This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

contracting rights seem to be a large grey area by the looks of it!

wondering if anyone can give me advice on any rights I may have. I do work for a company (client) who pay the recruiting agency & the agency pay's an Umbrella who sort out my tax & NI, etc. & give me whats left. I have been doing the same contract for the last 4 years or so. I have contracted hours, but I am also forced to work within the clients policies & guidelines. Over the last 12 months I seem to have been doing a lot more work than others in my area. I have asked for more money but the agency said the client said no. I have also had my overtime rates cut from 1.5x & 2x down to single rate... which is annoying. Over the last year, the client have introduced a new tier (tier 2) of perm employees, I was never offered a perm. position for one of these roles - It is classed a lower grade of work, but for the pay, I would have jumped at the chance of perm employment - its less than £75 a month difference by the time I pay the umbrella their fee & pay both employers & employees NI as well as Tax - Which I would gladly trade in for more shorter days & paid holidays. Infact, If I took off my holiday entitlement, as I dont get paid, I would be worse off! Up until that point I had been doing all Tier 1 & Tier 2 work - I was classed as a Hybrid, now I just do Tier 3 & a little Tier 2 (the new Tier was shoe horned between Tier 1 & 2, making the old Tier 2 to Tier 3!) which means longer days (because of travel distances), late finishes, etc. as some work can only be done outside office hours - which as you can imagine has grinded me down without having the extra few quid the overtime used to pay. I work for the client 37.5 hours a week I am not allowed to take on any "outside" work during these hours I am to announce myself I am xxxxxx from xxxxxxxxx

28 days comes into affect on April 1st 5.6 weeks Holiday Entitlement - BERR

Hi, I have had a lot of hassle with three since I took out an 18 month contract 12 months ago. I've basically been looking for a loophole to end my agreement for the last 6 months. My problem is that I dont receive bills every month. - Ive received 3 bills in the last 8 months! Even a duplicate (that cost me £5) failed to arrive. I've never disputed I owe them money, but I do dispute handing over cash without checking my bill as I had a very bad experience in the past. Obviously this is playing havoc my Credit Score. Anyway, today I thought thats it, I cant get around it, So I phoned up to give my notice as stated in their T&C section 10.3 guess what? they wont accept my 180 day notice period! - I am falling within their T&C of giving at least 30days & they wont accept it as their computers dont support this option - In fact they wanted me to call back 30 days before my contract is up & only then will they accept my cancelation notice. Now that will carry me into 19months if I forget by 1 day! So...... Are 3 in breach of their contract? If so, then I have grounds to terminate my contract with immediate affect & no penalty . I have had no problems with 3 services/signal strength, or my mobile phone. The only reason I want to leave is because of the failure of a bill arriving on my doormat. I've even offered to pay the extra £1 odd for them to send it recorded every month, which they wont do.. so they cant say Im being unreasonable or havent tried to fix this problem.

I would say this is theft. It's unathorised & unless you have a direct debit, its illegal for them to take the money. Complain to Virgin & tell them you are going to complain to Visa/Mastercard/your parents local bank, etc. unless the money is put back & you are compensated. Can a company legally keep credit card details like this without your permission? I wouldnt have thought so. They can have the facility to accept card payments withdrawn for this. You should at least be able to squeeze 1/2 price line rental for a while or some other free service as compensation.

Happy Days. Just received a letter in the post saying my Cheque is on the way for full & final settlement. Perfect timing as the solicitors bill hit the mat with it for my home buying £1200 in & £600 straight out! hehe. Next stop is to get my default noticed removed.

latest update : I just checked moneyclaim & the latest is :-

Nice. I just checked moneyclaim & the latest is :-

IIRC Capital one use a company called Newmans & Co. One thing I done before settling was ask for written confirmation that the settlement would be final & I refused to make a payment until that letter came through. I would contact the Debt company who you settled with & ask the status of your account. If they settled in full, then ask for written confirmation

Whooo!! I hope so to Im buying property & could have the keys this weekend! The money will be a timely boost for Deco (1st time buyer) & will put an end to my old problems Good luck with your case Elizabeth1. Ill keep this thread updated as an when I hear anything. Just to add.. My Other Credit Card Lloyds TSB - Ive had all my details back & my account status is practically parallel to that of Capital One. Charges that added up came to less than £100. - Big show of difference eh?

I received a Acknowledgement of Service on 31/10 & still waiting

Bump? Do I have to do anything now Capital One have filed an Acknowledgement of Service ???

Gongrats. Thats really quick. Mines been ongoing since May! Maybe I'll be firmer next time

Right. Had a letter today from Capital One with their intention to defend all of the claim. They have filed an Acknowledgement of Service that will give them an extra 14 days - (so 28 Days in Total) Does this mean I have to do nothing but wait? Or Do I have to file my argument?

Im going to fight the Default seperate. Default notices can still blemish your record, even when settled. Ive thought I'll get payment 1st, then fight the default notice. Once thats settled, Im going to take some independent advice & see if I have a case to 'sue' them or claim compensation for the hell they put me through. Including threats of bankrupting me, sending in Bailiffs, etc. Even phoning up & asking for my by 1st name & saying that they was a friend or work colleague. All the above tactics are illegal. Pity I didnt record the times & dates they tried it.

Wow thats quicker than I thought! Was searching for how long moneyclaim takes as Ive just submitted mine to Cap One today.

Can they actually do that? Pay it for your Balance?

Hi, I would send one last letter refusing & that if you dont get a satisfactory reply within 14 days, then you will procede with legal action.. Thats my Advice, hopfully someone more qualified will be along to agree with me or not

Just a small update. Finally had £120 spare to be able to afford to pay the court fee. So thats been submitted online this evening. 10fingers & 10 toes crossed

Hi, Im going to court. They havent responded to my last 2 letters I sent in August. Everthing is filled in on Moneyclaim website, just need to stump up the £120. Been an expensive 2months as I'm in the process of buying a new house. Should be paying it this month though Really hate the way Capital One business model is to go after those with poor credit ratings. My Interest Rate jumped over 10% during the 5yrs I had the card. Could really do with a payout.

Hi, thanks for you reply. Yes I have done the spreadsheet & Sent Cap1 a copy... including an estimate for interest. I have also sent them a clear deadline date, including my final notice for action twice (after I couldnt prove the 1st one was delivered). I called them yesterday & they did say they arent going to budge. They are not prepared to remove the default notice - which was basically caused by their charges (owed £550 - lost my job & it defaulted on £1200!) - It was all charges & interest. Even when I tried to make a token payment, I got with £20 or £40 in charges (late payment/non-payment/under payment combination). I guess a trip to Court it is then

Can I get a little more advice please? I refused what they offered as suggested & wrote back saying so... My Royal Mail Receipt shows this was signed for on delivery & Received. I received a phonecall around 15th July, but wasnt around to take it & heard nothing since after that... That was Several weeks ago, so I shot off another letter towards the end of july saying I wasnt around, etc. & reminding them about my claim. I misslaid my Royal Mail "Signed for.." Receipt & didnt get a reply from Capital One either. So, I Sent off another Letter nearly 2 weeks ago with another polite reminder & sending copies of all previous correspondence & still not heard a thing. Think its time for court? or should I give them a Call?

Cheers. Thats what I'll do then