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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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Hi All,

 

So this is our current situation:

 

20th June 2018 my partner was involved in a RTC (Road Traffic Collision) he is an HGV Driver and was driving his trailer at the time. He clipped another vehicle which caused that vehicle to 'roll over' a woman, who was crouched down on the drivers side.

 

Earlier when my partner arrived at the Recycling Centre this same vehicle was parked (in an un-authorised area and parked facing the wrong way : drivers side on pavement: and the two ladies were having difficulty as the ignition key had been broken in the ignition, my partner went to assist these ladies but could not retrieve the key therefore he helped move the vehicle forward so that he could get into the loading bay.

 

On leaving the loading bay you drive around the exiting site, but before he could leave he had to ask for another vehicle to be moved (which was also in un-authorised space) he then pulled out to enter the weighbridge passing (3) vehicles which were all beyond a no entry sign, and as he turned to make the weighbridge he clipped the vehicle with his rear end, he hears a shout "stop stop" and stopped.

 

In the meantime getting back to the vehicle, whilst my partner is working his way around the site, the ladies mother arrives and she is crouching down on the drivers side (presumably to assist with getting the car started again) so from a visual perspective when my partner is making his manoeuver he sees vehicles only. He does misjudge and clip the vehicle at less than 2 miles per hour.

 

The woman sustains injuries and the emergency services are called. VOSA also attends and Brian is subsequently suspended pending full investigation.

 

Brian makes a full statement to HR and the following week attends a meeting in the workplace to formalize the previous statement.

 

Brian is then invited to attend a disciplinary action meeting Friday 6th July outside of the workplace.

 

We have now been informed that he is dismissed from today's date, the reason being that the seriousness of the accident warranted dismissal.

 

Having worked for this company for some time Brian is aware of the concerns raised for this area and lots of complaints have been made, other accidents in this very area where damage has been limited to vehicles only have resulted in no action being taken against the driver, therefore the reasons for dismissal is because sadly someone was injured, but how can Brian be held accountable for that?

 

1) He clipped the vehicle at less than 2mph, but obviously being an articulated lorry has moved the other vehicle which then in turn injured the woman, he did not hit the woman.

 

2) All mirror checks should no persons only 3 vehicles. How can he be blamed when the woman was out of sight crouched down?

 

We are hoping that we have grounds for appeal and would like your help.

 

I have copies of all statements, letters received, letters sent although the dismissal letter we have been advised is being posted out today. We have five days to appeal and to determine if we have grounds for Industrial Action.

 

There is no union in place and Brian is not affiliated to any other.

 

We look forward to your thoughts,

 

thank you

swift

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Really a very sad story

 

1) Five days to appeal seems quite short and I would ask questions about that

 

In any event, you need sufficient time to read the grounds of dismissal before you can appeal.

 

Concentrate on your appeal for now

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What is the exact wording o the dismissal letter? The reason will not be “sadly someone was injured.”


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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So update:

 

Still no formal letter advising dismissal and reasons. We popped a letter down to them prior to Monday which outlined other incidents in this area where no action was taken against the driver, and lo and behold we get a phone call this morning asking if letter received yet and advising Brian that an appeal meeting is arranged for Friday???? He has not even told them he is thinking of appealing, maybe out letter got them rattled.

 

So when letter arrives I will advise the wording for the grounds for dismissal and in the meantime any thoughts if he should attend this appeal meeting??

 

Many thanks for replies so far, much appreciated.

:)

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They have most probably taken the content of your letter as an appeal against their decision. The letter confirming his dismissal should state that he has the right to appeal. He should definitely go to the appeal hearing and put forward his case.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yes he should definitely go for the Appeal Meeting

 

However, pop in another letter pointing out that you have still NOT received the Dismissal Letter

 

Also, point out that you need sufficient time to go through the letter

 

Inform them that the short notice puts you at a significant disadvantage and it is unfair

 

However, make sure you go for the Meeting

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Ok, further update.

 

The letter has now been received and the reasons for dismissal are 2 counts of gross misconduct,

 

1: That Brian "committed a breach of safety and actions which seriously endangered the health and safety of another person while at work and damaged the companies reputation.

2: That Brian "committed a serious neglect of duties.

Both of these then refer to sections within the company handbook.

 

The letter invites him to attend an appeal meeting as I mentioned earlier and we have taken on board your responses to that.

 

Will keep updating as we have news

 

Also Brian had to attend the police station today where he has been charged with driving without due care and attention (2mph!) so now on top of everything he now has to wait for the CPS to decide if legal action is to be taken.

 

Thanks in advance for your responses.

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Can I just check my reading ? He moved the vehicle so he could get past, then failed to get past. I think his helpfulness has rendered him responsible and accountable for both acts, and therefore the consequences are also his responsibility. In which case, admit, show remorse and seek to go on a refresher driving course is the suggested route.

 

What happened to other people with similar cases is neither here nor there. And the 2mph is not helpful because surely he could stop at that speed when the collision seemed likely to happen. You don’t have the mitigation you think you do.

 

Is a dismissal within the range of responses a reasonable employer would take? Yes. So humble pie time.


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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From what you said and the fact he is going to be charged with driving without due care and attention ( even at 2mph, you dont have to be going fast) can be construed as gross misconduct.

Agree humble pie time.

Try the appeal.

Hope for the best but plan for the worst

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Thank you all for your responses.

We have now submitted an appeal but are not hopeful for any reinstatement, pleased to be able to share that Brian has already started a new job.

Should he decide to take any further action after the appeal decision I will return for advice, but until then thank you all so much.

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I'm happy to hear he has somewhere new to go and hope it works out well!


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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