Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


24 Excellent
  1. Would a defense be that spreadex failed to follow their own dispute rules and therefore haven't followed court protocol in trying to resolve disputes? Can I ask the judge for an adjournment pending the findings of the fos
  2. Hi jasper the company is spreadex and if you search for their customer agreement you can find it on line.
  3. sorry for the format for some reason it wouldnt let me space my paragraphs. hope you can still understand it
  4. Just an update. There is also an indemnity and liability clause in the customer agreement which states , you will indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person obtaining access to your account by using your designated account number and password, whether or not you authorised such access.The company issued me a Final Response Letter saying its your account your responsibility and further added if you are still dissatisfied i have the right to refer this matter to the FOS. I replied informing the company i will be doing that. Didnt have time to send all documents to the FOS prior going on holiday. I am now in receipt of a claim form from the commercial court, included is an acknowledgement of service form asking if i wish to admit or defend the claim.I spoke to the FOS today regarding the company and the use of unfair contract terms, FOS said i should send all docs asap and ask for fast track.Now my problem. i cant get legal aid because the debt is from spread betting (gambling) clearly the costs of the companies legal fees will be huge if i lose. I couldnt possibly argue the rights and wrongs about unfair contract terms in the high court. So im stuffed!!!My only hope is the FOS, and you guys. Im nearly upto my 14 days to respond then if i defend the claim i have another 14 days to issue a defence.Would a defence be the company hasnt followed protcol by following its own internal complaints procedure and ask for a stay pending the FOS findings?Any other advice most welcome
  5. Hi rebel thanks for the quick response. I have a spread betting account which was used by my partners son whithout my knowledge, my account went from 69k in credit to 41k in debt over a 48 hour period. I explained to the company what had happened and they are just sticking to a rule in the handbook that states - when you you access our on-line trading platform you will be deemed to have authorised all trading activity.
  6. Hi Im currently in dispute with an alleged debt, i have made a complaint to the company which i have now recieved a final response letter. The letter says if im dissatisfied i can refer my complaint to the fos, however in the sentence prior the company suggest i contact them to discuss repayment to prevent legal proceedings. Question Can a company still proceed with legal proceedings if the account is still in the dispute process ?
  7. Hi Can anybody point me to the relevent law regarding age on spread betting? Spread betting is regulated by the fsa and enforced by the financial markets act, however i cannot find any reference to the legal age. Is spread betting also covered by the gambling act 2005? regards colin
  8. Evening All I recently represented a friend at a disciplinary hearing. My friend had a written warning. An appeal was lodged stating that the hearing was unfair as the processes were not followed No written notice of the misconduct, not given 24 hours, the warning was issued prior to being notified of the misconduct also the expiry date being incorrect. A letter was sent to my friend saying sorry for the process errors and that a new disciplinary hearing will be arranged. In 16 years this is the first time the company has wanted to hold another disciplinary, In the past where process were not followed any warning has been removed. We have a new pm manager who is tring to make a name for herself. Any thoughts please Kind Regards
  9. As previously suggested you should not react and report all incidents. However in the real world this rule is not always possible. When you attend your meeting Wednesday explain the circum stances that led to your conduct, your manager should look at all circumstances and hopefully mitigate your behaviour. Just tell your manager how it was – handbags at 10 paces and suggest to your manager a disciplinary is not appropriate in these circumstances, as you have now made the peace with the other person. As a suggestion I recommend you try holding out the olive branch and try to make peace with your work colleague informally
  10. Legal privilige is between the solicitor and their client basically this means all communications between solicitor and client will remain between parties unless the client decides otherwise. Have you any legal advise? If you are not in a union maybe check your home insurance or car insurance for cover relating to legal expenses. Have you spoken to your local cab ? If you havent legal cover it would be advisable to contact your local cab
  11. Brandon When you start employment you sign a contract. One of the provisions of the contract is your hours of work. However since the introduction of section 80f of the employment act whereby this act allows an employee to request a variation of the terms in relation to the hours worked etc as long as the employee meets the eligibility criteria. Indeed once granted the proposed change becomes a permanent change to the terms and conditions. However like SareEl pointed out. The business needs of the employer will always come first. Though what you may deem a permanent change the employer will always have the right to change contracts as per business needs. You are going in the right direction ask the employer how the hours you work impact on the needs of the business. There are other legislations that may come into play if the employer cannot` justify any business reasons and try to impose a change.
  12. Emmap, Have you already had a cmd? If so one of the orders would have been to agree a bundle by xxxx date. If you have had an order to agree a bundle and cann`t agree such bundle then you should inform the tribunal office. You can do this by telephone, However the office will need you to confirm your concrerns in writing, you can do this by e-mail. Let the tribunal office give you directions regarding your concerns. At all stages keep the tribunal office informed
  13. Emma phone the tribunal office, inform them you cann`t agree a bundle. The office will give you directions on what to do next
  • Create New...