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dawg

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Everything posted by dawg

  1. The contract was very vague to start with. They actually amended it by hand and initialed the change before i signed as they didn't state what their business actually was .
  2. There is no mention of penalties, its just states that im not allowed to work for an employer or contractor whose business conflicts with theirs, including self owned businesses within 360 days of the expiration date of the contract. I assume the expiration date is when my notice period is up.
  3. No, it actually states in the contract that I work self employed as an independent contractor and that im responsible for my own tax, NI and public liability insurance.
  4. Yes im self employed, the relationship is I use their printing equipment and they supply the stock for me to sell within the venue so there's no outlay to me and I have access to their venues, which other photographers wouldn't be allowed into. There is no geographic limit
  5. Ive been working part time for a photography company for some time now as a freelance photographer on a commission basis under contract so I could access their equipment and venues. One of the clauses in the contract states I may not work for a competitor or be affiliated with one within 360 days of leaving the company. Now the main reason im leaving is due to a change in management, the guy who took over has given all the work to his friends or people who have been employed longer than me and for at least two months ive had no work, or been offered work that does not even pay for fuel costs to get to the venue. Sounds petty I know, and its not like I can prove this to be the case but that's whats happened so all I can do is leave to look for work elsewhere. What I need to know is, is that clause enforceable under these conditions?
  6. Both interesting reads, thank you. So correct me if im wrong, but what im reading basically says whilst its not illegal for the banks to take money from my account to cover the credit card debt, they should inform me 14 days in advance and if they have already agreed to a repayment term, which they have, going back on this without good reason (ie me not paying them the agreed amount on the agreed date) then they would be acting unfairly and in either case I would have grounds to take them to court. What I also learned is that I may be able to complain as I have had over £200 worth of bank charges due to bounced DD`s in the past year, usually because DD`s were being taken early in the day and my wages or money transfers werent clearing til late that day.
  7. Please forgive the formatting of the above post, I copy and pasted this from another thread I started elsewhere and it wont seperate lines or paragraphs when I edit it for some reason.
  8. Hi,Im not sure if this is the right section but im looking for a little bit of advice.Ive only just realised Barclaycard have taken over all Egg accounts, I see now this was big news but I dont recall ever receiving word about it but thats not really the problem at the minute. During the credit crunch I entered into a DMP and Egg were one of my creditors. Ive never really recovered from the situation the credit crunch put me in so ive remained on the DMP. My concern is that I bank with Barclays and although I dont have any savings and im always in my overdraft im concerned that they can take my wages and prevent me from paying my bills. Ive checked with my DMP manager and Barclays have accepted the offer of payment so its not like they are chasing me for the money but im still thinking it might be wise to move banks. I have an account with Loyds and also one with nationwide, neither of which I use but both are active, would anyone know where I can find out if either of these are part of an institution as ive heard banks part of the same institution can access other banks accounts for setting-off.Barclays are not the only creditors I owe, also owe to Co-op, HBOS and MBNA.Any advice would be appreciated
  9. Thanks Slick. The only reason I am planning to use the account is work will only pay the shares into my regular account which means I would have to completely switch my accounts for that period, which could cause all sorts of problems with direct debits. But... I guess if thats what I need to do then I would have to do it. And believe me, I would love to pay off my overdraft, but try telling the missus to stop spending the money we manage to save, thats the hard part Thanks for the advice though!
  10. Im just curious, I have an overdraft on my barclays current account which I seem to constantly live in. Its no biggy, I pay the interest and the banks have never complained. Ive gone over the limit a couple of times when Ive misjudged direct debit dates but ive paid the fees without issue. Im now planning on cashing in some shares I get through work to pay for some work on my house. Its likely this will take my balance above zero so im wondering, can the bank instantly cancel my overdraft and use the funds from my shares to pay it?
  11. Good luck with the appeal Paul. Ill be watching this thread myself. Ive not been to court so if this seems silly please tell me but maybe it might be worth also gathering data on how many letter the post office admit to losing each year and also dig up the information that was recently revealed about the DVLA losing letters also. I believe there was a case where someone requested all of this info through legal channels and took it to court with him and won his case. I dont have the link to it but its possible this may have been mentioned on these forums.
  12. No I dont think they are obliged to supply you with a replacement phone and even companies that do they usually give you a basic model and charge you a deposit which is actually more than the phone is worth. You would be better off buying a basic handset for about £10 and then keeping it as a future emergency spare. Another thing worth checking is that if it is returned 3 times, they sometimes have to offer you the option of a different phone altogether. Im not sure if this is a legal obligation or if its just something some of the phone companies offer. If you do need android whilst its away though, there are £30 android handsets being sold by t-mobile which make good spares. I would definitely try reflashing the software, you will likely find it will solve your problems. So sorry I cant help you much with the legal side but a good place for phone support would be the XDA forums.
  13. I know the whole return it 3 times and then they replace it usually applies after youve had the phone a while but as you spotted the issue and reported it in the first 2 weeks its my understanding they usually replace it. Phones4u are a slippery bunch though and you will likely have a fight on your hands anyway particularly if the fault wasnt logged. I know ive had this same fight several times . I know its not much in the way of legal advice but have you tried a full factory reset? You could also download the RUU rom from the HTC website and reflash it. Ive had htc phones in the past and sometimes if the software has had a bad install these problems arise and a reflash usually sort it out, if not then its a hardware issue
  14. Thanks for that. It certainly looks like ive got a case, but what if the sales girl denies making the claim the software was 2.2. Do I then have to prove she did or is the customers view taken?
  15. I bought a mobile a few weeks ago on a 2 year contract in a T-mobile store however ive since found out its not what they told me. When I bought it I specified it must contain android 2.2 or higher software. This is because at work we use a lotus aplication for corporate emails and the security policies needed for this were only introduced in android 2.2. The sales assistant assured me this phone was android 2.2 and that if the current handset was only 2.1 then an update would appear within a few days and I could install it over the air. So as no update appeared, I assumed I had 2.2 software, a week later the IT department managed to get round to installing the email software where they then informed me my phone was only 2.1. I then searched the internet and it turns out this phone has not had an update to 2.2 and nor is there a date for it. I called the T-mobile store but they have told me the girl was new and from another store so she probably didnt know but unless she verified my story then there wasnt anything I can do. When they asked me how long I had had the phone they then told me since the 7 days had passed then basically it was tough luck and that there was nothing they could do anyway. When I explained that I had just signed a 2 year contract and they had missold me the phone I was basically told "sorry, you should have noticed within 7 days so we cant help you" Ive contacted the customer services and they tell me that as it was bought in store, only the store can deal with it. So, what are my rights? Am I really stuck with a phone that doesnt serve its stated purpose for another two years? Any advice would be appreciated
  16. sounds like your in a similar situation to me, mine was a lot more complicated but as it was well over a year ago I have nothing left about that car, I have no idea if I sent it recorded delivery or not. I now have two fines which is making me nervous for court as two together make it look like its me not notifying them but I know I did so im going to defend it as best I can. There must be some sort of purge on at the moment for these letters to be coming out. If I was the registered keeper of my car I should have at least received a tax reminder yet Ive heard nothing about this car since it was taken away
  17. Im starting to think they have decided to target me! Ive just received a late licensing penalty for a car I scrapped a year ago. This is because I failed to tax it in january of this year even though the last time it was taxed was 2009! This is the first Ive heard of this car since I sent in the log book....
  18. Hi everyone, new guy here but ive been luring for a few weeks trying to read up on all these goings on with the DVLA. Ive now fallen foul of their service, I sent in my sorn declaration for my motorbike as I usually do in the winter and then a few weeks ago ive received the penalty letter insiting they didnt receive the form and now I must pay £80, but if im quick I can have it for £40. Ive sent the letter back insisting my innocence but due to not having proof of sending they tell me im still in the wrong. Most cases ive read about are a few years old, is it still worth fighting or is it better to just pay nowadays?
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