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    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
    • No!   Not because what you've written is wrong - it isn't - but because it's best to keep Simple Simon in the dark about how you are going to bat off his claim.   Look at   https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/   and then scroll down to   Q2) How should I defend?   Adapt the defence there.   The more you read up on VCS "no stopping" airport threads here the more you'll educate yourself on what needs to be done.
    • Defence :   1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   is that enough?
    • ???? why have you been paying for repairs on a car that WAS NOT YOURS!!!   stick your camera on vdo and use a selfie stick under and in the engine compartment. too.   dx  
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SSP being withheld - Legal?


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I'll keep this short and sweet. 

 

I have been employed by a large company for 4 months, I was put on 6 month probationary which is standard. Within my first month I was put onto a year training course and signed a document that stated if I leave within two years I will have to pay back the course fees, at the time I didn't think much of it, I planned on building a career with the company. 

 

Fast forward a few weeks and I was signed off for 3 weeks with depression, I got sick notes from the doctors and sent pictures to my manager. I asked if I could go back to work as I felt fine and my manager said no, unless I had a fit note. My doctor said I did not need a fit note, as stated on the sick note, he even said my manager could call him and he would verbally confirm that I was able to go back to work. 

 

I passed this information on and she insinuated that I was lying in terms of my doctor giving permission for her to call him, he under no circumstances was going to discuss my health with her, he was only going to verbally confirm my right to go back to work (I have a voice message from the doctor giving permission) She told me my pay was suspended as I hadnt provided the original copies of my sick notes, the first week she was happy for this to be sent via text but then changed her mind this morning, she needed the originals with payday being on Friday. 

She asked me to go in today for a formal meeting, I agreed and said 1:30pm as it was a time to suit us both, I then missed a call from her, she left a message asking me to go in on Monday for my return to work and probationary meeting, but she will still not release my SSP as I am in breech of the learning agreement and I owe the company money. 

 

Are they legally allowed to not pay SSP? 

I am in the process of writing a letter to HR to question the learner agreement within my probationary period and if this is legal. 

 

Any advice would be a big help!

 

Thank you!

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have you given them original fit notes yet?

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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so, you do need to follow their procedure. 

 

My understanding is you do get SSP - see here

 

https://www.gov.uk/statutory-sick-pay/eligibility

 

However, if you are leaving and you owe them for training per the contract you signed - they could offset against the fees. Technically there's a load of stuff around minimum wage and the way they get the money back. 

 

Are you quitting/ being dismissed? I am confused about why the fees have come due otherwise.

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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They have changed the procedure part way through. It has gone from the sick notes being accepted as a picture via text to them suddenly needing the originals. 

 

The fees are for a learners agreement, but my understanding of what ive learnt so far is that they are not allowed to withhold ssp, any monies owed need to be recouperated after the ssp has been paid. Although employers cannot claim it back from the goverment they are still elgally obliged to pay it. 

 

This is why ive asked, just to clarify what ive learnt along the way. 

 

They are dismissing me as I have been off with depression during my probabtionary period. 

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Ah, sorry to hear that. I hope you feel better soon.

 

Technically they should pay you SSP and then go after you (in court  unless you reach an agreement) for the learning fees. However check the learning agreement carefully to see what it says about dismissal. Sometimes that is a specific exemption. Sometimes not. I am wondering if it is actually an apprenticeship, as it was a surprise, and over a year?

 

The reality may be that they are coming after that money one way or the other; and there is no way to force them to fork out now, without court.

 

But, do ask for a breakdown of what they say they are due. Sometimes it's a bit dodgey...

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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so what training course did you go on that has warranted them to spend money on it?

Where was the course, internal or at a college where they have to pay fees?

can they claim the fees bac from the collegek as you werent there long enough to attend?

The idea of the condition in your contract is to mitigate the course fees not to profit from you if you leave befor 2 years. they sacked you so does that mean you can no longer attend the course (if external)

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