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haggismn

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  1. I can send you details if you want, or I can write a complaint also. That would probably add more weight to the argument. Who should it be sent to?
  2. From the travel itinerary email sent after booking. *******151.98 EUR Total Paid FX rate : 0.88492 GBP Total Paid in card holders currency : 134.49 GBP It is nothing to do with the €5 per person per flight credit card charge. We've checked the credit card statement; it was charged this amount. To reiterate, we weren't told this GBP amount until after clicking to pay. We knew only the EUR amount. They can't do that... right??
  3. Hi there, I was wondering if anyone can advise on an automatic currency conversion Ryanair has charged us for flights. We have booked (on the UK site) return flights from Dublin to Carcassonne. We got up to the point before payment, with the charge being informed as €151. There was no other amount indicated. After paying, we were informed (in a smaller font size obviously) that the credit card had been charged £134, about £10 greater than the actual exchange amount. Is such practice permissable? I have read the terms and conditions, and repeated the process, up until the point before clicking to pay. There is no point where I am informed of an exchange rate, or the amount that I would agree to pay, other than €151. Whilst I don't care about Ryanair automatically converting the amount to Sterling, I don't really appreciate them pocketing £10 in the process, without telling me. Here is a quote from their conditions of carriage; The first part of this term is generic, in use by several other airlines. However the "but you can check the actual amount..." is Ryanair only. This is the part which did not occur. I could only see what this value was after paying. Any advise would be of great help. I would like to take this matter further if possible as it is clearly a hidden charge, in my opinion.
  4. Ok, thanks for the response. When I started work I was handed a general booklet which stated an out of date wage chart (Daytime pay, night shift add ons, Sunday add ons, etc) and also didn't specify my personal hours worked. In January 2009 (at court) I was handed a shift rota which was completely wrong, claiming my contract was different to what I really worked. Of course, what is mentionned there applies only to employment tribunals. I can't go down that route. It must be in county court. Is this possible for these matters? The issue estoppel against me prevents me from pursuing lost wages and also their failure to provide payslips. Therefore what I am asking really is; Can I pursue the following? Are these matters irrelavent enough to the previous case which I am banned from pursuing?: Failure to provide written particulars of contract. Deliberate loss of subject documents, using the theft of letters before being posted as evidence. and also; Attempt to remove the issue estoppel banning me from pursuing the other case, due to the deliberate loss of documents giving the company an illegal advantage in the case. There isn't any silly law banning me from taking any other action against the same company, that kind of thing? Also, is it ok to pursue all of this together as one small claim? There is a separate issue which I will need to address. There is a former co-worker who would be of great aid as a witness, however I don't have his contact details. All I have is his name. How would I go about getting these? I do not wish to contact the company to retrieve them. I believe he still works for them, and if they found out he would be acting as a witness against them, I believe they would intimidate him in some way. If worst comes to worst, can I somehow force the company I am suing to provide me with this man's details? Thanks again
  5. Hi there, I took my former employer to court in January last year, as stated here http://www.consumeractiongroup.co.uk/forum/employment-problems/174935-tribunal-withdrawn-now-going.html Before then I had sent off a subject access request, specifically all of my contract documents, as these would prove my case. The company either never responded or seemed to pretend I didn't ask. Since then I have received an admission that during the case stated above, they tried to look for all of my documents but they had all gone missing. - How convenient... I also have been experiencing all of my letters from the place where I worked going missing. Because of this my communications are now exclusively with the head office and I have a letter from them claiming several letters have been sent from the other place, yet I never received anything. This started happening after I went to the place to show the deputy manager the problems with my wages and I had been seen by another manager who acted very strangely (January 2008 ). In these lost responses there would have likely been photocopies of documents like wage slips and P45. Can I pursue this matter of stolen letters in any way, or at least use this as evidence indicating the loss of my contract documents is not an accident? Obviously this is unnacceptable. I just need confirmation that there would be no problem taking this company to court again over separate issues, in spite of the failure of the first case (due to the sheer stupidity of her majesty's legal system). Furthermore, you might also be wondering why I don't have a copy of this contract myself. Well, again this company again broke the law (they do that quite a lot) by not providing me one when I started working here. Can I pursue this matter, along with the above, in the small claim also? It has not been pursued before either. Thirdly, I know that there is an issue where the issue estoppel can be overlooked under certain conditions. Is it worth further pursuing this also, claiming that the deliberate loss of my documents justifies looking at this other case again? Finally, If I were to pursue this, how much do I ask for?? Any help would be greatly appreciated.
  6. Just to inform; the estoppel was upheld, despite their admission (sets precedent I guess), so it was dismissed. Made them look like villains and had no costs to pay. However it is strange that I am not depressed over it. I guess that is what matters most. Will have to pray these guys still want to settle out of court, or else look to what else I can do.
  7. I thought they had to apply for it as well. It is mentioned in the defence that the previous tribunal was withdrawn and dismissed. I wasn't informed of the respondants request to strike out the employment tribunal case. I only received a letter confirming that it had been withdrawn. However they have a letter showing it had been dismissed, which I definitely did not receive. Since I filed the claim the company has admitted part of the claim, and has paid up for it. They have also claimed to be investigating other parts of my claim, but this was 2 months ago, and I have heard nothing since. All of these letters have been submitted. With a bit of luck this admission will have some significance in whether the full claim is heard.
  8. Thanks for your quick reply I withdrew the claim. I then got a response saying that the claim had been withdrawn. However the defendant in this case says that it was withdrawn and dismissed. I am very worried about this part. I am looking for this letter which shows that it was withdrawn. This seems to be a very complicated aspect which I cannot get my head around, this withdrawl and dismissal thing. I withdrew this case with the expectation that I could take more time to compile a proper case and then take on the thieves who have robbed me. Then again, surely the fact that the new case filed is for a larger amount of money, with different and new evidence (under £5000 thankfully), will have an affect on judgement of whether it is the same case or a different one, will it not?
  9. I really need help with this one. I have filed county court action against my former employer for unpaid and unlawfully deducted wages (have proof of part and witnesses to help for the rest). Before this I withdrew an employment tribunal case. Will this affect me? Having received no payslips from this employer, and attempted writing to them, I was left with very little time to compile a case for the tribunal. Therefore I had no evidence provided and my calculations of the amount I was expecting were incorrect. I was led to believe that I could alter my case before it was heard, as well as bring new evidence, but alas I was told to withdraw my claim by my union rep. This county court case I have filed is for a different amount and has substantial evidence showing that my case is correct. This was not present before. However the respondent's solicitor claims that the tribunal withdrawl means that the case is within the doctrine of judgements (along those lines) and that this must stand, despite absolutely no evidence being seen by the tribunal. I have been told on here there should be no problem going to county court. All this being said the solicitor has provided a defence which despite being incorrect, does not solely rely on this doctrine argument, which gives me hope that they are trying it on a little. I need someone to help me here though. The case is to be heard next monday and i am worried sick that i will lose. If I lose, will i be expected to pay their costs, even if the company admits, out of court, that they owe me? Thanks for any help
  10. I have nothing which states that those wages should be deducted, nor was I told that they would be taken off. I don't think they even were deducted with that possible reason, since I was still an employee when one of the payslips was "issued", ie printed and not given to me. Of course I still have the letter which states that I would remain on full pay. If there had been a deduction I would have been deducted 2 weeks of wages after being sacked, not 1 weeks, as 2 weeks is how long I was suspended for. Even then that is about £450; I am owed £650 in total. Some progress has been made. I received a letter from the head office, some 2 months after I first sent off a letter to them. They continue to deny everything, however it is a big step as it is the first open contact which has been made to me since January. Part of the deduction which has occurred is the equivalent of taking about 8-9 days off work in a 32 working day period (my first 32 days as an employee, taking that amount of time off would have been noticed). I have written stating this, along with the fact that if I did take those days off there would be a log stating that I reported sick/ or that I would be taking the day off. Throw in the witnesses who i worked with, and I dont see what possible argument they could have. I would like to know if anyone can give me more information on the deduction they took and whether they could be authorised? Bearing in mind again that I had no document which gave me any awareness of it. When I was sacked I was told I would not receive pay in lieu of notice, that is all. I wasnt asked to pay the 15p for the fruit. Got away with it;) . Although they rounded my P45 down to the nearest pound, which was 13p. 2p up though isnt bad. Edit: After thinking about it and receiving some warnings, I have decided for now not to post the letter. I think I will wait until court for them to try (and fail miserably) to prove that I am not owed. Anything that I say to them they might attempt to use against me in some form. Is this a decent path to take?
  11. Hi again Ok I am bumping this. I only need this one thing answered. Please bear in mind that the company refuses to give me payslips, and will not comply with any request for information (sar,time sheets or what have you). I need to know how safe it is to take this company to court, without complete proof of the deductions made in July and August. Is my contract with the company, and failure of it to correspond with my pay, enough, should they decide to argue that they do not owe me? And would having proof of deductions made in September add weight to the alledged deductions made in July and August? I need to know because I am ready to file a claim. I just do not want to waste £70 on this (£70 I really cannot afford). Thanks!
  12. haha. "Worse than useless"; I have heard that term coined several times. Basically without their support, I would have argued my case in my appeal, and rattled a few cages for sure, maybe giving me a chance. Instead I went as hushed up as possible, to be certain nobody else would get into trouble, as they advised. I would also be in a situation where I would know that it was my responsibility to get myself paid, rather than them claiming to take responsibility from me and then do very little. I won't get started on the support given in store during my police style interviews and execution. I really need help on this issue. I do not know what to do next. I am afraid of going to court without decisive proof of much of my unpaid wages. I am aware of other cases in this store of staff not being paid and giving up, accepting half pay, threatening tribunal before getting paid, and so on. If I can get a hold of some of these people, would it be worth going to the police if they had fishy responses from the management like I have? (fishy being, for example, a letter I received from them informing me of a fictional amount that I had allegedly received, which was a lot more than I really had received as proven by all of the documents I have)
  13. Hi The company involved (starts with T and ends in o) have not responded to my phone calls, letters from me, or the union's requests. I have requested my time sheets several times and have had no response. It seems as though filing a small claim is the way to go here. I need some further advice though about the situation, as well as making a claim; 1. Whilst I have requested my time sheets (and been promised them initially by the company), is their refusal or non compliance to provide them the same sort of offence as refusing to comply with an SAR? Or should I simply send the generic SAR letter and wait to be sure? I have attempted to contact these people with about 10-15 letters since autumn 2007, and they have seemingly done as much as possible in the hope that I give up or mislead me into thinking I have been paid. Should I bother with it? About the claim itself; 2. Will I be ok to claim, even though I have no definitive proof of deductions (ie this is your pay and taking this back off you) Should I obtain a witness (a coworker) who can remember me working there (and not taking 3 weeks off over a 2 month period as my payments suggest, or will the contract I had with the company be enough? Also how will I obtain a witness. I don't know how to get in touch with former employees. Will the court have the power to summon them? 3. Do I claim interest on top? (wages over a year late, may be treated as commercial debt). Surely someone knows! 4. What about national insurance and tax? I am claiming for the lot, including both of these. Should I calculate these and deduct from my claim? I am asking a lot here I know. Any help will be much appreciated. Also I must add; I am no longer a member of the union because according to them their support ceases 3 months after leaving the company. They realise that my case is a different circumstance and so they are helping me, but they are limited as to what they will do. Thanks everyone!
  14. I was suspended with full pay. I have a payslip for one of these 2 weeks which I was suspended, (the one calculated correctly and then deducted). It has been 28 days since I wrote to the company's solicitor. I am going to ask for an SAR tomorrow. Can anyone give any advice about asking for interest on top of the wages. Plus, if I go to county court, is it advisable to get a solicitor, or is it safe enough to go alone?
  15. Thanks for your reply Andy! Ok; I was dismissed for theft of a piece of fruit during my break. I was not on probation (newish employee). There are contextual factors; eg common practice, done by others under managers' noses, etc. These do not affect my perceived guilt, however I believe they would have had to do the same to every other employee had I brought this up fully in my appeal (I bought it up during my initial dismissal, however the store manager chose to ignore me). This was the reason I accepted resignation and for them to drop the charge against me, rather than fight and risk everyone elses job. The company deny that they have made any deductions from my wages (a white lie considering the proof I have given them three times), and also they claim that they have provided me with all my payslips. This is in spite of me going to the store and physically showing them (4 months ago) that my wages were incorrect on my P45 and payslips which I got. At this time one of the managers told me that the matter would be sorted immediately (within a week). One of the payslips which I did get shows very clearly one deduction, and from my (verified) calculations of what I should have contractually earned, I have had another £400 or so taken. There was a sign on system with a swipe card, however it did not seem to be mandatory, as my manager claimed he would "update the books" himself to show the hours I worked. I also did not use the swipe system in my first month as I had no card to use. I am certain, however, that the "books" which my manager kept, will prove my times of work, and they will also show the days which I was absent. Strangely, I have no physical contract which shows my hours of work. I have a guide to employment, which states how hourly pay and holidays work, etc, but nothing specific to me. This is very strange I think, for such a large company, as it is illegal, I believe. Currently I can seemingly only prove the deduction which is stated on the payslip I did receive. This payslip correctly calculates my wages for one week, before completely deducting them. In other words, I have a payslip for £0.00. The other payslip (2 in total) which I have seems to be a calculation of holiday pay (it is also incorrect - added up wrongly), coupled with pay for one day, but which cannot be attributed to any day of actually working. If I go for an S.A.R - (Subject Access Request), will I be shown the hours which they claim I have worked, as well as payslips? As for the matter regarding the dropping of the charges, a letter was written on my behalf by my union rep. I did not get a copy of it but my union rep has one. I believe it states on it that I will resign and in return have all charges dropped. If I can get this letter from my union rep, which will show that they were required to drop the charges but failed, what could I do? Thanks
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