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guitarist27

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About guitarist27

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  1. Hi guys, happy new year to you all! I hope someone could give some advice/their point of view on a situation that has arisen with a previous employer and staff member of my previous employer. Around July last year I started working for a new employer, following on with a career path in IT repair which I had worked in for three years previous. I successfully passed my probationary period of three months and subsequently was given a full-time contract. After reading through the contract, it became apparent that my job title was incorrect or was not for the position I applied for. So I had a word with my manager and explained the situation, only to be told that it was a generic contract, that all employees were given the same role and that because my duties were the same regardless, it didn't matter. I explained to my manager that the reason I had taken the position was for career progression and from a potential new employers perspective, my official job title would have made a significant impact in any potential new positions that I apply for in the future. I made it clear that I was in no way implying I was looking for work elsewhere, but that should I apply for a new position in future, I would either have to lie on a job application/CV to get any chance of getting an interview or use their proposed job title and risk not getting any second look for interview stage. My manager then proceeded to tell me that "I can change it for you, but what you will have to realise is that should business take a turn for the worse in the future, we would look at making ~surplus~ staff members redundant first." I was adamant with him yet polite, and said that I would appreciate him for having this amended and reissued so I could sign and return to him. An hour later, my new contract was emailed through to me with the correct job title showing. Nothing more was mentioned regarding redundancies and the business seemed to be doing reasonably well and was busy as always. Two-three weeks later as I was leaving work, the sales rep they had working for them asks me to wait for two minutes as the manager in question needed to speak to me but was on the phone. A couple of minutes later my manager walks into the canteen where I was waiting and hands me a letter of redundancy explaining that they had thought about any way around this decision but could not find an alternative. I collected my belongings and left not saying a word. After getting home and reading through the letter, they had stated that I was only getting paid up until the day I had worked (i.e. no notice payment in lieu) and also that I would have a couple of days holiday pay taken from my final wage (which was accountable for.) I contacted my manager and also the HR secretary to ask them to confirm the details of the letter and explaining why I wasn't receiving and notice pay. Within a few hours the HR secretary contacted me back apologising for the mistake and confirming that I would receive one week's pay in lieu of notice and also they would waiver the two days holiday pay they were going to deduct. I have quickly found another position, and am now one month before the end of my probationary period. A couple of days ago I was out shopping at B&Q. I had just parked and was locking my car when I spotted my ex-manager in the car park a few vehicles away from me. So I approached him to ask him how he was and wish him a happy new year, only for him to square up to me two inches from my face asking if I had a problem with him or wanted to say something to him. A little taken aback, I said I had no idea what he was talking about. He then continued ranting on about a joke meme I had shared on Facebook mid-November regarding vegans. I asked him if he was serious, and before walking away to meet his missus and child, points to me and says "you better watch what you say you." I have since sent him a polite message on Facebook, saying that I didn't appreciate being spoke to or threatened in the way that he did, that I have contacted the store who say they possibly have CCTV of the incident should I wish to report him to the Police and apologising if the post I shared offended him. I have had no reply from him, no apology and he has now blocked me on Facebook. I'd just like to hear other people's spin on this. In this situation would you take action and report him to the Police and/or his employer? Would it also raise question as to the validity of the reasoning behind my redundancy with the company? Any ideas/suggestions would be greatly appreciated. Thanks
  2. Not that I'm aware of, although I don't know of any employees who left whilst still being in contract
  3. I hate bailiffs is correct - they are not able to levy if you do not have a car and can't do what is know as a "doormat levy" (ie levy goods such as a dustbin.) Make sure in the meantime that all your valuables are locked away, out of sight inside your house and keep all doors and windows locked shut when you are not home. Bailiffs can gain entry through an open window or door legally. What you need to do is gain the following information from the council, as DX100UK stated above. What you need to understand is the amount that was passed from the council, the periods which these amounts are for and ultimately, the amounts of the charges that the bailiffs have applied to your account: *You need to speak to someone at the Council and ask the following questions: 1 - how many Liability Orders they have against you 2 - the dates they were obtained 3 - the addresses they were for 4 - the period of time each covers 5 - how much each one was for 6 - how much is still outstanding 7 - the dates they were passed on for enforcement 8 - the dates & amounts of any payments* Once you have that information, post a message back with the responses they give and we'll advise what to do next. I have been down this road myself; I had a bailiff chasing me for council tax payments who tried to raise a levy on a vehicle I didn't even own (one of my neighbour's cars!) I complained all the way to the council (as they are legally obliged to deal with complaints regarding contractors under their employment) and the bailiff sent me a letter stating that the levy fee had been removed and that if the council were happy with me to continue paying them directly it would take no further course of action. Don't worry you're in good hands
  4. Sorry to keep bumping this thread but I have only just realized - they haven't supplied me with details of the "credit limit" neither in the Hire Agreement nor in a pre-contractual information form.... Please clarify if I am incorrect in saying this but if I request the credit limit information, could I then give them 14 days notice from the day they supply me this information, that I no longer wish to continue with the agreement? Also would they need to return me to a pre-contractual state, along with refunding any monies I have paid to them within 30 days once I have returned the handset to them? I think this is correct as per The Consumer Credit (Agreements) Regulations 2010 & The Consumer Credit Act 1974 but just need a second opinion: http://www.legislation.gov.uk/uksi/2010/1014/schedule/1/made - Paraghraph 5 http://www.legislation.gov.uk/ukpga/1974/39/section/66A
  5. It actually mentions: The following mobile phone handset is to be hired in accordance with clause 7.1(a) below (the "handset"): iPhone 5 32GB Black (On the "Orange Network/Tariff "orange_solo-25")> Section 7.1 is in relation to the provisioning of the product and states that during the hire period I get the use of one handset of my choice hired in accordance with this agreement and connection to the network (Orange) which will be held by ******* (my employer) with ******* being the ultimate account holder.
  6. It states that I am the hirer, not my employer nor Orange. It also states that that the agreement is between me and my employer
  7. Could someone please move this thread to the General Consumer Issues section as I think it would be better answered there (the question is more about the contract itself rather than the mobile phone?) Many thanks
  8. Please read my post again, I wasn't asking questions regarding the apparent data protection issue.....
  9. The contract itself states in huge bold letters at the head and on the front page "Hire Agreement Regulated by the Consumer Credit Act 1974" so it seems the terms they have bound me to are implicated in the CCA Orange flat out refuse to speak to me as they just say that the contract is in my employers name and that any enquiries need to go through them, my employer is stating they can't discuss the services which have used the data with Orange as it constitutes a breach of data protection laws.
  10. Hi there peeps, I was wondering if someone could shed some light on the legal implications of a mobile phone contract I took out just over a year ago with my current employer. Back in February 2013, I was offered a mobile phone contract through work as part of an employee benefits scheme that they run from time to time. I agreed to a 24 month contract through them with Orange accompanied with a shiny new iPhone 5 at a cost of £40.65 to be deducted from my gross salary, on a monthly basis. I signed a contract to state that they could take the money directly from my salary over 24 months and that if I left employment with the company they had the right to deduct the remainder of the monthly amounts from my last wage with the company. Also, they had set up a DD to deduct any amounts of "overspend" over my monthly allowance directly from my bank account. back in November last year, after some disputes internally about not hitting sales targets, I decided it would be better looking on my CV if I handed my notice in (as I had already been through 2 disciplinary meetings and wasn't getting anywhere with requesting my targets to be reduced despite me working there for 3 years and hitting target consistently every month for the past three years - that is another story though.) Having paid just over £650 out in my last wage to pay up the contract when I left, I was very fortunate in that I managed to land a more suitable position in the same company literally two weeks after I had left. Happy days! Fast forward to May this year when I checked my amounts leaving my bank account (forever the money saver!!) only to notice that the amounts of overspend that they have been deducting from my account had increased five-fold from around £1.00 per month (prior to me leaving employment) to around £5.00 per month (after I had left up until recently.) In addition to this, I had noticed that I have been charged by them, two payments, one of £71 and the other of £42 - in the latter, more than 70 times my usual monthly overspend amount, as per the amounts that I was usually spending prior to me leaving employment. As far as I can fathom, my tariff had not changed from the "Orange Solo 25" tariff which is stated in my contract and I have not received any notification that any part of the contract has changed since initially leaving employment. I questioned this with my "billing company/employer" and was told that the amounts were for mobile data usage, given an apparent itemised bill (which just showed my usual usage as well as several erroneous extra bundle charges, strangely equaling the exact extra amounts) and was told that the amounts were correct with no course of recompense if I disputed that I had used these amounts legitimately. Subsequently, I contacted my bank and submitted two separate indemnity claims for the amounts they had took that were extortionate, as well as cancel my direct debit via my bank. I informed my billing company that I had done so due to me disputing the amounts of overspend and requested that they contacted Orange to provide details of the sources for the overspend amounts (ie either via reverse SMS billing or from IP addresses which I could use to locate websites/services in order to ascertain eithe r if I had legitimately used the data or, in fact whether I had actually done so.) I also said that I did not wish for the amounts to be deducted directly from my account so I could keep more control over the amounts leaving my account (as previously I have tried to communicate with Orange directly, only to be told that it is my employer/billing company that owns the contract and that I need to speak to them regarding any charges or details relating to the contract.) Their response was "if you have raised an indemnity claim for the amounts and have cancelled the direct debit for the overspend, we will bar the handset" and in terms of the data that "they could get amounts of data used as well as dates the data was transferred, but not itemised services or reverse SMS billed data due to Data Protection" - a term which is in my contract stating that they can access this information and that I give them permission to by agreeing to the terms of it. My question is, if they are stating that the necessity of a direct debit on my account is so important that it nullifies the contract should it be cancelled, surely this should be in the terms of the contract itself and, if it is omitted, then this would be a claim of imposing a misleading term in the contract by failing to state intrinsic material information which has made me make an informed financial decision (as per the Consumer Protection from Unfair Trading Regulations 2008?) If this is the case also, am I correct in saying that they would have to revert me back to a pre-contractual state by refunding any amounts I have paid to them from the commencement date of my contract once I have returned the goods and they are examined to be free from damage and neglect? If I had of known that I could not pay in any way I wanted for the overspend amounts, I would have exercised my right to cancel the contract within the 14 day cooling off period, but due to this not being in the contract and only just finding out about it now, the 14 days has been and gone and it seems as if I have been well and truly stuffed. I have left out my employer's details for obvious reasons... Any help or advice would be highly appreciated. Many thanks
  11. Start date of the first AST was 25th September 2012 and was for a period of 6 months, the start date for the 12 month tenancy was 25th March 2013. LL gave notice by just informing me 5 weeks before the end of the 12 month tenancy, no S13 was given, was just told verbally. He basically said that when the new tenancy came into effect on 25th March that the monthly rent would then be increasing. Didn't inform me as to how much notice I was required to give officially (nothing in tenancy agreement to state it) should I wish to end the tenancy early, just that should I wish to end the tenancy before the end of the term, I would be liable up to the end of said term. I moved out before paying any increased rent amounts.
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