Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Colleague malingering


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 682 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My colleagues and myself are very annoyed with a colleague. She is lying to both her GP and my employer by getting sick notes for ‘gallstones’ when she is looking after her grandsons. Her retired husband does nothing around the house. 
 

This colleague and two others were transferred to my current store when their previous store closed 18-20 years ago and at this time, she had her gallbladder and bile duct removed. How can her GP issue sick note for something she can’t produce (gallstones) anymore??
 

This colleague only worked about 6 months out of 15 months.  She only worked a max of two months before she is off again. When she’s at work, she is late for her shifts, never made up the time, made feeble excuses, upset customers and  is a liability.


She is on a final written warning back in Feb. She’s not answering her phone at home (she doesn’t have a mobile) or letters  sent.  Only time we ‘hear’ from her, is when her neighbour hands in another sick note. Colleague lives a few miles from work.

 

If anyone else did the same thing, we would have been dismissed.

 

I think she’s getting SSP as full sick pay lasts 6 months.

 

The two colleagues who worked with her at the previous store did approach the previous store manager who said he can’t do nothing.

 

What do you suggest.

 

We won’t be happy if we see her at work

Link to post
Share on other sites

Hi Mizzy, certainly not my specialty however I've experience managing large teams.

 

The only real thing you can do is approach your manager ( as they are responsible for resources ) regarding the fact the absence is affecting the team as you are a person down, it is up to HR to manage the absence policy and they will be very much aware, there's clearly information you are not privy to as well.

 

As for your other comments relating to the medical history, I would suggest this is none of your business and perhaps you don't know the truth given the fact the GP signs her off based on symptoms. A GP has access to medical records... again this information (why she is off work etc) is none of your business nor should you know any details, what you think you know is simply gossip and hearsay.

 

So really, my suggestion is simply highlight it (without condemning) and get your head down, pick up the slack and show your manager you're a grafter not a whiner

 

I know that's likely not want you want to hear, but I hope it helps you move through this

 

BT

 

 

  • I agree 2

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

Hi Mizzy

 

I have to agree with Badtimes123

 

You don't actually know why your colleague is off sick at present as you will not/should not be privy to the sick notes signed by her GP and what they state.

 

You and your colleagues are jumping to a certain conclusion without knowing all the facts which only your Companies HR and her Manager will be privy to not the Employees which you are.

 

How are you aware that this individual is not answering there phone (unless you or other employees are calling them) and not responding to letters from the Employer?

 

As for the two colleagues who worked at her previous store approaching that previous store Manager about this they are lucky that said store Manager did not report that up the chain to take Disciplinary Action against them why as this could be seen as Bullying and Harassment of an Employee that is off sick. So they are lucky as said that Manager hasn't report this matter further.

 

My air of caution for you and the other Employees that seem to have an issue with this specific Employee that is off Sick you need to be really careful in what you are doing as this could be classed as Bullying and Harassment of an Employee especially one that is of Sick and could back fire on you especially if the Employee off Sick becomes aware of what other Employees have been doing and raises it with the Employer.  

 

If you and your colleagues are struggling due to an Employee being off sick then all you can do is raise the matter with your line Manager that you are struggling due to this absence to see what action they take to assist you.

 


 

  • I agree 1

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

We know that the colleague isn’t responding to any contact as the managers have said so. On the last occasion, her husband answered the phone and manager heard her in the background asking her husband to put the phone down!

 

Why do you think the two colleagues that knew of her gallbladder and bile duct surgery should get disciplined? When each employee has all their sick notes and returning to work interview notes from

the beginning. All it needs is a manager to go through all her notes and notices she can’t produce gallstones. As myself had both gallbladder and bile duct removed. 
 

i don’t think this colleague knows what implications she is causing or what we think of her. As she’s in her own selfish world and she cares for nothing about the team. Whilst we are team players and don’t mind doing certain things. On the very few times she has been in, she contributes to very little.

 

Also another thing she does regularly is to say she needs to visit the loo, when she has been in the canteen (no canteen staff) having a coffee. We have to tannoy her back to the dept. Management have caught her doing this and is on her records. Plus her lateness. Five minutes before her shift should end - remember she never makes up the time she’s late, she constantly moans about who is taking her off. 
 

Every colleague and management are fed up with her antics. The store management’s hands are tied by HR and they understand our frustrations with her.  Even when the manager received the latest sick note, she looked stressed.

Link to post
Share on other sites

Sounds like they may soon have their employment cancelled through dismissal process, as they are not able to work. But managers with support of HR have to go through a proper legal process which can take time.

 

They could of course try to come back to work, then go off sick again, but if they have exhausted any rights to sick pay, they would only get paid for days they worked.

 

This situation will be replicated in thousands of companies around the country. Staff in this situation are waiting to be dismissed, as leaving voluntarily may have implications for such things as benefits entitlement.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites

Agree with uncle. 
 

also you mention her tenure being quite long, it is important that companies follow due process and support employees before dismissal otherwise it can be very costly, I suspect this is the perceived delay you are seeing and perhaps the employee wishes to be ill health retired.

 

Given what you’ve said it shouldn’t be too much longer before something happens

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

2 hours ago, Badtimes123 said:

Given what you’ve said it shouldn’t be too much longer before something happens

 

Not only do I agree with the previous respondents, but also: OP - if you start to interfere with the process, you might

a) complicate, and

b) introduce delay,

to it.

 

Let the process work, don't start meddling!.

Link to post
Share on other sites

I feel sorry for you it must be hard knowing what is going on. 

 

Where my Son works there is a guy that is contracted for the same hours as him, 25. After Christmas the guy started to get funny as if my Son got 2 days off work in any week then he would call in sick to get a extra day. Management soon cottoned on and now they are scheduled different 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

What is being done about this employees hours. 

Has a member of staff been brought in on a temp bases or are they being split between the current staff. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

You have an colleague that is on sick leave.  This is something between the employee and the employer. 

 

If it's found that the employee has a long term condition that will affect their return to work, then this is the employers issue.  As previous mentioned, someone can be dismissed for capability if they are no longer to do their job, but this is something that has to go through due process and is usually mutual.

 

If you are finding it difficult to do your job, due to the lack of a resource, then this is something your employer has to deal with.  Yes, they can hire a temp in to cover the absence, but it not down to other employees who are not in the affected employees management structure to get involved with.  Sure, you can raise the issue of not enough staff to do a task due to this absence, but that's about it.

 

  • Like 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...