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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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Swampduck73

Had enough, handed in notice.

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Hi, Im new here, but needed to find somewhere I can get some advice.

 

I will just put it out there,

I have been put on sick leave by my doctor due to depression, which I have never suffered with before.

 

I am a cleaner for a medical centre,

2 months ago as I walked into work, the manger told me to follow her, she walked me into the kitchen, pointed to crumbs on the floor and told me to clean it up then walked out leaving me stood there like a lemon,

I had just started work and would of cleaned it when I got to that room,

 

3 weeks ago, I walked past her again as she was talking to another member of the practice, she cut her conversation short, and shouted to me, that needs cleaning in there, pointing into the staff kitchen,

 

,the member of staff that was with her at the time, came and apologised to me saying she was embarrassed at the way I was spoken to. Her and I both!!

 

A lot of little things have happened

I thought I would arrange a meeting with my supervisor to tell her what had been happening, she told me matter of factly that bullying happens it happens everywhere, I couldnt believe my ears,she also said that I was a scrubber,

 

I told her no i'm a cleaner,

she replied saying your a scrubber, we all are in this job,

I told her she shouldnt be a supervisor saying these things to me,

 

Since then I have gone on sick leave due to depression,

I wrote to my boss explaining what had happened so she could document it,

I explained in the letter to her I was unable to go to her work place which is a considerable way from where I live

 

she replied saying, rather than read your email, come to my workplace, she hadnt even bothered reading it

 

it took me a whole day to write down everything that had happened and she just couldnt be bothered.

 

The next I heard off her was her emailing asking to do a home welfare check,

I had been on sick leave for just 6 days, I felt like crap and was tearfull all the time,

 

I asked her what a home visit entailed, and also that the email I had written her wasnt a formal grievance it was so she knew what had been going on,

I havent heard off her since, even though I handed my notice in last week,

 

I think when she saw I wasnt raising any grievance she thought bugger it, I dont need to keep in touch with her now..it has all left me feeling worthless,

 

I did a good job if I didnt the medical centre wouldnt of been able to open, im just wondering if i should put in a grievance,

she is the top boss, she built the business

 

so who do i go to,

who can help me if it is her business?

Edited by dx100uk
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Its part of the NHS but also takes private patients,, I work for a cleaning agency,Ive worked in thie centre for 3 and half years but only with my new boss for just over a year as last one went insolvent and I was carried over to new employer'

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You have already resigned, so you know you do not need to go back

 

 

What do you hope to achieve with a greivance? That might help you work out if it's worth it.


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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Hi, I guess its the fact she has left me feeling low,,and also the fact she has shouted at numerous other people there, in front of others, some she has made cry. I was thinking if I did it then maybe she would change the way she acts, and the reception staff wouldnt be treated badly anymore. But saying that I know its up the them to help themselves.

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Hi, I guess its the fact she has left me feeling low,,and also the fact she has shouted at numerous other people there, in front of others, some she has made cry. I was thinking if I did it then maybe she would change the way she acts, and the reception staff wouldnt be treated badly anymore. But saying that I know its up the them to help themselves.

 

I think if, following your complaints, no action was taken, a grievance is unlikely to bring about change either.

 

Sometimes the best revenge is moving on and living 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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Thats what I was thinking, its like should I or shouldnt I,,,But I think your right, it might just drag out for ages and I havent got the strength for that at the moment. Thankyou x

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the manager is not the boss, thanks to hangovers from pre NHS days the surgery will most likely be owned by partners, who are probably the senior doctors there.

Also, as you work for an agency you could have asked them to find you somewhere else to work. They wouldnt be obliged to but they are your employer, not the surgery.

hat isnt clear to me is whetehr this manager is the practice manager or your agency manager. If the former then a grievance to your agency as employer may help you stay on their books and get you employment elsewhere. Also, it may persuade the agency to say they arent willing to send staff there to be abused and the practice can find its own cleaners and then be responsible for their employment and all that goes with it.

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Sorry, My boss owns the cleaning company, so there is no one higher than her i can go through, The practice manage is the manger of the surgery.

I have done all I cann with telling my boss whats happeed but she just doesnt care, still hasnt got back to me about me handing my notice in. So she definately doesnt care who else gets work there, I think aslong as she keeps the contract she really doesnt care. The surgery is owned by two senior doctors, I dont think they now any of whats gone on, I get on brilliant with all the staff and docs there, but it is def time to move on, I cant work for people who treat you as the lowest of the low..I really o hope that one of the staff puts in a complaint though, as id love to see karma catch up with them x

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Your post mentions managers and your boss and an agency so I made the assumption that your were not directly managed at your place of work by your own company but received instruction from the Practice Manager and this was the person giving you grief.

As That is not the caseI would be tempted to write them a note saying that you are sorry to be leaving the practice and your reasons are nothing to do with them and how you have enjoyed working there meeting lots of nice people or whatever.

that way you might be considered for being employed directly if they decide to not use a contracted company after this.

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Sorry, My boss owns the cleaning company, so there is no one higher than her i can go through, The practice manage is the manger of the surgery.

I have done all I cann with telling my boss whats happeed but she just doesnt care, still hasnt got back to me about me handing my notice in. So she definately doesnt care who else gets work there, I think aslong as she keeps the contract she really doesnt care. The surgery is owned by two senior doctors, I dont think they now any of whats gone on, I get on brilliant with all the staff and docs there, but it is def time to move on, I cant work for people who treat you as the lowest of the low..I really o hope that one of the staff puts in a complaint though, as id love to see karma catch up with them x

 

It will happen.

My crazy sister once handed her resignation to an abusive boss by way of a punch in the face followed by a kick in the jewels.

Astonishingly they paid her notice period despite never going back.

That night we were waiting for the police to knock at the door and take her in, but they never reported it.

The bully just took it and went with his tails between the legs.

The abusive boss in the surgery one day will be served very well by a loose bolted employee, don't doubt.

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Hi, I guess its the fact she has left me feeling low,,and also the fact she has shouted at numerous other people there, in front of others, some she has made cry. I was thinking if I did it then maybe she would change the way she acts, and the reception staff wouldnt be treated badly anymore. But saying that I know its up the them to help themselves.

 

 

You have resigned

 

ACAS guidelines state that employers should still deal with grievance even if the employee has left Most employers don't follow that advice

 

Sorry that I sound harsh but if you had wanted to change things you should have stayed Quitters never change things

 

When you stand up to bullies, you make the world a better place Unfortunately, you quit hence there is little (nothing) you can do

Edited by honeybee13
Paras

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You have resigned

 

ACAS guidelines state that employers should still deal with grievance even if the employee has left Most employers don't follow that advice

 

Sorry that I sound harsh but if you had wanted to change things you should have stayed Quitters never change things

 

When you stand up to bullies, you make the world a better place Unfortunately, you quit hence there is little (nothing) you can do

 

Which seems exactly the best thing for you to have done for your own health. Don’t let anyone try and convince you to fight hopeless battles on behalf of others!

 

Yes you sound harsh dondada. It is totally fine for people in vulnerable positions to look after themselves. She’s hardly ceo of sports direct. And piling guilt on stressed and upset people is, I believe, a disgraceful thing to do.

 

Put yer spurtle down.


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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Actually IME the only time things change is when someone sues (though often even then little changes within a firm).

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Sorry to hear about this.

 

I agree with Emmzzi. It sounds like finding a nicer job and moving on with your life might be the best thing for your mental health.

 

You certainly have grounds for raising a grievance but it sounds like a grievance is not likely to achieve very much, given that this is a small business. Engaging with a grievance or Employment Tribunal process could be stressful and may make it harder for you to move on from this.


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I hope this happens, as i know a few of them are keeping dates and incidents of what she says to them.,, I have to add I like the way your sister sorted her problem out, it made me chuckle lol x

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The manager is the manager of the practice,, the boss is my boss, the boss of the cleaning firm, Both have acted disgracefully, I handed in my notice and havent even had an acknowledgement, thats how much she gives a s""t. The reception staff and doctors are all amazing, thats whats sad about it all x

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Its hard to go through with a grievance when the person I have to see is one of the people I have a grievance with. the other is a superviser that is best mates with my boss, and the other is the manager of the surgery. My boss is who I would have to go and see to do the grievance procedure, she has no one above her as its her business, and its her and the other two that have all grouped together. It is a small business with a boss who wont change anything because she will lose contracts if she does. Dont you think I have mulled this over and over in my head,,I hate bullies the same as the next person, but when its 3 against one I dont stand a chance.

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I honestly dont know how to go about it, I dont have solicitor type money. But will look into it and see if theres a way.

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Thankyou Emmzzi, I have always stuck up for people being bullied and I also feel ashamed that I havent put in a formal grievance,, I handed my notice in 2 weeks ago and have had no acknowledgemnet at all. I do know that a few other people have left her employment and that she is finding it hard to replace them, so maybe karma is already working :) x

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I honestly dont know how to go about it, I dont have solicitor type money. But will look into it and see if theres a way.

 

Do you have house insurance?

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Because some policies will have legal expenses insurance which may assist with legal fees should you have been minded to bring a claim.

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Ahh right,, ok,,thanks for explaining,,I looked at no win no fee places, but it really isnt about the money at all,,Ive also had the brainwave of writing a letter and leaving it on the manager of the surgeries desk, just so she knows how I feel and that she is one of the causes ive left,,might not make her feel any different but atleast she will know im not the only one feeling this way.

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