016 was very positive and would be considered a good reference, the reference provided by "M" in 2018 is a very negative reference and does not reflect in anyway myself or the reference the same person from the same company provided in 2016.

 

I feel that both "M" for the negative reference and "F" for withdrawing the offer after signing a contract are in breach of some Law here, i am now without a job for the first time in over 8 years, i have bills to pay and less than 1 months paycheck to get me by until i find a new job.

 

If anyone has some knowledge on this subject any help would be appreciated, i can answer any questions if need be.

 

Thanks.

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a) never ever hand in your notice unless the offer is unconditional; if you do, anything that happens bad as a result is on you

 

 

b) try sending new company a copy of old reference and see if they are willing to check they have the correct John Hodgers

 

 

c) you have some redress if new reference is factually incorrect. Is it?

 

 

Workwise: get yoursef registered for temp/interim work...


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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the reference provided, is false, and also differs greatly from the one provided in 2016 by the same person, Company "F" is not willing to re-consider, company "B" has already hired my replacement (i trained them).

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False in what way?

 

 

And, get temping!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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the information provided does not reflect what happened whilst i worked for M, and also contradicts the original reference provided by them in 2016.

 

Alot off the temp work available locally is hours i cannot do and anything which is not is too far/expensive to travel to on public transport due to the awkward location i live.

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Can't help while you are being vague. Specifically in what way is it false?

 

 

And I really can't help with your choice to live somewhere awkward and not like travelling....


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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F are not in breach of the law. They can withdraw or serve notice at any time in the first two years for almost any reason. You might be entitled to some notice. Possibly. Because statutory notice in the first four weeks is nil, and you hadn't started. If, contractually, you were entitled to more, they might owe you some notice pay, but then if you push it you'll definitely never get a job there again.

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Hello, first time on this forum and was wondering if anyone could advise me,

 

So i have been working for a company for 2 years lets call them "B" i have had no issues here but due to the time it takes for my travel i looked elsewhere for employment closer to home, i applied to a company local to myself i will refer to them as "F".

 

I was invited for an interview and also had 3 phone interviews, after a few weeks i was offered the job via Conditional offer, i accepted this offer, provided the information required "references" and handed my notice in at my current job with "B".

 

A few days later i was invited in to "F" get all my details sorted out and sign a contract which i did, this was a few days after providing the information requested.

 

the next day (4 days before my start date and 1 day before i left "B", i received a phone call stating that due to a negative reference from another company (lets call them "M") they are withdrawing the offer of employment, this is 2 days after i signed a contract with this company to start work the next week.

 

Now the reference provided from "M" differs greatly from the reference "M" Provided to me when i started work at "B", i have copies of both references and also the signed contracts.

 

The original reference provided by "m" before i started with "B" in 2016 was very positive and would be considered a good reference, the reference provided by "M" in 2018 is a very negative reference and does not reflect in anyway myself or the reference the same person from the same company provided in 2016.

 

I feel that both "M" for the negative reference and "F" for withdrawing the offer after signing a contract are in breach of some Law here, i am now without a job for the first time in over 8 years, i have bills to pay and less than 1 months paycheck to get me by until i find a new job.

 

If anyone has some knowledge on this subject any help would be appreciated, i can answer any questions if need be.

 

Thanks.

 

 

 

The information held about you by any company must be accurate (Data Protection Act)

 

 

A defence for inaccurate information is if the company had a reasonable belief in it.

 

M can not use that defence as they have given a good reference before

 

I believe you have a potential claim against M as they have caused you to suffer loss

 

You need to research the DPA

 

I don't see how you would have a claim against F except you left out something

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Just because two references don't say the same thing does not mean that one is inaccurate or false. I think Joe, two years into his career as an accountant, is perfect for the post of junior accountant with Michael Biggs Ltd, and all the job specification could have been written for his experience and skill level. In think that Joe would be rubbish as the chief financial advisor to the government because he would not have a clue what he is talking about, and doesn't have the skills or experience to do the job. Same person, two references - one good, one bad, both accurate.

 

As Emmzzi has said a few times, it depends on what was said and why, and the OP isn't saying. False, in what way????

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Just because two references don't say the same thing does not mean that one is inaccurate or false. I think Joe, two years into his career as an accountant, is perfect for the post of junior accountant with Michael Biggs Ltd, and all the job specification could have been written for his experience and skill level. In think that Joe would be rubbish as the chief financial advisor to the government because he would not have a clue what he is talking about, and doesn't have the skills or experience to do the job. Same person, two references - one good, one bad, both accurate.

 

As Emmzzi has said a few times, it depends on what was said and why, and the OP isn't saying. False, in what way????

 

 

 

Using your analogy; to claim that Joe would be rubbish as a govt financial adviser would mean you have accessed him on that

 

It also would mean that you have the skills to assess him on that

 

I'm a construction site manager but have received training and volunteered as a project manager

 

If my contract manager should claim that I will be rubbish as a project manager he would be giving an inaccurate statement

 

He doesn't know what training I have received and what experience I have

 

To give out any such statement, you need to demonstrate diligence

 

The OP who has sight of both references has said one is inaccurate

 

It is not our place to speculate

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Using your analogy; to claim that Joe would be rubbish as a govt financial adviser would mean you have accessed him on that

 

It also would mean that you have the skills to assess him on that

 

I'm a construction site manager but have received training and volunteered as a project manager

 

If my contract manager should claim that I will be rubbish as a project manager he would be giving an inaccurate statement

 

He doesn't know what training I have received and what experience I have

 

To give out any such statement, you need to demonstrate diligence

 

The OP who has sight of both references has said one is inaccurate

 

It is not our place to speculate

 

In that case, it is not our right to speculate that one is inaccurate simply because the OP says so either.

 

Assessment is not the only criteria for a reference. Opinion is a legitimate criteria, and a legitimate defence against legal action. As is reasonable belief. So I am perfectly within my legal rights to say that I do not believe that Joe would make a good government adviser.

 

Without understanding the situation it is simply impossible to assess what, if anything, is legally actionable. There is therefore no way of confidently asserting that there is anything actionable based on no information except the OPs opinion. That is purely speculation.

 

Simply because we are told that the two references are different does not mean anything - we don't know what they say, why they say it, or what reason there might be for that difference. Since the OP doesn't seem to want to say anything further on those issues, then there is no reason to speculate about what might or might not be possible to do about it.

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In that case, it is not our right to speculate that one is inaccurate simply because the OP says so either.

 

Assessment is not the only criteria for a reference. Opinion is a legitimate criteria, and a legitimate defence against legal action. As is reasonable belief. So I am perfectly within my legal rights to say that I do not believe that Joe would make a good government adviser.

 

Without understanding the situation it is simply impossible to assess what, if anything, is legally actionable. There is therefore no way of confidently asserting that there is anything actionable based on no information except the OPs opinion. That is purely speculation.

 

Simply because we are told that the two references are different does not mean anything - we don't know what they say, why they say it, or what reason there might be for that difference. Since the OP doesn't seem to want to say anything further on those issues, then there is no reason to speculate about what might or might not be possible to do about it.

 

 

I believe the OP is an adult and knows what he is saying

 

I take him at face value and give him the best suggestion I have

 

I don't see why he would lie

 

I'm inclined into believing people unless they demonstrate

 

He has been fairly consistent so I believe him

 

He is an adult and should know what he is saying

 

If he says one is inaccurate, then it is inaccurate. period.

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we dont know what questions were asked on the reference request.

I dont know if you have seen them but consider the sort of stuff that goes on a positive vetting reference request- are they of temperate habit being one of the qustions you used to get asked so sometimes it can be very subjective rather than the usual can they do their job type stuff. The newco may really want to know if you are going to fit in rather than are you capable of doing the tasks so key words will leap out at them (or the absence of). This doesnt mean that a bad reference was given, it may have been identical but it lacked the neccessary flags.

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I dont know if you have seen them but consider the sort of stuff that goes on a positive vetting reference request-

 

It hasn’t been positive vetting (PV, or for that matter EPV!) for a good few years ........

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back in the days of off the record conversations in smoke filled rooms......

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Did you get it sorted out? I’ve just seen your post and I hope you were able to start the job. I’ve given new employers all my credentials and references with complete confidence before now, only to find out that one reference was negative, but I still got the job. Although it’s still unfortunate as I found out about said reference when my new employer handed me my personal file, with tbe reference in it, because she wanted me to fill out some paperwork which was in the file also. But at least I got to see it and I actually went and spoke to the person who wrote it and got him to write a new one. That was years ago and it’s a shame this is still going on. Maybe just be a clerical error or the ref was meant for someone else if it’s so unusual? Can’t see how they’d change their mind unless they’re stupid, but you should take the ‘good’ ref from them which you used to get your last job and show it to your new employer so at least you can prove that you’re not actually a poor employee.

 

It should be made law that all employers give a reference and if they can’t give a good one then it’s just tough, deal with the tribunal then but they should have been more careful who they take on, they’re obviously a bit stupid if they’re playing games like this but you don’t have to put up with it. You should get some advice off acas too if you’ve still got problems. They’re very good!

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Have you asked company F to review their decision and provide them with a copy of the original reference from M?

 

And have you written to M setting out their conduct and noting you may take action. Do you have the wording (redacted of course) of the new reference?

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