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    • Credit card taken out sept 2000 defaulted and sold to Cabot. No admission to debt,I was contacted in 2016 nothing until now with MCOL.  I vi sent a Statute Barred letter and followed up with CPR31.14 request for the specified claim  namely  copy of original agreement from 2000 default notice Deed of assignment Statements/payments records done the AOS online am I getting it right ? Is there anything else?? Appreciate any advice  
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    • Hiya,   Just a quick update, without going into too much detail.   The claim has now gone legal. The council refused any claim stating that there is no tree so there is no claim - UNBELIEVABLE.   They removed all trace of the evidence and are hiding behind that.   We have had a lump of the drive lifted and the root there is massive, it is very clear that that is the cause of our damage.   We had a arborist our insurance company employed visit and has written a report very favorable to our position, we are currently waiting for DNA reports to prove beyond any doubt. He was quite surprised the council are even arguing looking though the history of the site (Freedom of information) - and how cut and dry the damage has been from the now removed tree.   I cannot go into the case much more now but will update when i can be more specific.   Something i would like to add though for anyone in the future - the council are snakes, they worm and wriggle their way through the claim.   We have had barrage of inane questions which in every case had been answered if they just looked at the case. This is deliberate, right from the get go they say that over 98% of claims fail and they try to run you round in circles and avoid to answer legitimate questions.   They even asked us questions on already answered questions at the same time they refused the claim - i just forwarded them to my solicitor.   Keep and photograph EVERYTHING and get freedom of information requests in.     Most of all keep calm, follow through until they refuse the claim (which seems to be the norm) then get your solicitor involved. In our case we got our legal cover in place early so we could keep them aware of the situation without having to explain it all in one go. Our home insurance legal cover has been a god send.    The way they have it set up is they make you question your claim and make you feel like you are in the wrong and just claiming for money even though they have caused the damage.    Just remember that if you cause damage to council property see what they will do......
    • std speculative roboclaim BS 750'000 issued every year hoping for a default rubberstamped judgement where no human checks anything   dx  
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Made redundant, then they readvertised a similar post


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Hi folks.

 

 

I've been looking around ACAS and DTI regarding redundancy rights and all that jazz. But I am at a loss over the finer legal issues regarding my circumstances. My sob story is as follows. *Ques the single violin*

 

 

I was working for a Photographic Printing Chain “Klick Photopoint”, this companies head office is located in Glasgow. I had held my position for just under a year, something like 51 weeks. My contract was a temporary position and my title was sales assistant. I was originally covering maternity leave and doing 36 or so hours a week. Once the girl had come back after her maternity she could only manage a fraction of what she was doing. So in turn my hours were reduced to 30 pw. A few weeks ago I was asked to attend a meeting with our area manager and branch manager.

 

 

This meeting was the dear “kindly leave us” sort. Of which I had no options given to me, basically they decided to lay me off. I wasn't concerned about the redundancy pay as I knew they were sneaky enough to axe me before - entering - the typical requirements as stated by the DTI.

 

 

I left the company on Friday the 8th June and as I was walking by earlier today I have noticed they are now advertising for a “Saturday Sales Position”- today being 22nd June. 14 days after the initial chop.

 

 

Now I am lead to believe (mums advice) that this practice isn't allowed and there are typical procedures to advertising for new staff after redundancies.

 

 

I have written what I can remember from the interview below, I can always write and ask for a S.A.R - (Subject Access Request) on all notes that were available from the meet. If this ever needs to go to court.

 

 

-------------

 

 

Area Manager - “Scott, originally you were employed on the grounds of a temporary contract. Of which you originally stated that you plan to be with the company until February. As there has been a huge change around with the management structure of the South and South West region we are forced to cut back hours. We have already had to lay off several employee's from other areas to meet our requirements. Unfortunately, I wanted to have this meeting with you in March, but as things have progressed I have been unable to meet with you up until now.”

 

 

“We no longer require your services within the company... Will you be OK to work until the end of your rota pattern?”

 

 

Me - “Yes, that's not a problem”

 

 

Area Manager - “I think we are done here”

 

 

----------

 

 

 

 

My branch manager was completely unaware of this, and was surprised at the decision made by the area manager. She apologised to me.

 

 

I said it wasn't a personal issue, you have nothing to apologise for, after all business is business and its always the last in - first out.

 

 

What grinds my gears is that they are advertising for a cut back version of my original job. Alright its a crap job, but like all of us we have bills to pay, and I could have gone back to the catering and licensing industry to supplement my income.

 

 

The company is renowned for cutting corners because that are cheap b*****d's (no cheap shot at the Scottish intended I'm from above the boarder too) Is what they have done legal, despite being unethical?

 

 

 

 

 

 

End the Violin and bring out the Kleenex

 

 

 

 

p.s "Klick Photopoint" also trade as "Max Spielman" under the Bowie CastleBank Group which is further under Alexander Kennedy and Sons. confusing? :p

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Were you "Laid off" or made "Redundant" ?

 

I think that in either case, they should be offering you the position first before advertising the postion, even if they know that you will not want the job. I think this applies for upto six months after you leave.

 

I was in the same position with Bentley Jennison, The company i worked for merged with Bentley Jennison, and my position was made redundant as a result. But four months after i left i saw an advert in the paper for my old postion, but at a lower salary. i found out that they should of offered my the job first before goin gpublic with the advert

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the word temp gives me doubts, that changes your rights

 

dx100uk

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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You say you were on a temporary contract, was there a date specified on that for the end of the contract? In any event in order for statutory redundancy protection to kick in you should have worked for the company for 2 calendar years, you have no right to be offered an alternative job under the statutory procedure.

Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

 

Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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Guest weegirl

The time limit was reduced to 1 year a while ago, plus there are some exceptions to that as well, ie whistleblowing and sexual discrimination being two. I am aware that these particular examples may not apply to this case, but just saying as there may be a way around the 1 year thing that a good solicitor who specialises in employment law could work with, therefore your rights apply to any time frame.

 

You can pay off staff and re-advertise a job if the job had changed somewhat, different duties etc, but there's not much you can change with a sales assistant position. It may well be worth your while getting a friend to ask for an application form and check out the job description to see.

 

There were changes in the law applying to temporary workers as well some time ago, stopping companies hiring temps on an 'ongoing basis' without limits, therefore less rights, no pensions etc. The likes of the Education Boards who hired staff for the academic year, ie lollipop ladies, canteen staff etc on 'ongoing contracts' had to backpay some staff their holidays and pensions. You can't hire people on ongoing contracts for 20 years and get off with it anymore. You were not there for a long time, but temporary workers have more rights than they used to have. It may well be the case that this company has gone through several staff that have been conveniently paid off at the 51 week period.

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Seems like a similar but not the same post - you were doing several days work, this is just one day (Saturday) that they are advertising for - besides the fact that you were a temp.

 

Also were you working direct for them or through an agency?

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In my experience having worked for this company for many years, a "saturday person" does exactly the same duties as a full or part timer. This company is struggling with price competition and are making staff cut backs from top management to sales assistants. Personal opinion, your better off out.

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I was employed directly with the company. I had a contract, which I signed when I started last year. I knew the company are cheap, becuase there are similar job and shop axes each year especially june and september, like clockwork.

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  • 1 year later...

Ignoring what you signed and what you now think you are entitled to, you joined a company as a temp, covering someones maternity leave...you knew they'd come back and return to their old job...

Without being too rude you sound like you are just trying to make money from a company that is trying to cut back on costs. There isn't much difference in the mentality of these 'whiplash' ,'where there's blame there's a claim' schemes and what you are attempting to do. Get another job and move on.

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Ignoring what you signed and what you now think you are entitled to, you joined a company as a temp, covering someones maternity leave...you knew they'd come back and return to their old job...

Without being too rude you sound like you are just trying to make money from a company that is trying to cut back on costs. There isn't much difference in the mentality of these 'whiplash' ,'where there's blame there's a claim' schemes and what you are attempting to do. Get another job and move on.

 

Whats the point in replying to a thread thats dated June 2007 :confused:

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