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Everything posted by shieldblaster

  1. Hi I hope this is the right place for this post. I dont know a great deal about eviction so I'm seeking some expert advice if possible My daughter has received a 6 months section 21 notice which, as she has just given birth to my granddaughter, has caused her stress hence me trying to help her out. Today the landlord has also asked for one months notice if we do manage to find her another place. Is this correct? She currently has a fixed term notice that ends in february and I assume she'll then go on a rolling contract so I'm assuming that it is TIA
  2. I am hoping I can get some help or advice from someone here My daughter has just renewed her tenancy(December 2014). She has had a friend staying with her as a 'permitted occupant'. The situation now is that the friend has gotten herself pregnant(not planned) and has left the property without giving any notice to my daughter, she simply took her belongings whilst my daughter was at work and she refuses to answer any calls to her mobile. So we don't know whether she is coming back but it seems very unlikely. This leaves my daughter in a difficult situation as she now has to find the rest of the rent, as if it wasn't hard enough as it was, and it would appear that, as she is the only one on the tenancy, she is going to have to stay there until next December. My question is does this friend have any legal obligation to pay her half still? or can she just walk away from this? And she does have an obligation what's the best way to make sure she adheres to it? I hope I have explained this clearly enough, apologies if I haven't. As you can imagine im pretty angry at this friend of my daughters but I no there's a right way and a wrong way of doing things and im determined to do it the right way. Thanks for any help that be given, I really appreciate it
  3. Unfortunately I haven't, and obviously the online t & c's have since been updated in the last 2 weeks. I'm guessing this might be an issue?
  4. Hi Apologies if this is in the wrong forum, if it is perhaps someone would be good enough to point the right one out to me Regarding the issue I need help with. I am a self employed builder who on occasion uses the above site to obtain work, I have been a member for about 6 years now. Just recently they have changed their operations and have removed a lot of facilities offered to the trader, the most relevant one for me being the one where they refunded you the money you pay for the lead if the customer doesn't allow you to at least quote for the work or the lead details turn out to be wrong. Instead they now keep the money whether you quote, are not able to quote, or you can't even contact the customer. As some of the more expensive jobs cost £30-£50 just to buy the lead this can work out expensive to the sole trader, it's no problem if I get the work because I can recoup the lead cost but otherwise I am simply paying for nothing! My question is whether they are in breach of the original T & C's that I agreed to some 6 years ago as nowhere have I agreed to these new changes, it seems they have just rolled them out and we either like it or lump it. Any help, advice or assistance would be greatly appreciated I hope I have explained the situation clearly enough, if not feel free to ask questions and I will do my best to reply to them.
  5. Just an update to this thread. After 8 weeks Cap One has offered me £1200 as final settlement to my PPI claim and didn't contest at all. As this is roughly what i calculated i will be accepting their offer
  6. Thanks for your reply Ken and well done on your result I take on board what you are saying and want to be sensible and reasonable about it all just in case it should go further.
  7. Hi I have just started a claim for missold ppi with Cap One. The ppi was on a credit card taken out in 1999 and they are still taking out premiums monthly. Action so far is a request for the original agreement for which they sent the original application form where it clearly states i am retired. Following this i sent a formal complaint on the form provided on the FO site and have just received a response from Cap One stating that due to high volume of complaints it will take 10 weeks to investigate my claim and respond. Initial thoughts are that 10 weeks seems a long time and should i reply with a letter stating what i think the time frame should be prior to further action (LBA etc.). Also i don't have a clue how to work out what i am owed from them so could anyone provide and idiots guide on how to work it out? I also have another credit card with them and i am awaiting the original agreement copy for that before tackling them with that. Many thanks for any help or advice given in advance
  8. So in essence you are saying don't do anything? Not try to clear my name? Accept that they can make allegations at anytime without using in house polices & procedures or provide any evidence and basically bully you into resignation? all this just to make sure i get a decent reference from them? Whilst i thank you for your time and effort replying and giving me your opinion forgive me if i dont avail myself of it
  9. Ok an update..as real life took over a bit i decided that ARC needed to go to the bottom of the pile of priorites for a bit and i hadn't heard anything from them anyway...until today that is. I have now received a letter from Trevor Munn Solicitors stating that "We have been instructed to take steps to issue a claim in court blah blah blah....make payment or else blah blah blah.....if you dont a CCJ will be filed against you blah blah blah". Also i might add that my daughter, during a move, has found the original agreement which is different from the copy they sent me. No signature from them on the form...boxes left blank etc so my cynical mind thinks they may well have constructed the form and transposed my daughters signature on to it. Anyhoo the upshot is that i will now be constructing a letter to the gym, incorporating slick132's excellent advice, and will also send copies to ARC & Trevor Munn. I would love a day in court with these jokers if only to see the judge fall of his chair with laughter but as Slick132 says, that's highly unlikely. I will just have to be content for them to crawl back under the rock they came from.
  10. Hi I am looking for general support and guidance regarding an issue i have with my ex-employer. A bit of history first. On Sunday (I am a support worker) i sat down with my line manager for a periodical supervision. All went wellish but i could tell she was 'off' in some way. She then became confrontational and, imo, aggressive and declared that a work colleage had made 4 seperate accusations against me which were of quite a serious nature. I tried to defend myself but to be honest i felt hurt and angry as these came completely out of the blue and i thought everything was ok with my colleagues, although i have had issues with 2 of them a year or so ago which weren't very serious and i thought had been put to bed. I asked for the meeting to be adjourned and went outside to clear my head and try and make sense of it all. I should mention that things haven't been right at work for some time bacause of short staffing levels and shift changes and, to be honest, this felt like the straw that broke the camels back. I felt at the time that i had no alternative but to go back and offer my resignation, not as an experession of guilt, but because to have stayed there would have meant i would have been no good to myself or the people i was caring for and i could easily have done something that later i would have regretted. I realise that quitting probably wasn't the best thing to do but it felt right at the time and to be honest i have no regrets about it now either. However i do feel that my name has been tarnished through what i can only surmise are allegations which have no foundation in the truth and that they have taken things that i said out of context or when i was angry and upset and was just venting to a work colleague. I realise now looking back that this was probably a bit naive and i should have been careful who spoke to or vented on but to be honest i thought everything was ok with my workmates and i had enough on my plate without walking around treading on eggshells. It has also transpired that the 2 workmates metioned above turned up unannounced on the day prior to the supervision. What i am wondering is whether i might have grounds for constructive dismissal? I don't want to go back to work there but i would like the opportunity to clear my name and put my side of events. I have also just today received a letter from my head of HR who is alleging that i have made derogatary comments on facebook about the organisation, which is not true. The only thing i did do was message the 2 people that i now know, or surmise, made the first allegations and express my sorrow and dissappointment at their course of action and to inform them i have quit so that they would have no further problems with me. As far as i am aware i have every right to express my thought and opinions under the human rights act without it being used against me or used in the public domain. And i am also aware there is not a works policy for social media or networking. Sorry if this has rambled a bit I have tried to keep it short and to the facts without too much of my emotions in the hope that someone can advise me further. The actions i have taken so far are: 1. I have written to my line manager with a copy to HR making my resignation official. I have also made them aware of any further actions i am considering. 2. I have replied to my HR dept asking for strict proof of any evidence they have of the remarks i am supposed to make the bought the organisation into disrepute and the names of anyone who has accessed my private account and the means because i dont have any work colleagues as 'friends' there. Also i have asked for an up to date copy of the policy on social media & networks (although i know one doesn't exist) I think i have covered everything so far but will no doubt add to it and will respond to any questions asked. Many thanks for any help or advise you can offer
  11. Ok slick132 thanks again for your help. I will draft a letter this week and post it here for your advice and opinion.
  12. As far as i am aware she cancelled the DD soon after she rang them and we first heard from ARC on 31/1/12
  13. Hi slick132 and thank you for taking the time to have a look and comment on them I have been in touch with my daughter and she said that when she phoned to tell them she couldn't afford it they stated that they would freeze or suspend it (her membership) until her contract was up which my daughter assumed meant that effectively her contract was cancelled and therefore she cancelled the DD. You are right in that my daughter has not initialed where it stares the membership is for 6 months. The "E" and the "ion" is the word "Evaluation" and my daughters signature is the blacked out part across it. Hope this helps
  14. Ok I hope these links work. I have uploaded the membership application and the T & C's. Any observations or comments would be gratefully received http://www.consumerwiki.co.uk/images/6/66/Dw_TC.pdf http://www.consumerwiki.co.uk/images/3/33/DW_Contract.pdf
  15. Hi and thanks again for your help..it really is much appreciated. I wont be able to upload and post the paperwork till tuesday as i need time to scan it etc. Hope this is ok.
  16. Thank you slick132 for moving my post to a new thread The gym involved was DW Sports Fitness 1. She signed up 7/9/2011 2. Minimum period was 6 months 3. She telephoned the gym in October to tell them she couldn't afford it and was told her membership would be suspended. 4. See above 5. She signed in the gym 6. Signed an application 7. DD has been cancelled 8. She was told exactly the same as the young girl in the other thread, that she could suspend her membership at any time and could cancel it after 6 months. She was never told that a reason had to be given to either suspend or cancel her membership. I hope this helps, as i say i do have a copy of the original application and T & C's and can scan and post them up if it helps
  17. My daughter has found herself in exactly the same position as this young lady but she is being threatened by ARC now. I am helping her out and we have requested a copy of the signed contract but all we have received is the original membership application form and some seperate T & C's. All of it looks to me to unenforceable but i would be grateful for anyones input as to exactly what should be on a contract before i reply to these jokers. If it helps i can try and upload the paperwork to look at. Thanks in anticipation
  18. Hi We recently left a rented property that we had for the past 2 years approx. The deposit is held in a TDS and the letting agent/landlord has just advised us that they are retaining the deposit. Whilst I accept that there has been some damage because i have 4 teenage daughters so pretty unaviodable I would like to find out where I stand and what I do regards the dilapadation list I have been given. First thing that I would like to ask is that I was never invited to the check out, this took place between the LA and the LL and I wonder if there is a requirement that the tenant should be invited? Secondly, the list I have been provided with is as follows ( with my observations): 1. Property needs cleaning not left in satisfactory condition. (pretty ambiguous..my wife and 4 daughters spent all day cleaning the place so what specifically needs cleaning?) 2. Decor in front room damaged (Accepted..there was approx 6" x 6" of wallpaper damaged by computer chair) 3. Bed left in bedroom (Accepted..this was a fairly new bed and we assumed the LL might be able to make use of it rather than dump it..obviously not the case) 4. Carpet from loft left in outside store needs cleaning in order to reinstate (Carpet was in very poor condition in the first place that was the reason it was replaced) 5. Several holes in brickwork to accom additional aerial cables - brickwork needs repointing ( I ahd these professionally fitted and to be honest I would have thought the LL would want to keep them - not the case however but how much brickwork needs repointing? ) 6. Glass to bathroom needs replacing (Accepted) It goes on to say that quotes are being arranged for the work required. My questions are as follows: I am a builder by trade so could do most of the things required. I can easily get rid of the bed in my own van. Why should I pay for a carpet to be cleaned that was in a poor condition in the first place? Should I now formulate a letter to the letting agents stating all of the above? What are the procedures for this when the deposit is held in a TDS, are there timescales involved for the LA to get quotes etc and for me to reply to them? I would be happy for any comments, observations,criticisms that anyone has. I just hope it all makes sense
  19. I have been dealing with cabot since 2007 trying to get a valid agreement from them over a disputed debt to monument. Now i do the same as ashmk and file their letters. They obviously can't conform with my request so they really are like a dog with no teeth to me..they have already defaulted me but i can live with that..i'm b*ggered if i am paying them any money until they prove it though
  20. Thanks for your reply Sidewinder. As far as i'm aware there never has been anything in writing since she started the job. The only reason he seems to have come up with one now is cause of the dispute over break times. I will try and obtain more info on the dispute if it will help. I will also tell her to contact ACAS as has been suggested as well as the CAB.
  21. Thanks for your reply As far as i can gather the new contract came about cos there was some misunderstandings over break times. There is no way she can accomodate the saturday working as she has 3 children and she has just given birth to our grandson. Obviously her main concern is that she will lose her job if she fails to sign the new contract. Apparently he is asking her every time she picks up her maternity pay and she is feeling pressurised into signing. I have already told her to get along to the CAB but I am trying to get some information together so as to settle her fears as she has enough problems with coping with the baby and her children without this hanging over her. Thanks again
  22. My eldest daughter, who is a single mum with 3 children. has been working in a shop for the last 5 years. The reason for her accepting the job in the first place was because it didn't involve weekends and fitted around school times. Just recently, after an upset about hours of work etc. from other employees which didn't involve my daughter as she is currently on maternity leave, her employer has come up with a new written contract of employment which states that my daughter has to now work saturdays. I have told her not to sign anything at the moment ( she is due to start back to work in july) as i'm fairly sure he can't do that without discussion etc. I don't know to much about employment law and would really be grateful for any advice you can give me Many thanks!
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