Thank you

this is still ongoing.

A few weeks ago I received a full SAR response which included all letters, notices etc.

I've searched through them and cant find any copies of notices of overpayment which I'm lead to believe that they are supposed to provide within one month of the claim closing.

I've also raised a first tier complaint pointing this out but all I got back was yet another letter stating the amounts I allegedly owe blah blah blah.

I've now (hopefully) raised a tier 2 complaint asking them once again for evidence of these overpayments, not just their belief that I do, and hopefully get to put my case in front of an independent adjudicator.

All I want is evidence of these overpayments, not just their say so

That's interesting

I've received another letter from HMRC repeating what they stated in the previous one.

I've replied stating that I dont consider one sheet of paper with 6 recorded phone calls on it proof or evidence that I owe this money so just knocked it back in their court. 

I have said that I'll be making a formal complaint so as to start the process of getting an adjudicator involved if needed. 

I'll update this thread as and when so that it might help someone else dealing with this people.

Hi dx100uk

Thank you for replying. That's my understanding but they seem to ignore any requests for proof. Can you suggest what I might be able to do for the next step? 

Hi

I'm hoping someone can give me some advice re. the above.

I received a letter a few weeks ago saying that I had been overpaid a total of just over £4000 in tax credits.  I did reply asking for proof of these overpayments and a SAR. 

All I've received so far is a reply to my letter  just stating the amounts owed and to ring them to organise repayment, and from the SAR I received a single page letter with 6 phone calls that were made back then.

My questions are why have they left it so long to pursue this? And do they not have to provide any proof at all as any records I had have long gone? I would be astounded if thats the case because they could go after any tom,dick or harry for whatever they want!

Many thanks in advance

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 

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

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?

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.

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

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.

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

I dont think you were bullied into resigning you chose to on the basis of comments made during a normal supervison, at that point no formal warnings appear to have been given or talk of a disiplinary hearing, had you sat through the whole meeting you may have found that once the allegations had been put to you and you had replied then no furher action would have been taken, unfortunately you will never know.

Thanks

Or to put it another way, you will ignore any advice that is contrary to your own opinion.

Put it anyway you like MIUH...it's a free country last time i looked

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

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.

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

Ok slick132 thanks again for your help.

I will draft a letter this week and post it here for your advice and opinion.

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

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

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

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.

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

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