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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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Wife nearly killed by builder

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I promise that I’m not exaggerating.

I’m quite shocked about the incident and not entirely sure what to do.

 

Would welcome some advice.

 

We’re having a loft conversion done by a seemingly reputable building company.

 

Earlier this week my wife was in our first floor bedroom when a steel girder came crashing through the ceiling.

 

It didn’t drop through all the way

- the builder working in the loft was able to stop it.

 

it came down a long way: certainly beyond head height.

My wife had been standing exactly where it came crashing down only a moment before

- fortunately she had moved just before the incident.

She would have been struck on the head otherwise, with presumably devastating consequences.

It’s really frightening to think about, to be honest.

 

The builder was quite shaken by the whole incident, but his supervisor seemed to imply that it wasn’t too serious, said he didn’t think the beam had descended all that far, and promised to fix the ceiling.

 

My wife is adamant that she knows exactly how far the beam came down

- the supervisor wasn’t there of course.

 

I wrote to the company to say that this was a really serious matter, that a disaster had narrowly been averted, and that I wanted both a proper investigation and for the incident to be formally reported as a “near miss”.

 

The Director of the company called me back the same day, was quite apologetic, but said there was little to be done now. The nature of the incident - ie no one was actually hurt -

- meant that there was no body that the incident should be reported to

- though they would formally record it in their register.

 

Otherwise he was prepared to dismiss ther builder, or move him off my job.

But I don’t want to damage a young lad’s livelihood.

 

In my experience, when accidents like this happen its usually because of systemic failures that enable individual errors to happen,

 

I’m worried that the company has been a bit dismissive of what I fear is a really serious incident, and that I have an obligation to make sure that lessons are properly learned so that no one else is put at risk like this.

Next time they might not be so lucky.

 

Would welcome others’ thoughts and advice on what I should do next?

Edited by dx100uk
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Yes it sounds serious but sometimes accidents happen.

The fact is that the director of the company is going to fix any damage caused and is apologetic says he is a reputable person.

In all fairness no injury's were sustained but they are recording it as a "near miss".

 

Unless you can prove negligent work practices in the reasons why the steel beam came lose then I dont think there is anywhere to go with this.

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Perhaps a GOGW could be reflected in their final invoice ?


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Until floor is down in the loft, the 1st floor should be a no entry zone when builders are at work.

Same for all the perimeter of the scaffolding at ground level.

Standard practice.

 

In other words they should prevent access to the staircase leading to 1st floor and if it is essential to get there (to use the toilet for example), builders should stop working and wait until it's clear.

 

There's plenty to do on a loft conversion job, so they don't really need to stop working, but just do something else which would make it impossible to let anything through the ceiling.

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Yes they admitted this.

 

Apparently the builder thought my wife was not in the house (she was, as were my children).

 

At no point was she told that no one should be upstairs whilst the beam was being moved.

 

The other thing the company said happened which shouldn’t have done was that the beam was broughtt high at an angle through the window space to the floor - where is was rested against a joist.

 

Apparently the beams should be moved low and flat - not at an angle - lest they then slide through the ceiling (as this one did).

 

Finally the company said they normally put the floors down before they put the high beams in - but for some reason the build went out of sequence.

 

They’ve been quite open about all this - but it seems to me quite negligent all the same,

Edited by dx100uk
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You can call the HSE as the building co seem to ahve some very unsafe practices by the looks of things. The HSE bod can order them to remedy unsafe working procedures but will certainly rip a new hole for them for their lack of written procedures. saying they normally do somehting but didnt is no excuse.

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the other thing I would be minded to do is to claim on their insurance rather than letting the director settle. If they refuse to countenace this then you start off with your insurer and tell them the full story I dont believe the words of the director and this will test them.

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the other thing I would be minded to do is to claim on their insurance rather than letting the director settle. If they refuse to countenace this then you start off with your insurer and tell them the full story I dont believe the words of the director and this will test them.

 

I don’t think there is anything to claim for: no one was actually injured (luckily) and the builders will repair the ceiling as part of the broader loft works.

 

I wasn’t sure whether we - as customers, rather than employers or employees - could report the incident to the HSE.

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