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Elenathion

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Everything posted by Elenathion

  1. Oh I should aslo note that the laptop is on credit so I am paying and will continue to be paying the original price for 4 years in total.
  2. My laptop is now 16 months old. It broke after 11 months and was repaired and broke again 2 weeks ago outside of the warranty and outside of their 3 month guarantee for repairs. I am aware of my rights regarding the SOGA and PC World are currently processing my engineers report. What I am wondering is - if anyone has been given a refund or voucher from PC World after their warranty has expired, do they generally get a refund of the amount they originally paid or do they give you what they consider the laptop to be worth now? Thanks =O)
  3. Yes, they are within their rights to ask you to leave the premises early but they have to pay you pay in lieu of notice if they do.
  4. I would write to them quoting the relevant bits from that link and demanding a pro rata payment of 4 weeks holiday pay for the hours you worked.
  5. I'm no expert on this but found this link: European Court of Justice rules on rolled up holiday pay - Holidays must be paid for at the time that they are taken So does your contract stipulate any holiday allowance? If so, how much allowance should you be getting? The working time regs say 4 weeks but your contract may say more. Does your payslip give a breakdown of your pay into salary and holiday pay? From reading that link I would say that if your pay slip does not show the breakdown and it is not mentioned in your contract that it is included in your salary then it is not transparant and therefore illegal. In addition, if, as you said it states in your contract your rate of salary without mentioning that this includes holiday pay then I believe that this amount can only be counted as basic salary which doesn't include holiday pay, as again this is not transparant.
  6. This isn't accurate. Disabled people aren't precluded from being fired even if the time off is because of a disability. I speak from experience as I was dismissed as I had a large amount of time off for illness relating to my disability. I am however pursuing a claim for disability discrimination on the grounds of failure to make reasonable adjustments. That's the crux of this - an employer has a duty to make reasonable adjustments to stop a person being put at a disadvantage by their disability. They can't just fire someone without attempting to help them stay in work first. Your family member needs to make sure that the employer is aware of his disability and request that reasonable adjustments are put in place. Such adjustments could be providing a seat or frequent rest breaks etc.
  7. Hi guys, I've been having an issue with BMI Baby also, and although it's not identical to this, I'll post my experiences here. I sent a recorded delivery letter to BMI Baby and never got a response. I finally contacted the AUC (Air Transport Users Council) at www.auc.org.uk who are brilliant. They advised me to wait 6 weeks for a reply and then to contact them again. I did so and they then wrote to BMI Baby on my behalf, upon which I finally got a response. BMI Baby are still being problematic with my case but the AUC is amazing at helping and should be able to help you if it's been longer than 6 weeks since you wrote to them.
  8. There is nothing in the IB rules that says a student is not eligible but you should talk to your disability advisor in your jobcentre so you can declare it in the same way that you would declare permitted work.
  9. Can anyone please clarify the situation with regards to whether mobile phone debts are covered by the CCA? I'm trying to help my cousin who has been sent a letter from Red regarding an O2 debt. He is sure that he has never had a contract with them. I sent a CCA request to Red regarding this and they have replied with the following: "The account agreement to which you seek is not a regulated agreement under the consumer credit act 1974 and the provisions of this act do not apply to this debt. OUr client therefore has no obligation under the provisions of the act to supply the information requested by you." Is this correct? If not, can someone suggest a letter which I can send to them to point out that this isn't correct. Thanks =O)
  10. This doesn't seem to be just for people on benefits. I spoke to Swalec and I think it's a government scheme to help anyone classed as fuel poor - that's anyone whose fuel bills are 10% or more of their income. So anyone on a low income give this a try.
  11. Do you get both child and working tax credits?
  12. I've had the following e-mail from Plusnet and I was wondering if this is something that they can enforce:
  13. How many hours a week does your partner work?
  14. Why have you felt the need to start a new thread on this? Just leave it, there is nothing more to say on the issue and you are just being argumentative now.
  15. Well that's a really constructive attitude Wingus. Why don't you try and see it from other people's point of view. If we had misinterpreted your advice then the OP may have also. Then they might have put depression down without actually having it and been disallowed from DLA again or they might have gotten into trouble. There is no need for any of this. I am sorry if I misunderstood what you were saying but you need to take responsibility for your own responses since.
  16. Enemae you previously quoted the following but when it is combined with the next bit Then it is no wonder that a number of us took this to be advice to fake it. Like I said a simple statement like - "I'm sorry, I didn't mean that. I thought it sounded like the OP had depression so I was just reminding her to include it if she does" would have avoided all of this unpleasantness.
  17. Wingus, if we had misunderstood your post then you could have explained that instead of getting so immediately defensive. This would have been solved much more amicably then. I would like to add though that anxiety doesn't always mean depression. They are diagnosed totally seperately.
  18. I'm waiting for my DLA to be accepted or turned down now and I was wondering - if I get refused and it goes to appeal, when does it get backdated to? The original application date or the date of the appeal? Anyone know? And back to the thread - I found the form incredibly difficult to fill in, mostly because my disability is mental health related and thats only a small part of the form. I actually had my community mental health nurse help me with mine and he helped me to put my difficulties into the context of the whole form such as putting that I need help in the difficulty walking section which I would have missed out otherwise as physically I am mobile but mentally I often need someone with me. My point is that I would never suggest that someone fills this form in on their own because incorrect filling in is one of the most common ways that people are refused DLA and also because as it's already been said here - people do hugely underestimate their difficulties.
  19. I also found that a bit insulting to those of us who do have genuine mental health disabilities. Do not take that advice and claim for illnesses that you don't have. Instad get the CAB on the case and be honest.
  20. I agree, definately appeal. I don't know the exact numbers but a lot of people are refused DLA and then win the appeal. Unfortunately with DLA, how you fill in the form can dictate whether you get it or not. I would go to the CAB and ask them to help you with the appeal and also ask them to come with you to the appeal hearing. They tend to be very good with knowing exactly what to say or how to say it.
  21. Update: This was successfully set aside with costs awarded =O)
  22. Thanks for the replies everyone. I used the same paragraph Monx and my understanding was the same as yours. I was disappointed at what he was saying but I could see what he meant and why he came to that conclusion. At the end of the day I still got costs so it's a kick in the teeth for all DCAs that keep trying this. Of course I'll help others, I check on here daily to see how I can help =O)
  23. Red / Lowell failed to provide a CCA and admitted that it wasn't available due to the age of the alleged debt, so the SD was set aside on that ground and I was awarded costs also. Feel so pleased right now, and hope they realise that sending me that SD was one of the most expensive pieces of confetti ever for them. I was awarded costs on the standard basis but did ask for them on the indemnity basis using the paragraph that I have seen on here. The judge said that he couldn't award them on the indemnity basis though as I would be making a profit and that is not something that he is allowed to do. So bear this in mind if asking for costs on the indemnity basis.
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