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Elmo South

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About Elmo South

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  1. Why do you think you've lost out? You paid £1 for an item, sold it for £39.99 which you refunded then Royal Mail will give you back your £1. You are in exactly the same position as you were before the sale & unless the item was the very last one of your bulk purchase, just send your customer a repalcement for the agreed price of £39.99. Royal Mail's terms & conditions are very clear that they don't pay out for consequential losses. You should consider yourself very lucky if you are able to sell items which cost £1 for £40!!!! Especially if you buy in bulk. Anyone in business woul
  2. Just going back to the mortage advisor's comment in your first post, I think you need to find out EXACTLY what he meant. What exactly was the purpose of the loan that your husband declared on his mortgage application? Was it " to purchase property for elderly parents to live in rent free" or was it " to purchase main residence". Could it be that the "negative impact" was that the lender is unaware that your husband doesn't live in the property as his main residence & that the property has effectively long term sitting tennats, and that possibly your husband may be in breach of the term
  3. I have to disagree with the comments about the effectiveness of the FOS, although I realise that not everyone will get the same result Have a read of my thread Elmo & Lucy v Lloyds again!! As I explain in my thread it did take a long time & was stressfull but Lucy ended up with £18,000 & is now debt free. Just think how long it would take to earn £18,000 net of tax, nationa insurance etc etc. The important thing to remember is to prepare well & expalin everything to the Nth degree and provide your own calculations if you think the bank is wrong. Good luck Elm
  4. Just something for you to think about - you said the tax and National Insurance was unpaid for 2009/10. Have you contacted HM Revenue & Customs to tell them this? If you have proof you suffered deductions, your NAtional insurance contributions can be deeemed to your NI record. Additionally there is a chance that the company owes HMRC far more than just your tax & NI & that they may want to pursue the company & wind them up ( which would save you the cost) or that if HMRC start action, the director may be forced to wind the company up. Additionally if you look at this link
  5. Firstly, my condolences on your sad loss. I'm very surprised that no one could help you. You will need an account in the name of the administrators, its quite simple - the account would be in the names "AAAA and BBBB as Administrators of CCCC deceased" - all transactions should be done through this account & there should be no problems at all. I suggest going to the bank where your late sister had her account as this will be simplest. You are quiite correct in thinking the money will not be yours - you would hold it as a trustee on behalf of the beneficiaries of the estate
  6. The other thing you may want to do is actually contact HMRC about your National Minimum Wage - if your mileage expenses are reducing your pay below the NMW rate, your employer may be committing an offence by not paying you sufficient.
  7. Honeybee, you are incorrect. National Insurance is not agregated across employments - the lower limit applies to each spearate employment. So in this case Zararh is earning £90 pw from one job - below the lower limit & £177 per fortnight from the other, again below the lower limit. Zararh, you may want to make enquiries about paying voluntary contributions to your NI record. As regards the tax, there is something wrong with this - on your total income you should be liable for tax on about £2100 per anum @20% ie about £8 per week in TOTAL. The easiste thing is to find your nearest
  8. I'm very surprised that no one from the union would accompany or represent him. My experience is when union reps are in situations such as this, it is very common for a senior union rep to be sent. One reason is to ensure that the employer is not using the matter as a way to start pushing the union around or to try & show that the union is powerless. Its always best to have another rep present. The employer wouldn't need your OH's permission to advise the union that there was a disciplinary matter involving a union rep. - they would probably need permission to divulge anything more th
  9. Have I missed somerthing in this? You said in your post of 3rd August that your OH was a union rep, but you have not at any point mentioned approaching the union for any assistance, nor has anyone else suggested this. Can he not get any help from his union? There is specific legislation relating to the disciplining of union reps by employers, esepcially if there may be any link to their genuine union activities. As a union rep I would be appaled if my union did not support any of its memebers, let alone its reps, who had these sort of problems.
  10. On the top of your FIL's P45 there will be a reference number for his employer's PAYE scheme. If you need to check who employs him, get him to go to his local tax office & ask them to check their records. Interesting that you also mention about using "agency" doorstaff. I wouldn't mind betting that the reason they may be cheaper is because they are treated as self-employed, This means the agency that engages them will not be paying Employers National insurance it also means the doorstaff aren't entitled to holiday pay, sick pay, or any other employment rights at all - making it much
  11. I have to say, like any organisation, it will depend on who is dealing with your case. i made 2 complaints - one was dealt with poorly, but Lloyds still made an ex-gratia payment. The other was dealt with superbly and ended up with an £18K refund covering a period of over 8 years. What the FOS don't make clear is that they don't operate like a court where both sides put their evidence & someone looks at the balance of probabilities (civil law). The FOS can be asking both sides different things & not telling the other side what was asked or answered. The way I worked my case was to pr
  12. One tip if you are preparing your own notes is to send them to your manager and ask them to agree the content or, if they disagree, let you have any amendments/comments on a separate sheet of paper, signed & dated by them. This will force them to state their position. You may find there are genuine misunderstandings that need to be resolved - or you may find they agree your notes. Personally I would never agree notes that are read out by someone. I would want to read them in my own time and then either agree them or make my own comments. If you can't get a copy, does your employer have
  13. If he is an employee, then that's fine - I just thought it worth checking - I agree with Sidewinder - its a very complex issue and consulting an employment lawyer would be the best thing to do. As regards the terms of the pub's licence, this is information in the public domain. If you ring your local council and ask to speak to the licencing department/officer they should be able to give you all the information. They may also have it on their webiste - a lot of councils do. From this you could check whether its a condition of their licence to have door staff.
  14. Caledfwlch makes a very good point. A lot of companies set up in this way are done so to avoid & evade tax & natioanl insurance. Are you positive your husband was an employee? Does he have a contract of employment - my experience is that most companies operating in this way will provide a contrcat for the worker, but on reading it you may find that it is not what you expect. i have seen many which state that the worker (also possibly called a sub-contractor) and the company specifically have no employee/employer relationship.
  15. You say your F-I-L works as a "doorman" at a pub -A couple of questions based on experience: Does he have an SIA licence? Is he actually an employee of the pub? The reason I ask is that many doorstaff claim to be self-employed in order to avoid PAYE tax & national insurance being deducted from their pay. This also saves the "engager" (the pub) having to pay Employers National Insurance & makes it cheaper to engage them in this way. The problem is, if you claim to be self employed and the enegaer is treating you as such, you don't get any protection from employemt legislation - as o
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