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    • 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
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      • 0 replies

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I am representing myself in a constructive dismissal claim and am starting to feel a little overwhelmed by what lies ahead so grateful for any help and advice I can get. I have already submitted my ET1 and am awaiting a copy of the ET3 which my employer’s solicitor submitted three weeks ago.  I have been researching online and reading ‘Employment Tribunal Claims’ by Naomi Cunningham and Michael Reed which has been very useful.

 

An issue has arisen on which I need some advice as it might require an amendment to my ET1. While working my notice in October 2018 my manager informed my team that she was nominating us for a ‘thank you ’team award and that, if the nomination was approved, my award would be forwarded to me. It transpires my colleagues got their awards end of March. I hadn’t received anything so I contacted the HR help desk of the government dept for whom I worked and they informed me they had not received any nomination for me from my manager.  I wrote to the head of HR of said government department asking for an explanation and enclosing a copy of an email in which my manager stated she had nominated me.  My manager’s email did not reference any policy which would prohibit me getting the award which was for work already completed and not part of an incentivised retention scheme. The deadline for HR’s response is nearly up and I am not expecting them to reply.

 

Given that one of the reasons I resigned is that my manager singled me out for unfair treatment I feel this latest development is relevant evidence to my existing claim.  There is no specific calculation I can use to determine what the award should be so I presumably I cannot claim unauthorised deduction of wages.  Can I claim it amounts to a breach of contract and ask the ET to add some comments to my existing claim?  Presumably I would also have to inform the respondent’s solicitor?

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Hi and Welocme to CAG

 

I have moved your thread to the appropriate forum hopefully you will get a response.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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Thank you.

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Setting aside an email from a manager which is not contractually binding on the employer, do you have anything available to you that makes nominating you for an award a contractual term?  Is there anything that says that you are contractually entitled to a financial payment- because there can't be an unauthorised deduction of something you aren't entitled to. 

 

You do not need to amend the ET1, if all you are saying is that this is another piece of evidence in respect of the claim you have already submitted. You  amend to add claims. The ET1 is a summary of claim, not the absolute detail. So I can see no reason why you need to amend. That does not, of course, mean that it is evidence of anything either. 

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Sangie5952

 

Thanks for such a prompt and informative response.  I have checked my 'Statement of Particulars of Employment' and there is no reference to bonus/thank you awards so it appears that an unauthorised deduction doesn't apply.   If I am not amending my ET1 can you see any reason why I cannot include this in my witness statement?  My concern would be that I had not given the respondent's solicitor sufficient notice of this new fact. 

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The “fact”, and I use that term guardedly, is that you allege a breach of contract so significant that it justified your resigning - "constructive unfair dismissal". That is the fact that you are claiming. You are discussing evidence here - something that proves the fact. Evidence does not need to be included in the ET1, and few would include anything more than a cursory overview. The tribunal does not "hear" your ET1.  They hear your evidence supporting the allegation you made in your ET1. Do you understand the difference? So evidence may still be collected and may come to light. Technically, right up to the hearing, although, in practice, you need permission to include any evidence not disclosed in the exchange of bundles. 

 

If you have already exchanged bundles, although seems unlikely, then you would need the permission of the tribunal to add further evidence. 

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Sangie5952

 

Thanks that has clarified what the ET1 form represents. We haven't made disclosures yet so I can include the relevant evidence then. Appreciate your help many thanks.

 

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