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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   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.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

went for COVID test then worked until told was postive - i am being Disciplined - help!


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Hello all, hope this is posted into the correct category.

 

can you help me,

 

my girlfriend applied for a COVID test and didn’t tell me.

she told me on the day she received the test,

I asked can you book me into a drive centre and I’ll do mine there.

I had no symptoms, but wanted to test just in case.

I went to the test centre that evening , got handed a leaflet, done test, and gave back to centre, and drove home.

 

now the next two days I went to work as two off us are key workers on the railway, working in a bubble together.

when my test results arrived at the weekend they were positive ,

contacted work and work colleague to take test, which turned out positive.

then isolated as advised.

 

not at any point was I told to stay off work, my girlfriend didn’t tell me as booked it from home for me, or test centre, or even in booklet they gave me.

 

now at mo I have been suspended from work, during this investigation.


I have found this on government website:

 

There is no legal duty to self-isolate while waiting for a test result or if you live with someone with symptoms who has not received a positive test result. However, guidance remains that you do self-isolate where advised to, including in these circumstances, where there is no legal requirement to do so.

 

https://www.gov.uk/government/publications/coronavirus-covid-19-testing-guidance-for-employers/coronavirus-covid-19-testing-guidance-for-employers-and-third-party-healthcare-providers

 

They advise you shouldn’t go to work whilst waiting for a result, and of course I would of. Done this if I was told or read.

 

I would like some help please, as will have a disciplinary soon.

 

will I loose my job?

 

thank you 

 

 

 

 

 

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So, to check I understand correctly. You were concerned there was a possibility you had covid, you took a test and then went back to work for the 2 days after taking the test until the point that you found out the result was positive? 

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Yes, had a test on Wednesday, went to work Thursday and Friday and got results on a Saturday.

I informed my boss and work colleague straightaway.

now came out of isolation 10days and been suspended due to a investigation.

 

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  • dx100uk changed the title to went for COVID test then worked until told was postive - i am being Disciplined - help!

pers i don't think its fair your employers expects you to see into the future.

you had no symptoms - it was just a worthy thing to do.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello,

 

I think you need to get hold of your employers covid testing policy, and the covid-safe ways of working for your job - if you are in a bubble there is probably something documented. Also any training you had, get a copy of that; and talk to your union rep.

 

We need to know what was in place, and how it was communicated, in order to advise properly.

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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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Yes, had no symptoms, 

just took the test in case I was positive, and didn’t want to spread in case I was positive and carried on working.

 

On the test instructions leaflet they gave me with nothing on the back to say you should isolate now till you get test results.

 

so don’t know where I stand, I believe I haven’t broke the law.

 

as I believe there might not a employers covid testing policy in place, and not signed a document.

I have read about what to do etc.


I cannot check as suspended, but will ask for a copy.

 

 

Edited by Minty.
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I am a Union H&S rep and I would strongly suggest that you follow the advice of EMMZZI noted above.

 

Your employers are likely to have  made it  a requirement for all employees to advise them of any Covid issues.  So  there will have probably been a requirement to advise them of the Covid test taking place.  AND it may have been a requirement from your company to stay away from work until you had received the test result and then to stay off work for the required period if a positive test.

 

If you are in a Union, please contact your Unions local office rep or the Unions helpline.  

 

If you are not in a Union, it may be worth contacting ACAS   Advice | Acas

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3 minutes ago, unclebulgaria67 said:

I am a Union H&S rep and I would strongly suggest that you follow the advice of EMMZZI noted above.

 

Your employers are likely to have  made it  a requirement for all employees to advise them of any Covid issues.  So  there will have probably been a requirement to advise them of the Covid test taking place.  AND it may have been a requirement from your company to stay away from work until you had received the test result and then to stay off work for the required period if a positive test.

 

If you are in a Union, please contact your Unions local office rep or the Unions helpline.  

 

If you are not in a Union, it may be worth contacting ACAS   Advice | Acas


Thankyou guys,

 

I will ask for a copy of employers covid testing policy, and the covid-safe ways of working for your job, and any other documents.

 

I have a zoom meeting tommorow with the manager to discuss things, before my disciplinary hearing.  

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Good luck Minty - I'd also ask, if you can't recall having seen them, how they were communicated to staff. Just in a "remind me" way... :)

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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1 minute ago, Emmzzi said:

Good luck Minty - I'd also ask, if you can't recall having seen them, how they were communicated to staff. Just in a "remind me" way... :)

 

ok will do.

Thankyou , really helps me  guys.

 

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Had a chat with manager.

 

wanted to know when my girlfriend received her test which was Friday 8th jan when I was at work with my colleague.

so i isolated with her when I got back.

 

Then I received mine in the Saturday 9th.

 

I did ask about employers covid testing policy, and said it was all rushed, and didn’t go through it correctly.

boss said there is a section, if take test you must stay at home.

To be honest, wasn’t explained correctly and section were added it bit by bit.

 

I did asked about disciplinary procedure.

was it :

1 verbal 

mans two written warnings ? He said yes.

 

I have no verbal or any written warnings and been with them 3 years I think.

 

Then next stage is a typed up summary of I guess what’s happened, then the disciplinary.

 

I also asked about work colleague, he was not really eating his food, but getting better, also his parents have no symptoms.

 

So I don’t know where I stand at the moment.

 

 

 

 

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ok, so a verbal warning would not be the end of the world.  Do ask in wiring for a copy of the policy that was in force on the day you went for your test; which might be different to the policy that exists now!

 

But, if you are clear that you had not been briefed properly on the policy, and clearly were trying to comply - you showed good intention by taking the test and then staying home as soon as you had the results. You didn't want anyone to get sick.  it's clearly an unfortunate misunderstanding. Obviously now you know better, you'd do things differently next time.

 

I think if you're a good worker otherwise, this will turn out to be a storm in a teacup.

 

Glad to hear your colleague sounds like he's doing ok. Out of all this, that you are both doing ok is the most important thing.

 

 

 

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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Thankyou so much Emmzzi,

 

19 minutes ago, Emmzzi said:

Do ask in wiring for a copy of the policy that was in force on the day you went for your test; which might be different to the policy that exists now!

 

I didn’t really ask for it, but I did think that what you said and agree that got time to change it.
 

Then I hope it would be a verbal warning or a written warning.

I am just worried as the company had to get there lawyer involved, and I guess there the ones who are asking for certain questions to piece together.

Then they might advise what action the company should take?


Also, is possible to be sacked and bypass a verbal and written warning?

 

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Hi,

 

only if it's gross misconduct. and for that, it would need to be listed in the conduct/ disciplinary policy as something which is GMC. Can you get a copy of that too?

 

The company are most likely worried they have a liability, because they have not trained people properly in the process to be followed... so keep pushing at that. When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with? if you had known, you would have, of course!

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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4 hours ago, Emmzzi said:

When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with?


we work for southwestern railway, repairing their stations.

we have a big folder with everything in to each station we work on.

 

on the COVID section, it has not been read out on a toolbox talk, and I don’t know if and when it has been updated.

 

Our health and safety, gives it to the Forman to pass onto us.

the last one we had was maybe 4th of jan 2021.

 

we heard our health and safety was coming to job, and me and my colleague just filled in blanks with no foreman present.

so am sure I have signed this years without anyone explaining.

 

I did tell the manager that today, the office might get emails, but don’t pass it onto us and explain things.

They know this happens on site.


I will ask for:

copy of employers covid testing policy, 

covid-safe ways of working for your job

conduct/ disciplinary policy.
 

But worried they might of changed things.

 

Thankyou

Emmzzi so much with helping me.

 

 

 

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Ahhh come on .... you can't be signing things you haven't read!

 

Ok, let's see what they say.

 

Hopefully you are a member of a union? Great time to talk to them. Talk to them even if you aren't a member, this is wider than just you.

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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1 minute ago, Emmzzi said:

you can't be signing things you haven't read!

I know, learning my Lesson now.

 

Should get a email with everything on it tommorow. 

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Cool, pop back and I am sure we can try and help make sense of it.

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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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Just a update:

 

I received a email today:

 

Further to our meeting yesterday please find the invitation to a disciplinary meeting as discussed.

 

It is likely the meeting on Thursday next week will be held online by Zoom or WhatsApp unless you would prefer this in the office. We currently have a procedure where only 4 people are in the office at any one time and this would need to be booked in advance.

 

Please acknowledge receipt of the email and please advise if you would like a hardcopy of the letter.

 

The manager explained that they would send a email with all the details, and why I was getting a disciplinary for?

 

I just hope as I not had this, maybe a written warning? Hence :

“ would like a hardcopy of the letter” 

 

what do you think?

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there is no point in getting a hard copy; but you would like all the policies etc as stated. Zoom is fine. Did they say you can take a colleague with you?

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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I said don’t need hard copy, I will go to office and have face to face meeting.

They didn’t say about bringing someone with me, only as email above.

I will ask for policy’s if I get sent something, as I bet they have updated them after this situation.

 

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If it is a disciplinary meeting you have the right to be accompanied by a colleague or a union rep. If it's an investigation, you do not. Do you have someone to take?

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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just a update, i did receive a email attachment:

 

 Invitation to a Disciplinary Meeting


Further to the investigation meetings which took place with me, on Friday 15th January and Wednesday 20th January 2021. I am writing to inform you that you are required to attend a disciplinary hearing with myself on Thursday 28th January 2021 at 10am which is to be held at our offices.


The disciplinary hearing is being convened to hear the following allegations:


1.    That you failed to notify your line manager, in relation to your partner's COVID-19 symptoms, i.e. a temperature on 5th January 2021 and that you failed to self-isolate in line with Government advice;
2.    That you failed to notify your line manager of your requirement to self-isolate after you developed symptoms of COVID-19 i.e. a new cough on 6th January 2021;
3.    That you failed to notify your line manager, in relation to your partner's COVID-19 positive test and you failed to self-isolate contrary to Government advice;
4.    That your failure to self-isolate created a health and safety risk within your working environment, to your colleagues and to the wider public - in short, your actions and omissions created a risk, in which increased the likelihood of the spread of COVID-19 and put the health of your colleagues and the public at risk; and
5.    That in your acts and omissions as set out above you failed to adhere to the Company's health and safety policy, and the  Covid-19 procedure.
That the actions referred to above constitute serious negligence. That your acts/omissions referred to in points 1,2,3,4 and 5 when considered cumulatively have undermined the Company's trust and confidence in you.

 

The hearing will be held in accordance with the ACAS Code on Disciplinary and Grievance procedures as far as reasonably practicable taking account the size and administrative resources of the Company. I enclose a copy of the code.
During the hearing, you will be given the opportunity to respond to all the allegations above and put forward your case. The Company will then decide whether any of the allegations are well founded, and, if so, will decide on the appropriate sanction. This may include issuing you a warning and/or final written warning and/or if you are found to have committed gross misconduct dismissal with or without notice.


To enable you to prepare for the disciplinary hearing, I enclose a copy of the following documents which will be used during the disciplinary hearing:


•    Code of practice on disciplinary and grievance procedures;
•    Companies Health and Safety Policy Document (October 2020 version);
•    Companies contractors Coronavirus (COVID-19) Procedure;
•    Copy signature sheet on Coronavirus (COVID-19) Update 06;
•    Copy signature sheet on Fitness to Work Declaration;
•    NHS COVID-19 test result for Girlfriend  and
•    IMHS COVID-19 test result for You.


If there are any documents, including witness statements, you wish to be considered at the hearing, please provide copies in advance, no later than close of business Tuesday 26th January 2021. If you wish for any documents to be considered that you cannot access, then please notify me so that, if relevant, these documents can be obtained on your behalf. If you wish to call any witnesses to the hearing yourself, please provide their names in advance by no later than close of business Tuesday 26th January 2021.


The Company does not intend to call any witnesses to attend the hearing.
You have the right to be accompanied at the hearing by a fellow employee or an accredited trade union representative, should you wish. You are responsible for ensuring that your chosen companion is aware of the date, time and location of the hearing. Please let me know in advance by close of business Tuesday 26th January 2021 the name of your companion should you wish to have one present.
Please confirm receipt of this letter and your attendance at the hearing by the above-mentioned date, by contacting me via email.
If you have any further queries regarding the content of this letter, please do not hesitate to contact me.

 


 

 

 

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