chocolate_o_brian

iTrader: (22)

Ok heres the basic background of my issues today.

Last thursday I was expected to recieve any outstanding and back dated sick pay from work after my dismissal the previous week. This included 4 weeks pay in leui notice of dismissal and all back dated sick pay (approx. 4 months worth @ 63.25 p/w). I calculated the amount to come to around £2200. But, I didnt get a penny. So when questioned I was given the answer that as I have appealed my dismissal, I'm not currently unemployed, and that I will recieve any payments owend after the appeal has gone through. This in itself could take 1-2 months.

So, this mean't basically I couldnt afford to make my monthly mortgage payment, as me/Nat are trying to survice on £800 a month to live and pay essentials. So I did the wise thing and went to my mortgage lender on Saturday to see if any help was available.

Now my mortgage is with Halifax and the payments come out of a HSBC account on the 18th of every month via Direct Debit. So this months payment was due to go out today (Mon 18th). I explained that I didn't have the money, and what could I do as im scared of going into arrears and ending up another name on the repossessions list. To be honest I didn't get much help and was told to ring up collections today and speak to them (I went in on Saturday to Halfix and collections work Mon-Fri office hours). In the meantime she cancelled the request for payment so at least I wouldn't have to worry about money coming out of my account and putting me overdrawn with HSBC.

So I check my account with HSBC via internet banking this morning, and
low & behold a payment has come out, putting me nearly £500 overdrawn. I get to the bank asap to see if HSBC will give me a temporary overdraft while I await payment of over due monies from work. Get some operator on the phone I'm shoved onto by the help desk, and my application is denied as I'm not bringing in a substancial wage.

So I then run across to Halifax with my mardy head on as I'm scared about incurring charges and being put into deeper financial trouble. But unfortunatley the mortgage adviser isn't there today. Details are left with the Bank Manager and help desk to contact me tomorrow to try sort something out.

In the meantime I genuinely don't know what to do... Can anyone help me/suggest something, as this is one of those times I just want to stick my head in the sand and ignoire everything.

thanks


Andy

Mitchy260

At least you have not gone behind on your mortgage which should be priority numero uno. It's not so bad that it has been paid.

Have you tried family/friends for a loan to see you over, food wise?

What about a credit card just now until you get the money that you are due?

chocolate_o_brian

iTrader: (22)

I suppose that is the positive in all of this - the mortgage having been paid and not missed.

Family wise, there is nobody able to help me and Natalie. My family/friends etc. haven't anything they can lend, and even if they did, I have no idea when it could be paid back. Her family is quite "tight", some of the members do have money put aside, but it's a case of this is OUR problem, and thus WE should sort it out. I think thats their general mentality, so thats out of the question unfortunatley.

Credit cards, and credit in general is a definite no-no. As other things such as my current credit card and indeed my personal loan haven't been paid for a couple of months, I have no chance of getting credit elsewhere as my score has been tarnished due to the above.

I'm just no sure where to take the next step. I have contacted the Citizens Advice Bureau, and I'm awaiting a call back from them, as I've got a case open.

The Zohan

From a different POV are you looking for work - how about some temp work to tide you over, usually paid week in hand?

Good luck

Paul

GC8

Andy, back everything up now by letter. Write to the mortgage lender and write to your bank. State everything that was agreed and that time at which it was agreed and by whom. Having done this it will be easier to recover any charges if need be and probably prevent them being applied. More importantly you will be able to show that you have informed your lender immediately, when you realised that you had a problem. Dont ever rely on telephone conversations; especially when youre dealing with something as important as this.

Simon

chocolate_o_brian

iTrader: (22)

Hi Paul, I'm not allowed to go get any temp work. This is because I have appealed the dismissal decision, and thus are technically still employed by them.

So if I went and got say a temp job via an agency without my employers pre-written consent, I am violating the Terms & Conditions of employment and will be dismissed immediatley for gross misconduct. It's proper ghey, but that is they way it is with them

Simon, I am currently jotting down details of what I have done today, and will take notes from any conversations from phonecalls I recieve tomorrow.

Jay m A

iTrader: (2)

OK so the mgge payment has gone, so now you have a month to sort out your finances. Basically cancel the direct debit to the mgge company (you can always set another one when your money comes through). As said above if you are trying to recover any bank charges you need details of the person you spoke to over the weekend to persue it. However IIRC the request for funds via a direct debit is actioned quite a few days in advance of the payment date, you might have to read through the small print of the cancellation procedure - Saturday might be too late, however you'd have thought they'd have told you this if it is the case!

chocolate_o_brian

iTrader: (22)

This is a good point. My main concern now, is that I am £££ overdrawn and have no money to counter this and bring me back into a positive balance.

So although the mortgage payment has been made, I will now incur weeks wirth of charges, as HSBC will not allow me an agreed overdraft. My gripe is with the mortgage advisor. It iwas her that said not to worry and that the payment was definetley cancelled, hense why I was advised by her not to cancel the monthly Direct debit. As a mortgage advisor, she should surely have known if the payment would have been taken regardless.

Also something which may fall into my favour is that before "cancelling" the payment, she attempted to move the date to August 28th, which was unsuccessful.

I'm just really pissed off as I have enough with all the threatening letters and default notices I've already rcieved, and now im going to incur daily charges which could amount to impossible sums for me to pay back. In the meantime, my credit rating, which has always been impecable, has been ruined.

PaulC72

Surley if you are still employed you should still be paid simple as.

It seems to me that your have done the best thigns you can by advising all the necessary parties & TBH I would prefer to be overdrawn and paying charges on that than losing my house.
You need to get the CAB to advise you further as it seems to be beoming a legal matter TBH.

jaytc2003

iTrader: (1)

have you got an overdraft at all?

if you havent then you may find that the mortgage money may go back into your account at the end of the day. You can also add information to your credit file that explains your predicament which although wont help you know, it could in the future.

Also dont think about getting other cards or loans (even if you could) thats just going to add to the problems.

chocolate_o_brian

iTrader: (22)

Legal matter, you could say that

With regards to pay, I would have expected them to at least pay me my backdated sick pay, as I am entitled to that regardless. This would still have been over £1,000 which covers the mortgage for two months, which would have given me some breathing space. The leiu notice pay boll0cks could have been sorted out at alater date, i.e. after the appeal. But NOOOO, the ******* stupid wages department want to do it all in one go, and they have a repuatation for being complete ******* dumwits fat 10-tonne tesse bitches

Phew glad I got that off my chest.

Lee247

I can't believe this Company is getting away with what they are doing. If you were entitled to SSP, it is not their place to withold it. Even if it is suspect as they seem to be saying.

Have you gone direct to the HMRC and let them know what this Company is doing. Sorry, am not aware of all the facts, but this seems tantamount to robbery and victimisation.

chocolate_o_brian

iTrader: (22)

Hmm, I didn't think of that. Maybe check in the morning, but I'm pretty sure it's gone out, and gone out for good. I think it depends on the bank Jay. Lloyds TSB used to let the money go out and suck it back in again straight away. You would then get a letter stating they have done this and you would get charged a fee from whoever the money was going too.

I'm going to cancel the d/d now for the mortgage just a precaution.

GC8

I aggree with Lee; they arent entitled to withold your SSP payements.

STi wanna Subaru

iTrader: (1)

as above. I'd be pushing like crazy for the sick pay if you're legally entitled to that. That shouldn't be in dispute should it?

chocolate_o_brian

iTrader: (22)

Hi Les

This is an argument between the Benefits Agency and my employers. I am entitled to incap benefit which is the same as either SSP or Jobseekers allowance while out of work. But there has been argument between the Benefits Agency and them cvnts for weeks. According to my debt manager at the C.A.B. I'm doing everything right and it's a case of time. It could take months for things to be sorted, and even a tribunal case against the benefits Agency to get them to pay me anything they may owe me

Honestly it's a joke sometimes. The first time in my life I need some help, after paying into the system for 6 years, and I can't get a bean from nobody

chocolate_o_brian

iTrader: (22)

They (employers) claim, that as i have put both recent sicknotes into the Benefits Agency (as they originally refused to pay me SSP), and that i have back dated sicknotes going to 17th April, that it takes time to "look into it" and sort it out.

A major P.I.T.A. currently is my tribunal (law employment specialist) Solicitor is currently on holiday until September 9th

I have done absolutley EVERYTHING asked of me with regards to work, requests, meetings, financial details, applications, sick notes, back dated sicknotes, medical information, physician reports, phonecalls, letters, absolutley everything.

Even if I start another legal case about owned monies, it can take weeks/months to get anywhere, so my best and quickest chance of money is letting the appeal take place and see what happens then. I pretty much know I will not get my job back, but I've got to exhaust the appeals procedure to then take this to tribunal for unfair dismissal.

Lee247

If you have a sick note, either the Company or the HMRC is legally obliged to pay you your sick pay. It is not up to the Benefits agency or the Company to be arguing. It is your right to receive sick pay from either one or the other. If you have proof you have had nothing from the Company, get yourself to the HMRC pronto and demand your claim.
This situation is intolerable.

chocolate_o_brian

iTrader: (22)

The way it works that I have been told by the C.A.B. gentleman, is that either my employers would pay me the sick pay or i would get incap benefit from the Benefits agency. But it takes 4-6 weeks for an application for incap benefit to go through, even in say an emergency case like mine. I'm in the middle of this 4-6 weeks now unfortunatley. Then a decision would usually be made in my favour and the Inland Revenue would chase up the employers, or take them to court.

My employers have tried to financially cripple me from day one, and it's starting to work now, as I have nothing left to sell to make some quick dosh.

rossi_p

iTrader: (26)

I would have thought that if you were still employed, you would still receive a wage regardless.

As an option, you could consider a small loan to provide short term finances. You can then repay early when you recieve the money or use it as a little bonus cash. At least it would give you some breather space.

There are the debt direct lines that may be able to help. Try going to the Martin Lewis money website.

If any consolation, I've read you got yourself a 205 GTI and I think they are still the best drivers fwd car of all time. I've driven, owned and been in loads (106 GTI, AX GT, XR2, Teg Type R, Civic Type R, 172 cup), and they are still the best feeling and handling. Consider it the 911 of the fwd class .

Lee247

Phone the emergency help line, you will find a number on HMRC website. Explain the urgency of the situation. I know it is more slavering on, but do it immediately. Tell them all the facts and how you are receiving nothing. I am certain, you should still be receiving sick pay while they decide if you should be incap benefit.

jaytc2003

iTrader: (1)

thats usually the way it is with our cr@p system. The people who work until they cant get screwed, yet the dossers who have never done a days work claim and receive everything

Luan Pra bang

Your legal representation is rubbish is the first point.
You have to go and get another job as well as take your employer to magistrates court for they money they have illegally withheld and add on the maximum you can for costs incurred having to sell the car cheap etc. At least another court summons will keep them on their toes. Whatever you representation says if you don't work you will soon not be eating so get a job and hope know one finds out. If possible get some cash in hand work and then at least you can eat. If not get some agency work and keep it quiet, they have no real way of telling if you are working or not.

chocolate_o_brian

iTrader: (22)

Appreciate the post. I am doing my commission work still, but it's not much money unless I'm working for !2-16 hours a day on a piece. This then knackers my bloody wrist

I'm gonna call my Union guy tomorrow and find out what i going on re. the appeal.

jaytc2003

iTrader: (1)

just an idea but have you thought about being a tattoo artist? Even if you just draw the art and then the tattooist does the tattooing.

I only say this as I am thinking about getting one done and the few places ive been/looked at the art isnt very good, now if you watch an episode of miami ink and you see what can be done

chocolate_o_brian

iTrader: (22)

Aye have definately thought about it. Don't think that there is much money in it though unless your doing the tattoo itself though.

spireite

[quote=Luan Pra bang;8076088]Your legal representation is rubbish is the first point.
You have to go and get another job as well as take your employer to magistrates court for they money they have illegally withheld and add on the maximum you can for costs incurred having to sell the car cheap etc. At least another court summons will keep them on their toes. Whatever you representation says if you don't work you will soon not be eating so get a job and hope know one finds out. If possible get some cash in hand work and then at least you can eat. If not get some agency work and keep it quiet, they have no real way of telling if you are working or not.[/quo

i agree you need to go out and find a job or things are going to get worse and worse .Personally id spend the day regisreing with all the agencies for driving, labouring and male escort work skip the last one ive seen your ugly mug but you get my point .Give CAPE industrial services a ring in Doncaster they do all the local power station work in your area .Industrial cleaning , scaffolding they're always looking for labourers .Or try K+I services they're not far from sunny scunny they do all types of work at the Cemex cement works

chocolate_o_brian

iTrader: (22)

[quote=spireite;8076112]Appreciate your input fella. Situation is thought because of my wrist im really really limitied as to what I'm physically able to do. Thats the reason I'm in this situation now with having no job, no money and debt problems. My employers now arent interested in me, and I'm not in the position to be able and get any old labourers job, or job in that kind of environment. It stinks, it absolutley stinks, as im too ba$tard limited in everything now

I wanna just be able to go get some sort of temp employment, but I know everything available to me is basic labouring/warehouse/physical work. I just cant risk it as god forbid I'l hurt someone if I have an accident

Lee247

Some tea time reading

Jobcentre Plus - Working Age Benefits A to Z of Benefits and Allowances

Windsor