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gnuscubadog

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  1. I'm not sure about their contracts, I have asked the question to one of them. I worked that overtime in good faith. As the engineer/site manager, the overall running of the job was my responsibility. My employer overburdened me with work and did end up sending help about a month before I left the project (I have since handed in my notice due to the fact that our foreman had created a hostile work environment for me). I didn't try to avoid my duties as I faced the client on a daily basis and I was solely responsible for explaining any delays, etc. I never tried to just do the hours allocated to me because it would have meant that we would have gotten any more behind than we already were.
  2. My contract states that I will not receive any money in exchange for any hours worked over my contracted hours, except at the Company's discretion from time to time. Over the summer, I worked as an engineer/manager on-site, alongside 30 other employees (labourers) who all raked in approximately 15 hours a week of overtime paid at x1.5 their normal rate. I counted up all the hours we did and calculated that, had I been paid overtime at a x1.5 rate too, my employer would have paid me £4,000 in the span of those 4 months. I don't think there is a law that will require my employer to reimburse me for that overtime worked, but does anyone know if there is any case here given the fact that 30 guys on-site got paid for working those hours and I was the only one that didn't? I realise we held different positions but is there a case for discrimination?
  3. Hiya! Thank you all so much for your input. I paid my deposit in April 2011, just after the safety deposit scheme regulations came into force in Scotland. Alba had until November 2012 to register my deposit, however, I moved out in September 2012. Having said that, they were in possession of my deposit until December 2012 so I have been advised that regardless of the fact that my tenancy had ended, they should have still registered my deposit because the safe deposit schemes base their operations on the dates that deposits are paid and retrieved rather than the tenancy contract dates. Anywho, I have submitted my small claim against them (last week) so I will let you know how I get on. Alba have notoriously bad reviews online and I will most definitely never rent with them again. Thanks again guys!
  4. Hi there, When I moved into my previous flat, I "replaced" two tenants on the lease and signed a COT (change of the) agreement. I then signed the lease. I never received an inventory. The COT and the Lease both state that I accept the condition of the property, however, the condition is not specified and I was never given an inventory upon moving in. We then collectively moved out after 6 months because the agency increased the rent by £200 a month and now they have taken money off our deposits. This is fine for the other 3, however, I moved in when they had already been in the flat for a year and I never signed any forms making any claims about the condition of the flat. Does Grant Property have the right to take a chunk of my deposit when I never signed an inventory, even though my Lease states that I "will be presented" with an inventory? With regards, Kristiena
  5. Heyhey! I left the flat to go traveling and am currently in North America so I can't go to the court in person. With regards, Kris
  6. Hiya! Thanks for your response. I know the procedure and I have filled out all the correct forms. The court website states that there is no online facility and that the physical paper forms need to be delivered to the court, however, any time they talk about the handing over of the forms they always talk about being present to do this in person. My question is whether I can POST the forms to them and when they receive it, they will take it from there? There is the option of the court clerk serving the summons to the defender (my agency in this case) however, I want to know whether I have to go to the courthouse in person in order to request this or whether, if I send in all the appropriate forms, they will deal with it on my behalf? The website always talks about being at the courthouse in person to ask the clerk to serve the summons hence why I am unsure. With regards, Kristiena
  7. Hiya, I was wondering if anyone knows whether the Scottish legal system allows for you to lodge a small claims by sending all the relevant documentation by post rather than going to the Sheriff Court in person? Thanks in advance.
  8. How do I find out whether the deposit was protected? I was under the assumption that agencies were obliged by law to put deposits in a protection scheme, I am assuming Alba will have done that?
  9. Thanks for your response, I agree that the blocked loo is irrelevant at the moment. I am currently taking Alba to the small claims court to reclaim my agency fees which they are refusing to refund. How do I find out whether my deposit was protected in a deposit protection scheme? I thought this was mandatory, is it possible that some agencies aren't doing it? Regards, Kris
  10. I rented a flat from Alba Residental for 14 months. In those 14 months, the toilet flooded 3 times. Rather than replacing the shredder system they kept sending out plumbers who kept saying that there was nothing they could do to prevent any future blockages. When I moved in the flat was disgusting and nothing had been cleaned. Alba sent two cleaners who surface cleaned the flat. I ended up cleaning the entire flat myself after that. When I moved out, I left the place spotless. Alba came up with a massive list of items which they considered needed cleaning or replacement. The thing which outraged me most is the fact that they charged me £80 to replace a cracked freezer drawer (surely this is part of wear and tear, especially because the drawer wasn't actually broken, it had a minor crack in the handle, which still worked perfectly fine). The other thing they charged me for is "dusting the bed frame." This is ridiculous because I had hoovered AND dusted AND mopped the entire house. They also claimed that I had caused moulding in the bathroom, which was unventilated and did not have a window to air the place. Due to the fact that it is a closed bathroom, it is hard for water to evaporate. I used to leave the door open after having had a shower but minor moulding and minor stains appeared on the white rubbery bits between the bath and the wall. There is absolutely nothing I could do against this because there was no way for me to ventilate the bathroom properly. These stains are part of wear and tear and from time to time, the bathroom sealant just needs to be replaced. They charged me for this as well. There are plenty of other things which I was charged for, in addition to which Alba refuses to refund me the agency fees which they have unlawfully charged me. Does anyone have experience with this? I took photographs when I moved in but Alba is blatantly stating that they got cleaners in after I moved in (which is true) and that it is assumed that afterwards, the flat was in a satisfactory clean state. I would like to get my 25% back and I was wondering if anyone has had similar experiences and took the agency to a small claims court?
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