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    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation.
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
    • What about?   Dear Sir / Madam I dispute your ' parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.   You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.   Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.   Yours faithfully
    • Hi. Another update, another request for assistance/clarification of legal jargon.   So I completed the above steps within the timeframe required, and have since been waiting for any correspondence from court or claimant regarding any further steps. I have actually been expecting a date for the case to be heard at my local court.    But instead, yesterday, I received a further letter asking for further info.    I won't bother to scan it because it is quite short - so verbatim this is what it is/asks:   Again it is a "General Form of Judgment or Order"   And states:   "Before Deputy District Judge xxxxx sitting at the County Court at xxxxxx."   IT IS ORDERED THAT   1. By no later than 4pm on 12th December 2019 the Defendant shall file a formal defence to the claim"     So, my question would be:    Is this now my cue for a "witness statement"    I'm assuming I now need to expand on my original defence way back within the first 28 days after the claim was served on me?    So, I will be "picking holes" in the info provided by the claimant - focusing on the lack of "signed credit agreement" - and the default notice served by the original creditor - on which the claimant relies on their own internal management system?   Assistance much appreciated.    Thanks B  
    • send an Ericsbrother snotty/insulting letter as in many no stopping threads already here.   dx  
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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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