Cheers for that. I would have been classed as a worker, although, it is my belief that I wsa technically an employee. My reasoning behind this would be that everything my ex-employer did indicated I was considered a permenant member of the team, and it appears they have let me go on a whim after changing their minds. My contract was never changed to reflect the new higher paid position. It says in the initial contract that it can be terminated with no notice period required. I don't see how this contract can be used to cover the higher paid position as the details are incorrect and I even had my security pass changed to that of a permenant employee. I basically don't like the idea that I've been let go by text at half past 8 when I expected to work the same day. Is there anything I can use as leverage to obtain at least a weeks pay in lieu? Please let me know if any further information is required. Thanks.

Hi, I have been working for a fairly large Employment agency at a placement in Southampton since the end of July. I had initially been on a temporary 6 week contract, which after 4 weeks changed to a 2 month contract working in a higher paid position. Both these positions became available because I am friendly with the manager involved, who had also been giving me a lift in to work in the mornings. However, at half past 8 this morning I received a text along the lines of "You don't need to come in this morning. I will call you later" I waited, he phoned me and stated that they had had a management meeting and reached an agreement to rethink their recruitment policy, based around the problems they had encountered when attempting to train me (There was very stagnant training involved and most the time the training was non existant so naturally mistakes were made by me, which I was not blamed for and these ocurrances were, 'not my fault') My question is, what, if any, notice period should they give? Considering the company concerned intimated that the lenght of the contract would last a minimum of 2 months. In my contract it says that no notice period is required....What does the law say for temporary workers? Surely it can't be completely legal to end my contract this morning with no prior warning after I had been expecting another 2 months pay? Thanks in advance.

ok, that explains it a bit more... So....during the previous tax year 07/08 I worked from April 6th 2007 through to November 30th 2007...My salary at the time of my employment was £15,111....obviously during April - November I would have earned roughly £10,074. However, as soon as I was made redundant I started claiming jobseekers allowance, which I claimed until my new job started at the end of July. Where do I stand? I read that I should have had anything I was due paid back to me by the jobcentre.... I never received a rebate from them... Also, I received additional taxable bonuses from my last employer because of the redundancy...How significant would that be? I presume that it would go against my case????

Slightly different situation, but still on along the same subject matter.... I recently had a Paypal 'Echeque' leave my Natwest account a day after it was cancelled. (I cancelled it because Paypal told me it would take 7-9 days to clear, which was too long) I was attending Reading festival and was paid on the Friday, the Echeque went out and left my account at around -£265.... I waited until half 9 and phoned them citing the fact that I'd cancelled the payment with Paypal and that I considered it a matter of fraud. At first they said they couldn't do a chargeback, which I knew was incorrect. Then they said they could, so they did...but they said the money wouldn't show back in my account until the following day, which I said was unacceptable.....so, after speaking to the manager she agreed to provide me with access to £260 if I could get to the nearrest branch of Natwest to present myself for purpose of identification.... And, also, I was never charged anything despite my account being overdrawn for at least a day. The banks have the facilities to do what they want, it's whether we can manipulate them into operating for our greater benefit.

Hi, I was made redundant in December 2007 and only found new employment at the end of July 2008. I'm pretty sure I should be due a tax rebate as I didn't work the full financial year. However, I'm pretty clueless when it comes to tax etc, as I've never had to deal with anything of this nature as I've always been in work or there hasn't been a great deal of time between jobs... Would someone please be able to give me some advice on exactly what I should do? is there an online site I can look at? Cheers.

Hi, yes, this is the one I read prior to sending the financial statement form back to Natwest....I quoted the FSA waiver several times in my letter, but as I thought, the banks are still under no obligation to repay the money until the OFT case has been resolved and the entire 'financial hardship' question seems to be an opportunity for the banks to go through the motions....make it seem like they care, whilst at the same time making the FSA feel good about themselves for "defending" the little man. Not that I'm cynical or anything. Still not sure what I will do, but I'm leaning towards the court option. (Never done this before, but at least it will get my complaint logged) Also, I don't believe they'll ever pay back my money before the resolution of the OFT case...maybe if I were dying...but probably still not, even in that event. So, I think I may have just answered my original question....but, any further thoughts are more than welcome.

so....I didn't get around to sending the LBA due to the new job taking precedent over yet another constant battle with a financial organisation, in an attempt at getting my money back.... However, today I received a letter (as I predicted) thanking me for taking the time to fill out a financial hardship form, but unfortunately I did not qualify. They go on to state where the OFT case is at, again, before letting me know that I can still take my complaint to the FOS... I'd like some advice on what CAG members would do in this situation. I can either complain to the FOS, which is likely to take at least another 4 weeks (My complaint was first raised some time in June / July)... Send the LBA now?? Go straight to the courts?? I feel considering I'm claiming only £120 and have mounting debts of around £10k, I should definitely be considered financial hardship...considering the FSA's own guidelines for defining financial hardship cover me quite nicely. Any thoughts, would be greatly appreciated.

So.....I sent the relevant form back to Natwest outlining my current financial situation and again requesting they return monies unlawfullly taken... That was almost 14 days ago, haven't heard a thing....so, I was wondering what advice people on here could give me?? I was thinking of sending an LBA? It has been at least 3 months since my initial complaint....

Not sure legally, but I'd say why not? keep a receipt and if you have clear proof of money changing hands, the car wouldn't be yours, so noone could touch it....or just put the car in your sisters name??? ...

If you return the computer, do so with some proof. Keep records of any correspondance in case it goes to court. Definitely have a look for the sales of goods Act though....send the company a letter detailing the problem, informing them that it is your belief that an item was sold to you by them on xxxx date, and was unfit for the intended purpose. Quote the Sales of Goods Act at them... "If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". I'd say two weeks is more than reasonable. This page should answer your questions.... Sale of Goods Act Quick Facts - BERR If they have a legal department, they should know and understand the law, if they don't then you will have to issue a claim through the small claims court. Also, if the processor is running at half the speed, they should in theory be in a position to offer you some advice on why that might be....thinking about it, it depends whether a processor has to run at less than full capacity for it to not be considered 100% fit for purpose....I would suggest obtaining some technical advice from a professional before stepping up your claim.

You should do a google search for the Sales of Goods Act and read that. It covers anything you need to know about your complaint. I believe that during the first 6 months, possibly 3, it is up to the seller to prove that the item is fit for sale and manufactured for suitable use. or something like that. If you notify them of a problem and ask for a refund, they can't refuse. Also, the fact the timespan of receiving the defective goods and notifying the company is only a couple of weeks, so that should go in your favour. Also, I wouldn't phone and speak to them, I would do it all by letter as it's unlikely you will get to speak to anyone that has even heard of the sales of goods Act, let alone read it.

Hi, thanks for the advice. I've been sent a paper version by Natwest of the form you have attached. I'll fill it out accurately, I still dont get paid for another week, so I don't have any money yet.... I just hope Halifax hurry up with the parachute account!

Thanks for the insight. Back on topic, does anyone have any advice as to what information I should put on the form? To recap, I was on benefits until last week, but I have just started a new job. Natwest taking their time have now asked me to fill in a financial statement form....should I fill it in as though it is 3 weeks ago? the time of my complaint....

You are quite right, and I have seen the minimum £500 rule mentioned. I was basically trying to say that I don't like the fact the banks are now given free reign to judge my current financial situation....what I can afford...what I can't afford etc etc....considering their charges added to my woes, I don't see how they can ever be impartial in any preceeding decision... All they seem to be doing by this is making a false statement to the FSA. I don't seriously consider that they will miraculously back down and give me the charges back.

Probably a case for misselling of a package to you? Also, worst thing you can do is lose your temper, especially in person, in a branch. I'm confused as to what you require advice on? ....Setting up a standing order????? I agree with yourbank, the money must still be in your account if it didn't get transferred????...unless you spent it.

No worries. It's a good site if you can get access. I believe they moved to Luxembourg so that they would be exempt from certain laws. Can't remember when that happened. Ebay own Paypal, so unfortunately Paypal is often the only source of payment. With regards to the original item you sold. Paypal must have carried out an investigation before they reversed the transfer, so I would ask them for a complete case file and put your case to them. Logically, if the item has been sold in a private sale and the item is as described, then the buyer isn't entitled to a refund. But Paypal pretty much do what they want, so good luck. They did the same to me, and I do believe there is still an unenforceable debt out there under my name.....

I understand your point Dave. I'll try to find a similar thread relating to the points I have made here. Mike - What they sent you is an application....one they probably picked up from their stationary cupboard....so all evidence would suggest the debt is unenforceable at present. If they had the correct paperwork to hand, they would send it first time. Hope you get a suitable payment plan set up.

Before I closed my barclaycard account, my APR was 26%, so I understand where you are coming from. Unfortunately, interest rates are covered in the Terms and conditions, so they have the right to increase the APR.....and they are running a business. All of the things you moan about are standard when opening an account. Also, the clever thing would be to not max the card out, and to meet the minimum payments every month. I just think there is a bigger picture, and larger battles to be faught and won. I don't see how the banks will ever put their trust in us, if we exploit loopholes like this. I'm pleased you're paying the debt off.....

Try looking on here..... Welcome to PayPalSucks.com, PayPal Lawsuit, PayPal Alternative, PayPal Complaints, Fraud & Evil behind the PayPal system!

cheers!

Hi, I have just received a letter back from Natwest, the 2nd to outline where the OFT case is at.....thanks Natwest.... Attached is a customer financial statement form, I can fill this in no problem. However, when I raised my claim over a month ago....I was on benefits, which is why I insisted they deal with my case, 1 month being "quick" for them. I have just literally started a new job this week, so I get paid next week. What do people suggest I put on the statement form? considering my situation has changed since my claim was raised.... Also, I found the following statement rather amusing, 'Following the receipt of a signed and completed form, we will review your overall financial position. If we determine that your case can be considered as financial hardship we will take it forward in line with our hardship policy'.... What gives them the right to act solely to determine the true extent of my current financial hardship? Considering they put me there. And had the OFT case not been launched, I would not be complaining, I would be suing them. I'm inclined to write back asking them for a copy of their financial hardship policy...Has anyone seen it? I'd like to hear some thoughts on how to accurately fill out the statement form....

Are they now charging for being overdrawn? I've been overdrawn since the 1st of July thanks to their charges. I really hope they don't charge me another £28 on Monday because I don't get paid until the Friday, and I need my money to feed and cloth myself....simple things like that.....

sorry, I don't want to sound like I'm deliberately goading people here because I'm 100% behind the fight against financial organisations. I just don't understand the lack of a signature issue. When I've applied for a credit card, the first being 8 odd years ago. Capital One sent me a application form, I signed it and sent it back. Isn't that how credit is obtained?? unless you go into a local branch? I fail to believe that the key criteria for obtaining credit in the first place are not taken in and understood at the point of sale. The OP had had his credit card since 1997, and had been using it. Fair enough, he MAY not have been fully informed on some matters, which I agree is something that is illegal. However a lot of people, not specifically the OP, have been happy to use the credit until they fall behind with payments, only to then CCA them....might be repeating myself here. I don't agree with the argument from the OP that because the banks are "evil instituations" out to get us all, and act unethically, apparently, we should act the same way towards them. In my eyes, lack of a signature means nothing compared to the plight of many CAG members that fall foul of mounting unlawful bank charges. Maybe I disagree with the law, more than how people use it to their benefit. After all, if they've been stupid enough like you say, to not cover every angle maybe we should exploit them.....

Irrelevant. I'm not here discussing Council tax. FYI....I moved in to a flat to help a mate out after he split up with his girlfriend and he had got behind with the payments. Because he's a mate and I know more than him, I said i'd look into it.

I have no idea what this CCA thing stands for. It should be thrown out of court. Why it isn't is just another beaurocratic loophole, which is great for people avoiding a genuine debt. I stand by my point and I think the whole world has gone completely mad. Anyone that agrees, and they did agree....until the CCA loophole was discovered....to receive credit appeared to be quite happy to accept the money??? or am I wrong? did they drug you and tie you to a lampost, saying sign your life away? And before anyone quotes me, the law, again. I've understood it for a long time now, but this is the first time I've challenged it on here it....not signed, not enforceable. etc etc. A lot of these cases just seem to look like an easy way out of a genuine debt.