I only asked what your qualifications were as its not uncommon for people who know sweet FA to give advice when they shouldnt really be getting involved. AS I understand it then, from your reply, she may well have to repay the training cost, but they can't do this via a wage deduction and should I therefore assume that they would have to send us a bill? Could you shed any light on the other issues I raised about non payment for training, travel etc which appear to be in contravention of regulations on NMW. I should have said regulations in my OP rather than guidelines as I guess that implies that they are not legally binding.

can I ask what experience or qualifications you have to make such a reply when it flies in the face of what the rules on NMW state. The fact that there is a clause in a contract does not mean that the clause is enforceable.

My partner is a care worker and has just handed in her notice to move to another agency. As you are probably already aware care workers are applaingly paid and her current employers seem to be exploiting their staff, but there is one point I would like some advice on please. Her contract states that she has to repay 100% of training costs if she leaves within 6 months, she ahs been there 4 months. However reading the NWM guidelines it appears that any deductions of this anture, although training is not specifically mentioned, are counted towards NMW and that in effect in her pay for the period in which the deduction is made her pay after deduction must not fall below NMW. So if she works 60hrs in the month at £6.30 an hour, then by my reckoning the total amount of decutions cannot exceed £24, as if it did her pay would drop below the £5.90. Am I correct in my assumption. Other issues if anybody would like to comment are the fact that she has not been paid for a training day, or for the travel expenses to get there, when guidelines say she should be paid. Furthermore she has never been paid any travelling time between clients, guidelines say she should be, although she is paid 50p per hr in addition to her basic to cover travel. However if she has a 30minute call at 9am, then a 30min call at 10am and a 30mincall at 11am she is only paid for 1hr 30mins, no money for petrol, but guidleines state that in this sort of scenario where the time between calls is so short as to be of no use then she should be paid from 9am til 1130am as effectively she is in work the whole time.

I have been having problems with these people for two years. Theyw ere chasing my partner for money. I paid the outsnding fees, but told them they weren't getting a penny in fees. Numerous letters back and forth, they claimed the debt wasn't covered by CCA. I requested copy of original contract which stated clearly that it was covered by CCA. I asked them to make all future contact with myself rather than my partner, as is a right under the CCA, and to stop harrassing my prtner. They have continued to address all contact to her!! I have told them numerous times of my rights and their obligations under CCA ande xplined why I consider there charges to be unreasonable, they juts ignore these letters sent Registered as if I had never asked the questions. They do not provide any information requested etc. They kept sendinbg those draft court documents and in the end I said fair enough take us to court, then it all stopped. I had heard nothing form them for over 12 months and assumed that it had all gone away then this morning my partner gets a letter saying that they are sending someone round to collect the money!!!!!!

Thought I had got these people off my back but lo and behold another letter dropped thru the door today. Firstly it was addressed to my gf after we specifically asked them not to do, secondly they have enclosed a copy of the credit agreement which ststes in big letters that it is covered by the CCA, CRS have been denying my claims that the charges were illegal by stating that the debt was not covered by the CCA.

These people are harrassing my mrs big time. We originally sent a cheque to cover original debt and dispouted charges for similar reasons already mentioned, no contract with CRS, nothing in original agreement etc. they said that Consumer credit act did not apply and returned cheque. we sent cheque back and said we would pay charges by instalments. they ahve now hit us with extra £50 in charges for paying by instalments. They haven't had any money yet for any charges,but Mrs27 unwisely gave them her bank details!!!!! Is it too late to contest the charges with a CCA, if we stop a payment they are threatening to charge extra £20 a time. Mrs27 has just been made redundant, has a 4 minth old baby and is beside herself with worry, a prime candidate for their scare tactics. I have stopped any payments going out of her account and am going to send this letter, any advise gratefully appreciated. If we write to them withdrawing authority to withdraw money from her account , and they still do so can we have them for theft? Further to your letter dated 12 December 2008 and our subsequent phone conversations during which you told me that you would charge £2.50 per payment if I pay the outstanding debt in relation to your charges, by instalment. Having considered the matter, I believe that you are being unreasonable and that these costs are unfair. I have therefore instructed my bank not to pay any monies to yourselves until I instruct them otherwise., and I herby withdraw my offer to pay the remaining debt by instalments until such time that you can show me that such charges are lawful. Moreover I contest your statement that the original debt owed to Viatlity was not covered by the Consumer Credit Act as all advise that I have received has been to the contrary. I reiterate my position that no basis for the amount of charges was laid down in the original credit agreement and are therefore not lawful. Furthermore you have still not clarified, in writing, as requested in my previous correspondence, who owns the debt and how you traced my current address. Nor have you provided me with a copy of the original contract that I signed as requested. To clarify matters, I DO NOT ACKNOWLEDGE THE REMAINING DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE IT BY PROVIDING THE FOLLOWING DOCUMENTATION AS REQUIRED BY OBLIGATION, WHETHER YOU ARE THE ORIGINAL CREDITOR OR NOT, UNDER SECTION 189 OF THE CONSUMER CREDIT ACT 1974. 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment from Vitality to Credit Resolution Services. I enclose a cheque to the value of £1 which represents payment of the statutory fee payable under the consumer credit act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. The sum supplied should not be used to reduce any debt, indeed to do so is unlawful. I am disappointed you have refused my reasonable offer to conclude this dispute. I understand that you may commence legal action against me. Any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be in dispute. As part of my defence in any court action you will be asked to justify your charges giving a complete breakdown of the costs. Furthermore, I will be making a counter claim against CRS for misrepresenting your charges as a debt I am liable for in the absence of any contractual obligation on my part. I draw your attention to the OFT guidelines on debt collection: Charging for debt collection 2.9 Charges should not be levied unfairly. 2.10 Examples of unfair practices are as follows: a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision. b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision d. applying unreasonable charges, for example, charges not based on actual and necessary costs e. applying charges which are disproportionate to the main debt. I consider your charge of £85 to be disproportionate to the main debt and not based on actual and necessary costs. I look forward to receiving your summons. Your assurance that you ‘would be successful if this goes to a hearing’, is purely speculative on your part and therefore was written solely with the purpose of intimidating me into paying this disputed charge. Indeed I believe you may be in breach of the: Malicious Communications Act 1988. This deals with the sending of letters or articles for the purpose of causing 'distress or anxiety'. A person found guilty can be fined in the magistrate’s court. To prosecute successfully the letter or article sent would have to convey: a message which is indecent or grossly offensive; a threat; or information which is false and known or believed to be false by the sender. I believe you cannot know whether or not your claim will be successful until a Judge decides, so you have sent me information which is inherently false and thus constitutes a threat. If you continue to harass me in this manner I will be forced to take action under the Protection from Harassment act 1997. Furthermore I have today written to the Office of Fair Trading reporting your unfair practives and calling into question your fitness to be licensed as debt collection agency. I look forward to receiving the information requested within the statutory time limit and would be grateful if you address any further correspondence in this matter to my boyfriend Mr xxxxx xxxxxx at the same address who will be dealing with this matter on my behalf.

Posted LBA on friday, only to get home to find their partial offer waiting for us. Is there a standard shove ya offer up ya arse letter?

Received the usual standard letter from Barclays saying that they were sorry gf was unhappy with the charges and setting out their own timetable. Have sent Letter before action today. We are trying to recover £725, not a great deal compared to some on here, but this represents over a months take home pay for gf and is more than the combined O/D's on the two accounts she currently has with Barclays. Could still do with some advise on pursuing a seperate complaint about the negligent handling of her accounts as per my OP.

I am pursuing claim for my gf. I sent the Data Protection Act letter last week and had a standard letter back saying that they were going to provide copy statements for free. Statements have arrived and I have calculated that the charges owed are more than the current OD so good news if we get anything back. GF is totally crap with money and as long as I have known her she has either been on benefits or very poor pay, intermittent work history etc. Barclays gave her a £500 OD limit which she has not always kept within this and when I recently found out the extent of her problems I advised her to go to the bank and explain the situation, and that she had now started a regular job and could she convert OD to a loan that she could pay off over 12 months,allowing her to be able to spend some of her low wages to live each month. She came out of the bank with a new account!! which she has been allowed to overdraw on and now she is incurring charges on two accounts rather than one, Barclay's have shafted her and are increasing their profits by preying on someone who obviously has a problem with money. I have spoken to the Debt management people at Barclays and the manager of my local branch and they both agree that Barclays have been negligent in their handling of her accounts, by letting her overdraw so much on a limited income and by letting her have two accounts accruing charges. Both have advised me to make a complaint for negligence in addition to my claim for return of charges. Does anybody have advise or point me in direction of a letter that I can send to complain about the mishandling of the accounts? i accept taht gf has to take responsibility for being stupid with money but Barclay's havent helped. I have the bit well and truly between my teeth now and i'd determined to get the B******s. However, this week gf had a call from someone in bank advising her that Od need to be paid off immediately.they knpow she can't pay it back and it seems a bit of a coincidence that they are only asking her to pay it back now that we have started asking about charges and stuff! Any advice on complaining about the negligence angle much appreciated!