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    • Well I'll deal with the questions as well I can. Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear. I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation. You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it. You don't need to put a lot of detail at this point. Have a look at that and see if it sums up your case correctly. Sue them at the registered address. Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.  
    • A complaint 12 Months after the event.....................   Complaints about GP's are taken very seriously. Its not surprising he wouldn't want to see you alone, maybe with a chaperone, but not alone.   So you intend to complain again................................   You had best be careful or the Practice will strike you off and then you might be stuck. Just see another GP at the same Practice and move on.   H
    • Good Afternoon all.   Please forgive my naivety, this is my first post and I would really appreciate some advice.    I purchased a Ford Ranger 2015 plate from Ron Whites Trade Cars in Wakefield on 18th Feb this year. I paid £6,700 on debit card and was given £4000 trade in for my 2010 Nissan Navara, so £10,700 in total. Inclusive of 6 months 3rd party warranty.   I had recently been diagnosed with secondary cancer in my bones (including spine which affects my mobility) and needed a reliable vehicle to travel to and from hospital of which I made him aware of. Also that I have several dogs and horses and therefore needed a pick up.  My dear Dad helped me with the cost of the car.    At my request, he put a new MOT on it and I collected it a few days later.    On Thursday 9th May, having driven no more than 500 miles from collection,  I was driving at about 45 MPH, when I was approaching a 30 MPH zone and a busy crossroads, and went to apply the brakes. The brakes failed (as in nothing at all) and I had to slow the car through the gears and apply the handbrake narrowly missing several cars.  I can't tell you how frightening it was, and I have been scared driving since.    I called Ron Whites Trade cars ltd and spoke to the dealer.  He told me to call the warranty company. Which I did. They advised me to call a tow truck and tow to a VAT registered non-main dealer.    The warranty company - clearly not worth the paper it is written on - said I need to show full service history. I realised then (my bad) that it never came with FSH, despite the advert declaring that it did. I have screen shots of the advert that verify this.   The garage where it was towed to called me the next day and asked how long I had had it. I explained not long. Their head mechanic said an unaligned fitted part - fitted prior to purchase (vacuum pump to brake servo?) has caused the damage and it was likely to be a very large bill. He advised me to call the dealer and under the CRA 2015 ask him to repair it or reject it.    I called him back and without going into details - he refused to help. The mechanic from where it is currently sat also had several conversations with him. Apparently the dealer became quite threatening and abusive.  The mechanic advised him to come and collect the car and repair it as he should do under CRA 2015. The conversation ended with the dealer telling him to just fix it and bill me.    I emailed and sent a recorded letter on 10th May, advising them to collect the vehicle and repair it or pay the garage where it currently stands or I shall take legal action.    I heard nothing.   I am now going to authorise the garage to carry out the repairs and will be seeking costs through the small claims court.  I have researched the company and they have a large selection of vehicles, last assets were recorded at just under £600k.  Most of the stock is stored at the Director's home address. Which is where I purchased the car from. Although the receipt states Ron White Trade Cars Ltd.    I desperately need the vehicle and although I have an old Peugeout 106 as a loan car - I can't possible carry out my hobbies and usual daily life in it.   My poor Dad is lending me the money to repair it.    My questions are:  A) Can I start the small claims process now? The reason is that I have a DS1500 form - which basically means I may have less than six months to live - but hopefully more! Could the case be expedited in order I can settle things sooner for obvious reasons?  B) Do I sent another email/text advising that tomorrow I will start the claim? B) I have no idea what the total bill will be until the car is fixed - so do I claim an 'undisclosed amount?' C) What wording do I put on the form - what detail should I absolutely not miss out?  D) The registered address on Company House is that of an office elsewhere. I assume the accountants address. I collected the car from his home address (approximately 30 other cars were there) so can I send the court papers to this address? E) Who do I put on the papers? Ie Ron White trade cars ltd. Or the director I dealt with (of which there are 3)  F) I have been advised to get an independent report - but this is going to delay the process even further. The mechanic has advised he will take photos and written evidence. Would this suffice before a judge?    I'm very grateful to anyone who has read this, and apologise for such a long post.  Many thanks         
    • 2 years ago I made a complaint against a GP at my surgery....the reply I received was the GP could not recall the events (in the complaint) because the GP see so many patients a day and the complaint I sent was 12 months after the event.   Now to what happened recently....   1. I had a appoointment at 10am with the same GP I had made a complaint againt over 1 year ago...I booked myself at reception and waited, waited when it was 10.20 I asked at receptionion when would I been seent, as my appointment was at 10am. A receptionist told me 'There has been an emergency of some kind with a patient...so that has caused a delay and your appointment will now be moved to another GP' - I asked why the appointment was moved and was told 'sorry I cannot tell you' and you will be seen soon.   2. 10.30am and still not been seen so I asked another receptionist, she checked the computer system and told me the GP (name) has refused to see me because I made a complaint against him over 12 months ago and now my appointment was being moved to a different GP and I had to wait. I told the receptionist this was wrong and the GP had to be impartial as a GP and he was making this personal by not seeing me.   3. Eventually I was called and saw a different GP and explained to him what happened and the GP I had originally had an appointment with had refused to see me because of a complaint I raised against him over 12 months ago. The GP I was with was shocked and surprised and told me that GP should not have refused to see me   NOW I need your help to write a complaint, please can you help me
  • 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
        • Like
      • 0 replies
Hacked_Off

constructive/unfair dismissal, non payment of wages/holiday, no contract AND GDPR breach!!

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bit long winded this one, sorry folks. I had been working for an outsourced company in a well known bank.

 

Whilst in training I received strange emails from the trainer. This was following from a

conversation in training were I asked a question. He explained (in answer to my question) it was in relation to couples who had a joint account and subsequently split. He said “say you and I were in a relationship”. Three days later I’ve seen he’s gone into my email and sent himself an email

from my account/computer “that joint account we were talking about, do you fancy it? Can we get back together” (paraphrased, I have a copy) One of my colleagues saw this email and told me to take a copy to “protect yourself, that's really bizzare”.

 

I replied to him saying “he’ll nah” thinking nip that right now! he’s then ran into the class in front of everyone and said “not up for it no” then left the class. From that moment on every single word that came out of my mouth he seemed to take offence to. Everything. Even just hello. The end result being I chose to just sit in silence in the corner, segregate myself from everyone else, keep myself to myself and not speak to anyone. I did speak to the manager about it and she told me

“I get on with him so..” and that was that.

 

Once he told off a member of staff for coming in hung over. Fair enough. However, the next day he’s come in hungover himself and stated “I’m hungover I can’t be (expletive) training you

today”. On another occasion I had a difficult call and he grabbed a team leader, they then proceeded to stand watching, laughing at me.

 

On another occasion during “coaching” he took my entire group out for a smoke I “wasn’t allowed until she asks me herself”. i stated "I'm not engaging in that power game, sorry" I was then left sat alone completely ostracised whilst they all went out for a smoke. It later came to me that

during this he’d called me a “bitch” I then spoke to his manager who agreed I had a legitimate complaint “but she’s off today so” and that was the end of that.

 

 

We’ve then gone onto the floor and continued training. We were told we would receive multiple one 2 one coaching. This happened once. When these coaching sessions had been booked onto our schedules we’d be left sitting around doing nothing for hours. the manager told us “the training we said were giving You’re not getting it , I don’t have time”. On the one occasion I did receive coaching I had a call fail for following incorrect procedure. I explained I remembered

the call and put my hand up and did what the trainer told me to do. I still failed. This happened multiple times with different members of staff.The end result was hoards of new staff(and old seemingly) on the phones not knowing what their doing (and saying it). I witnessed several regulatory breaches at all levels of staff..

 

I am PTSD (undeclared, following on from being stalked for two years by a colleague, sexually assaulted and suicide attempts..) and found this exacerbated symptoms. I didn’t

declare PTSD to the employer however i did state to trainers the lack of appropriate training was causing severe anxiety attacks. Nothing changed.

 

During my time on the floor training it was agreed that mine would be extended for another week. I was entirely happy with this and expressed the fact that I was going to ask anyway. A few days later I’m told oh no that’s not happening now your going live Monday. I had zero input in this. Decisions are being made around my development with zero input from myself. I stated to them outright "I don’t know what I’m doing!!!"

 

So I’m making my way to work Monday 24th December and had a panic attack in the street. I’ve not had panic attacks for 6 months. I just went home and txt the recruitment number “it’s not for me”. This was a clear resignation with immediate effect.

 

Training group;

 

Bullying was rife amongst this group. One in particular would talk about everyone when they were not around in a derogatory manner. According to this individual several members of staff are “sociopaths”. She would mock me to my face around my degree “shut up about it”. I suspect jealously because we did the same degree and I did better. This individual would relentlessly pick on someone in the group (who had an obvious mental disability of some sort, autism or something I wasn't rally sure). He’d speak in class and this individual would mutter “shut

up” he’d sit next to us and she would intentionally and deliberately move away from him then stand around giving dirty looks. He picked up on it because he came and spoke to me he told me it was “making me sad”. I could give many many many many more examples of this persons

behaviour.

 

Another individual, the self confessed personality disordered individual(bpd). She started spreading rumours about me and a trainer. I was "into him" apparently, I wasn't. Rumours that were entirely baseless, again. She can deny deny deny but her “friend” told me And I heard her talking about it with my own ears.

 

When I would sit next to the group she would intentionally move away and I’d hear her talking about me. On another occasion this individual was making £5 bets on “who would cry first” this is so nasty I have no words.

 

One of the trainers said to a colleague “I come in here and play with my phones then I go home and play with my girlfriend..” hes 55 shes 19...bleughhhhhhhhh

 

Another time this trainer was ‘helping’ me I got something correct myself and said ‘was I right,yeah?’ He said ‘had to happen sometime didn’t it..”. Bullying. This particular trainer got "barred" from being around trainees because of multiple complaints around his behaviour.

 

 

Wages;

During the 24/12/18 and 7/1/19 I received no communication whatsoever from the employer. I have then emailed on the 7th jan asking for confirmation of what my final wage will be.

The response was;

“Hi x,

Your final pay will be 28th Jan due to your leave date.

You will received payment on Monday 14th with any hours

worked up till 6th Jan then on 28th you will received any

remaining hours due and leaver Annual leave.

Thanks

x

Executive – Compensation and Benefits”

 

I have then received a payslip which just states states “zero”. no deductions nada, just blank. I’ve queried this stating, as per your own timescales I left on the 24th and therefore should receive 1 week outstanding wages and outstanding holiday pay on the 14th jan NOT the 28th as per your own email. At this point someone should have joined the dots that something had gone wrong, they didn’t. They then proceeded to IGNORE subsequent emails and failed to respond or amend my pay.

 

I have then received emails a supposed HR senior:

“Hi x, I requested the details from our team and they confirmed an AWOL letter – request to contact was sent to your address and email as attached both on 27th December.

 

 

As they failed to hear from you it proceeded then to a disciplinary on 7th January again the invite dated 3rd January 2019 was sent to the address we have on file. This meeting went ahead in your absence and was held by x and x. An outcome letter was then sent to you via post which I am happy to hear an appeal should you wish to send through.

 

Can you send me this evidence of your resignation so I can review ( I sent this twice one week prior fyi)? If not, can you confirm who you sent this to and to whom did you resign on the 24th? This resignation had not been cascaded to the team and thus your leave date being 7th Jan via dismissal due to AWOL. If you have evidence of sending your resignation then I can deal with the

appropriate person as this has clearly caused a number of issues none more so than your final payment date being pushed back to the 28th January.

 

Regarding names, that’s fine although this can limit our investigations which will be carried out by the training manager when on site in x next week.

 

In regards to your pay & any outstanding monies owed by

the company:

Ø You will be paid firstly for hours worked from 23rd Dec –

6th Jan on 14th January 2019.

Ø Your final pay will then be on the 28th Jan which as both

x and x from our Payroll Dept. has advised will include

any outstanding hours and unused AL."

 

None of these communications were received by myself. I have then received a call from someone on the floor stating there has been a “ GDPR breach”. In that all the wages are incorrect and members of staff have other people’s personal information contained in their own

payslips. I was also told they were “wiping the system clean and in putting everyone’s data again.

 

No one from x informed me of a data breach.

 

I have then received copies of the email/letters x claim to have sent me. The email has gone to an address that isn’t mine. The letter has gone to a postcode that isn’t mine. The letters contained within are marked “private and confidential” and contain private personal HR information.

This is causing distress. in that I have not left my home for days, I'm trying to secure accounts, I cant eat, I have not slept, days later I have not received a single response from the employer regarding the breach. I am losing my mind.

 

I have been paid zero.

 

Recently I noticed my mobile number has ben used to sign up for shortcode txts. i didn't do this. I DO NOT give my number out. ONLY for work. I believe the two are related. I pointed out this breach to x on the 11/1/19 they seemingly hadn't noticed, it is now 14/1/19 and I have received not one single response from them.

 

I believe they have not noticed this breach, it was me! I have spoken with the ICO who tell me the breach (ive filled in the personal breach report form myself) hasn’t been reported (yet) I believe the 72 hour time limit is breached-the letter sent out was dated 27th December 18.

 

So I have been unfairly dismissed based on data that wasn’t received and has breached my personal data! I also have not been paid a single penny today on my

wages. Nothing. I am now unable to make rent and again

exacerbates symptoms of PTSD.

 

I also didn’t receive a copy of the contract, despite asking.

 

what can I do here?

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Hi.

 

How much of what has happened do have documented or recorded? If you can't prove what you're saying you could have problems advancing your case.

 

It is a very long post, as you say. If you could manage to do a precis of the main problems with a brief description of each, it might help people here to start advising you.

 

Could you clarify who you were working for please, an agency or the outsourcing company? I assume it wasn't directly for the bank.

 

HB


Illegitimi non carborundum

 

 

 

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so, it is not constructive or unfair dismissal so forget about that aspect.

get as much detail as you can about the data held on you by the agency and the bank.

do your own calculations as to how much holiday pay etc you are owed and send them a bill, youarent getting paid yet so they may well tell you that you are owed £x anyway and you can then ask where they got their figures from.

 

break it all down into separate bits

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Hi.

 

How much of what has happened do have documented or recorded? If you can't prove what you're saying you could have problems advancing your case.

 

It is a very long post, as you say. If you could manage to do a precis of the main problems with a brief description of each, it might help people here to start advising you.

 

Could you clarify who you were working for please, an agency or the outsourcing company? I assume it wasn't directly for the bank.

 

HB

 

I cant nub it down anymore, ive already missed loads off!

 

I was employed directly by the outsourcing company not the bank.

 

I have everything documented- emails, notes, txt messages etc

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so, it is not constructive or unfair dismissal so forget about that aspect.

get as much detail as you can about the data held on you by the agency and the bank.

do your own calculations as to how much holiday pay etc you are owed and send them a bill, youarent getting paid yet so they may well tell you that you are owed £x anyway and you can then ask where they got their figures from.

 

break it all down into separate bits

 

Forget it on what basis?

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I am now unable to make rent and again

exacerbates symptoms of PTSD.

 

First things first.

 

You need to see your doctor or specialist. I think you are aware your thinking is a little confused, and you need help with that as a priority.


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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you werent employed long enough and you walked, as is your right but you ddint go through the grievance procedure so that kill the constructive dismissal claim and you werent dismissed so it cant be unfair.

 

you didnt raise the health issues with employer at the start and it isnt clear who set your work, the bank isnt your employer.

 

As said focus on what you can show and get any money you are owed and seek help rather than letting somehting you cant change eat you away. Small victories are still victories.

Edited by honeybee13
Paras

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I'm sorry, but a text saying "it's not for me" on the day you "resigned" isn't a resignation; so a dismissal for going AWOL is not inappropriate. The dismissal stands.

 

Past that, you do not have sufficient length of service for an unfair dismissal claim, constructive or otherwise. You have no evidence of any of your allegations, and it isn't even very clear what you are alleging. A lot of immature and unprofessional gossiping certainly - but I'm not actually seeing what you say is actually unlawful, and I'm not seeing any evidence that you did a single thing about any of the allegations, such as submit multiple grievances. Nor am I seeing any evidence of discrimination - or any grounds upon which to claim discrimination.

 

Beaches of GDPR are largely paper tigers. If you wish to complain to the ICO you can, but the chances are that a slap on the wrist is the worst that will happen.

 

As far as I can see, you are entitled to be paid until 7th January - less those days when you didn't turn up of course. Plus any accrued holiday that may be owed. I think you need to settle on that and move on.

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