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Everything posted by LeeandMel

  1. I have set hours (monday - friday/09.00-18.30). I have no choice in this. I only work for one company. The decision to go self employed was suggested by my employer as he wanted to reduce his PAYE liability, and it was sold to me on the basis it would be tax efficient for me and the company accountant would take car of everything. I have been receiving holiday entitlement since 30th July 2010, and this is now just changing. Sorry to sound naive, but how would I even begin to go down the route of a tribunal?
  2. I have my original contract dated 7th Jan 2007. This is when I was employed. I have no official self employed contract, but i started self employment on 30th JUly 2010, and have plenty of emails confirming this and the change over etc. I pay my own NI/Tax as I file my own tax returns, but the accountant that does it is the firms accountant and its all done 'in house'.
  3. Hi. Thanks for this. very useful indeed. I think by all counts I am an employee but simply file/pay my own taxes. May I ask where you got this information? You refer in point 4 to a tribunal? Is this is an employment tribunal? I am looking to explore my rights as I have been pushed around now for some time, and this latest suggestion that im no longer entitled to holiday pay has really rattled me. Could I pursue the route of constructive dismisall, or is this well and truly only open to true employees?
  4. Thanks for this very useful. I think after doing my research I am definitely classed as a 'worker' of the company thereore entitled to many of the same rights as a employee such as holiday pay. I only work for one company, and have continuously worked for this company since going self employed in July 2010 so I think my status is very clear. What im not so clear on is my rights in regards to my pay and pay structure e.g. can this just be changed without any notice or consultation?
  5. Ol, also my title is 'Manager' and I effectively run the firm!
  6. Hi I have various emails dating back to 2010 about the change, and then since the change took place I have a few emails/documents to my 'package' which are titled 'salary proposals' etc. I dont think i have anything that explicitly states I would keep all my rights, but I have been continuously paid on a monthly basis by this company and payment reference has always remained 'salary' on my bank statements. I also have emails booking holiday time off in the past, then full salary received etc.
  7. I have been working for a company since 2006(since the beginning). I was employed by the company, but in August 2010 it was mutually agreed I would become a self-employed consultant of the company. This was a mutual agreement as my employer wanted the benefit of not paying PAYE, and it was 'sold' to me on the basis it would be more tax efficient for me. I was told nothing would change in the way of rights, holiday entitlement etc. I was on a commission based salary package, which simply rolled over when my status changed to self-employed. Gradually since August 2010 my 'package' has chan
  8. From what i've learnt over the last couple of years dealing with this, there is no such thing as an unenforceable credit agreement. Even if there are some serious flaws within the agreement, a judge now has the power to make a decision on whether an agreement is enforceable or not, and basically if you've signed your name to something and you owe the money, then basically its your debt. One route you may want to explore is the PPI one. I've now gone down this route with several of my creditors, and they are a lot more accomdating wiht this rather than trying to get the debt waived complet
  9. yeah I could, but ive been in this stalemate for nearly two years and effectively financial life is on hold. I cant even begin to start saving for house deposit, mortgage etc. I know all these things are a long way off, but I want to get something sorted one way or another
  10. Thanks for that info. I'm just really frustrated as im the one who has been proactively chasing this debt, and trying to resolve it. I've offered several settlement figures and they just dont even listen. I've kept meticulous notes on my correspondance and although court doesnt seem like an attractive option, I know I could fight my corner well. Is it really worth not giving it a go? What have I got to loose? I already havea diabolical credit rating, dont own anything so nothing to lose!
  11. A little bit of background to begin with.... I have various debts, all of which are in some kind of dispute due to an unfortunate change in circumstances. I have two cases which are in the final stages of a legal dispute actioned by my solicitor. However, I have one case which I'm attempting to resolve by myself. I am well progressed with this dispute with MBNA having already froze my account and sold it to CapQuest Debt recovery. This was a about 18 months ago and to date, the account is still frozen with CapQuest and they are making no attempt in recovering the outstanding amount.
  12. Hi I'm currently going through a really lenghty dispute with Hounslow Council about a PCN I received back in January. I am at the hearing stage with the independent adjudicator and am just getting all my facts/evidence together. On my initial representation to Houslow Council which they rejected, the evidence they sent me was incorrect. They supplied photos which were not of my vehicle nor where the alleged offence took place. They have however since sent me the correct photos. Does anyone know if this is something I could use against them at the hearing? ie a type of techn
  13. Thanks again. This is all really helpful info. Would I need to resend the CCA request again to the new address they've provided or are just giving me the run around
  14. Thanks for that. So should I resend the CCA request to the address they stated or just leave it? How do I put the account into dispute?
  15. I recently sent a CCA request to Lloyds TSB in relation to a credit card I have with them. I sent the standard letter, specifically stating that this money was not to be used for anything else apart from the CCA request. I received a letter back from them, saying that I had to resend my letter to their special 'section 78 department'. My original postal order was not included with their reply. I have just received the latest credit card statement and I can see that this £1 was actually paid into the credit card account. Is this legal? I specifically stated this was not to be used for
  16. Ive discussed this with them already and they didnt mention anything along those lines. Just that the account had to be in credit before taking any names off the account. I just cant believe I cant take this 2nd name off the account, even if they want to be taken off. I want my account back!!
  17. I have a bit of a problem! I've got a joint bank account with Lloyds which is from a past relationship and does not get used anymore at all. The problem is, is that the account is £600 overdrawn and until this is paid off, the bank will not let me make this account sole. I'm reluctant to pay this overdraft off, as the 2nd account holder still has access and knowing my luck, id pay £600 into the account and before I know it would be taken out. The account was initially opened in my name only and only several years later was the 2nd account holder added. The overdraft was actuall
  18. Thanks for that. So there are several different ways in which an agreement can be unenforceable. I've just sent my CCA request so i'll keep you posted. Just for everyones information, im not trying to wriggle out of any monies I owe, but I have fallen on rather hard times lately, and my credit card company is not being very sympathetic at all and completely taking me to the cleaners! Charges after charges with extortionate interest rates. I just need some leverage!
  19. I've read so much about this subject but failing to acknowlegde what the actual loophole is. I know all about the pre Apr 2007, and sending a CCA to your creditor etc but what is the actual loophole. Am I being stupid?!
  20. Alright I get the message! I didnt think I was hijacking it, just joining in the discussion! Had a bad day perhaps!!
  21. Hi Guys. Ive just been readinf through the following posts with great interest. Can someone tell me what this letter template 'N' is though?! I followed one link which took to me a letter but it was talking about mortgage arreras etc so I don think it was the correct letter. Thanks in advance!
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