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    • well be careful if the debt is above £600 you could have HCEO bailiffs at your  and for the want of logging onto MCOL and typing just as your are here  - it could all be simply sorted.   dx      
    • well they do have an alternate, do nothing.   I cant see a past thread on this? why didn't you come here and ask for advice first?   all your threads have a nasty trait you still haven't got out of and that's blindly contacting DCA's    you have never earned above the threshold you should have simply sent a new SLC deferment form.   in a way I think you've paid this money under duress when you had no need too.        
    • Interestingly I've just had another alert on my Clear Score report:   Upcoming Updates A new credit or store card will be added to your January report. Organisation Name: BAIA0090 Account Number: ****9048 Company Type: finance house What does this mean? This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report. Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignement or anything.  
    • Sorry i am Not putting details in here. This bank i did have an account with in 1993. That is the last time i used them.   I am going to let them ccj me.   I am not going to even think about this any more. My bin will get the letters and my door will be ignored.   Thank you for the interest but i will waste time for another 6 odd years while i get my mind right All the best
    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
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I work for a cleaning company contracted to a bus company who own the cleaning company.

I have a written contract stating my job title, role and hours and days to work.

Monday-Saturday 12.00 noon to 6.30 pm.

My contract states "you may be asked to do other work"

 

When my colleague was on his holiday, I did 2 hours overtime which was 10.00 am to 12.00 noon then start my own shift 12.00 noon to 6.30 pm.

 

I sent my manager a letter in October stating I was stopping overtime due to the lies and false allegations from 1 of 2 women working for the bus company so, would carry on with my normal working hours 12.00 noon to 6.30 pm.

 

I received a phone from the secretary telling me my hours have changed and I now start at 11.00 am to 5.30 pm for this week while my colleague is on holiday. (I know that I will be told to do this every holiday he has)

 

When I said I am doing my contracted hours because if I start from 11.00 am that is an extra hour for the woman to make false allegations and harass me and, is also classed as forced overtime and it has been changed to suit my manager.

The secretary said in a raised voice "manager said "YOU'VE GOT TO DO IT"

 

I contacted unite the union,

the area officer told me "you stay where you are and submit a grievance against her stating that she has broken the "status quo" and has not given the change of hours in writing which has to be done by law. 

 

I also had confirmation of the same by ACAS who also said that she has to put in writing my contracted hours and also state that when my colleague is on holiday,

my working hours will change according to his holiday entitlement.

 

The unite union area officer said that my manager is forcing me to do overtime (11.00 am to 12.00 noon) even though my hours are still 6.5 but they have been changed to cover holidays rather than her find somebody else to do the holiday cover.

another colleague can do this because he finishes his work at 12.00 noon which is where I take over although in a different area, just round the corner.

 

I submitted a grievance against my manager last year for being one sided towards me and for bullying.

If somebody submits a complaint against me, she and believes them and gives me a bad boy mark.

 

Last year she gave me a bad boy mark stating that my colleague has submitted a grievance against me.

I later found out that the grievance was not against me but against a driver in the bus company that I am contracted to.

 

My manager told me last month if I don't communicate with the bus company staff (the 2 women causing trouble)  (I only communicate with them when I have to) 

she will have to remove me from the building.

There is no other department in the company to work for so, I take it she means she will sack me.

 

Every law book and organisations including the government web page and ACAS and the union, states that she has broken the status quo.

 

My grievance against her is to be heard on November the 13th.

Any help on this matter will be gratefully appreciated.

Thanks

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have you submitted a grievance about the lies? I think you're chasing the wrong problem.


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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your contcat had stated hours and you were asked to do overtime for a limited period and this was extended.

You gave notice that you would no longer do the overtime ( nothing wrong with that as the quoted bit in your contract refers to other work, not other hours)

the company have now unilaterally changed your start and fish time so you have submitted a gievance about this.

If your grievance is about anything else ir drags irrelevant things into it then its effect will be massively diluted. You are not doing any extra hours.

You need to make it clear to your union rep that what you want is your original hours and this doesnt look unreasonable as they have changed someone else's hours to cover your original shifts.

If your manager cnat agree to this then you need to ask the company for copies of all of the personal data they hold on you as a Subject Access request under the GDPR. they have 30 days to comply and it would include all of the  correspondenec between your manager and anyone else where your name appears or where you can be identified by the content of those letters/emails.

Now if someone has made allegations about you they shoudl eb included but edited so their personal details are kept private. Many companies try to stop you seeing the letters because of "confidentiality" but it is easy to redact them so the person accusing you remains anonymous

 

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Thanks ericsbrother. I was absolutely certain that I was right in what you state here although, I was unaware about Subject Access Request.  I shall mention that to the union officer next week.

 

Your help is gratefuuly appreciated.

 

diecastdave

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the understand that the change of hours isnt an increase in hours and needs to be looked at in the light of what is reasonable regarding the operations of the company and your right to a private life by considering any obligations you ahve for caring for someone else for example.

If you are saying no for the sake of it find out why they want to chaneg you start time and see if they are prepared to sweeten the deal.

treat the complaint regarding conduct separately and get anything that is wrog removed from your files

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My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me.

The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager.

Is this a conflict of interest?

Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing.

I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment. 

He is certain that I am correct .

Any help would be gratefully appreciated.

 

diecastdave

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Could be a conflict of interest but if a family owned co you are not likely to get anyone else.

can be someone of the same level.

in all my years involved in union activity I have never met a licensed union chairman so mehtinks that you would be better off seeking independent advice or speak to the current branch officers of the union that has recognition/representation .

If the confusion shown in your posts is translated into the workplace grievance procedures you may well end up worse off than with a simple and coherent presentation of your case so get someone else to be with you, ideally someone with the authority to actually represent you or the managers will fiond it difficult to undershatnd what it is you want

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In my contract, it states that "you maybe required to do other work and yours hours may change" I use to cover a colleague when he was on holiday. I would do 10.00-12.00 noon then start my contracted work at 12.00-6.30 pm. When my manageress received a letter telling her I will no longer do overtime which was 10.00-12.00 noon she immediately changed my work to 11.00-5.30 pm for the week, using the contract "you may be required to do other work and, your hours may change"  My contract mentions nothing about "it may be short notice"  am I correct or incorrect telling my manageress that, she has to put this in writing. 

ACAS told me 2 weeks before the meeting that the manageress should have told me in writing that she wants me to do the different time.

According to ACAS she has broken my contract. The union officer is a bus driver but carries out union representation when there is no other officer available. He said that my manager was in the right. Please confirm whether ACAS or, my manageress is correct.

 

Last week I had the grievance meeting with the Daughter (project manager) of the manageress although, a director, probably one of the shareholders, told me the meeting would be with the manager who the grievance is against.  The PA was taking notes alongside the Daughter, project manager. They used that "your hours may change" clause stating that the change of my time was only temporary but, refused to confirm that it will happen again. Because I use to cover my colleagues holiday, I know the manager will use this permanently, using the clause in my contract.

Your help is always much appreciated

DiecastDave

 

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changes to employment contracts need to be agreed but for you to take an employer to court or a tribunal the chages must be major ones.

IF the change was down to a colleague being on holiday then it will be allowable and you wont have any redress in law.

So what hours are you working now or what do they propose if they are different to the original 12.00-6.30.

 

Your bandying around of terms like " daughter of the manageress" "probably one of the shareholders" is meaningless and causes confusion, which is what I have warned you about previously as it makes it very difficlt to form an image of the organisation and the people involved.

Tell us what their job titles are as the person filling the position is irrelevant . We want to try and undestand the organisation so a list of who is involved and who they answer to wold be helpful. So your manager(job title) answers to (job title) wo answers to Managing director ( who owns the company along with- for example) Also make it clear if this company is part of the bus co or contracted to work for them. If that is the case does the company have any other contracts it services at other sites or businesses?

 

However from what I have garnered there is little mileage in taking this outside the company as the changes are temporary and not large enough to warrant a renegotiation of your contract. If others are affected then this opinion would change as the magnitude of the effect would be greater and consultation would be necessary before the changes implemented.

 

youa also havent answered the point about why you cant work the alteredf hours. If there is a reason such as childcare or other family reasons then the employer should be formally notified of this and the  relevant legislation utilised to progress your side of things to keep the hours exactly as they are. Other than that what exactly do you hope to achieve by fighting over changed hours for a couple of weeks a year?

 

this is still separate from the other matter regarding incorrect applications of disciplinary measures for a complaint about someone else which your SAR should ahve helped resolve, esp if the union was involved. if you are still muddling the 2 things together you may never get to the bottom of this either.

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