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give me my money back

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  1. Hi Guys my wife is about to be made redundant from the nhs , and as a result they are paying her a redundancy package. She has 22 years service within the nhs, but her hr department are only recognising the last 8 years. The problem area is that prior to her current job which she has been in for the last 8 years, she had 2 part time jobs, one as a practice nurse at a doctors surgery, which apparantly falls outside of the nhs umberella, and one as a bank nurse at the local hospital, which hr claim is a zero hours contract, and as such she was classed as a worker and not an employee, and therefore not entitled to any contractual redundancy rights. However, at the time of moving to work for the bank my wife was on a substantive contract at the same hospital, ( and had been for the previous 8 years ) and was never asked to sign a separate contract for the bank work. She worked on the bank for approx 8 years doing the same thursday afternoon late shift and either a late or early on sat and sun, week in and week out. Her allocations to wards were considerable in length too, some ammounting to 12 months on the same ward. Most of the time she was been rota in on the wards off duty plan up to 3 weeks in advance.Also whilst on the bank she recieved contractual maternity pay as well as statutory mat pay when one of our daughters was born and also received contractual sick pay and statutory sick pay when she had to have an operation. My question is how can this bank work be construed as worker type zero hours contract, and how can i force the issue to get her full redundancy entitlement? many thanks
  2. Thanks for the info guys, i was successful with the application for a stay of the Fi Fa, so I just have to wait for the hearing to set judgement aside. I now know why we did not recieve summons etc, they sent the paperwork to our accountants adress an not ours. thanks
  3. Hi yes my form has gone in.....got a hearing for the 15 May, but these enforcement officers are back to break the doors down on Wednesday. Regards
  4. Hi Guys today my limited company Have recieved a Notice of Seizure High Court form No 55 from a company called Andrew Wilson & Co for a debt from a company that i have been in dispute with over the late delivery of some goods to that said company. Unknown to us this company have issued court proceedings against us and got a judgement which they have immediatley applied for and got a high court enforcement order. We have recieved no summons or judgement in this matter. I dont know what i can do about this as i have never dealt with the high court before. However my immediate response has been to file a N244 form to set judgement aside on the grounds of non service and for the opportunity to file a defence, and for a stay of execution on the writ. I think i have made a mistake with that as i have subsequently been told that a stay has to be on a different form. What are my options. Another consideration is that allthough my unit is full of equipment, the limited company that i trade through owns none of it, the directors personally own everything within the unit. However if the enforcement officer does come knocking even though i have filed a N244 how do i prove the ownership of equipment and stock etc. Is there other thing i can do to defend this action? regards
  5. Hi Guys been to court today, case adjourned for 28 days, for Ge to answer the allegations i have made about their behaviour on the account. I tried to push for the complete suspension of the warrant, but the judge felt if fair that they should be able to respond. h have also been asked to complete another witness statement to be filed with the court in 14 days along with supporting evidence etc, basically all that they have already been receipt of from my defence for today....so i dont quite understand that one, but there you go. Can anyone shed any light onto what a proper witness statement should look like and to what its content should be? thanks
  6. i dont know how that happened, i will continue from previous post but i included the arguments i was mentioning in an earlier post about the arrears including £4000 worth of unfair and unlawful charges. I have also decided to put a broadside accross their bows about my intention to sue GE and the broker who I went through for the mortgage for miss selling. Ihave just found out this week that the broker who was supposed to be giving me impartial and best financial advice, was actually owned by GE, they did not disclose that fact. There are lots of other things thay did, but I will post them later. thanks
  7. Thanks Ell-enn if you think that will suffice, I think i can manage it, i used a similar format to get the circuit judge to allow me to apply for suspension of the warrant. But I
  8. Hi Guys been to court today, the circuit judge has granted me leave to make another application to suspend the warrant for eviction. So I have to prepare another set of papers to get into court this pm.
  9. Hi Guys sorry to hi jack this thread, i have a claim that i am starting with Ge, the ability to re claim these unfair charges etc, does this also apply to un regulated mortgages from ge money....by that i mean pre oct 2004.
  10. My question about this ruling by the fsa, is what if your mortgage was taken out before October 2004 and therefore is probably un regulated, what then. The arrears fees etc are still unfair and thus unlawful, but can you do anything about it?
  11. Hi Guys also found going through my statements that on top of the extra monthly payment of £40.00 to clear the unlawful charges, over and above what the judge ordered, they have also been charging an additional £60- 70 per month interest on the account. thanks
  12. Hi Ell-enn i have recieved an eviction date of the 18th April, but first i have to apply for leave to suspend the warrant from a circuit judge as Ge managed to get the judge to put this condition on the order, i think as they failed to get the eviction last time. thanks
  13. Hi Ell-enn, thank you again for your help last August, with my situation, due to other issues i was not able to post what happened in court.Se here is, as I am need of further assistance. The Judge ordered that the warrant be suspended as long as we ourselves paid the £XXX per month on top of our mortgage He also ordered that no further applications to suspend warrant without permission from a circuit judge would be allowed. This was on bequest of GE money. U nfortunatley we have missed a payment since and Ge have gone straight for the re possession. The missed payments were due to a set of temporary circumstances which have had a big effect. Firstly over Christmas and New Year i contracted swine Flu which kept me from work for six weeks, as I am self employed you can imagine the problems that caused especially when we allready paying the extra to bring the mortgage down. Secondly one of our Feb payment was late we normally pay by card direct to Ge....but our card was lost and we were waiting for another one to arrive.....to make sure our payment still got there we sent a cheque. Ten days or so later we noticed it had not been taken from our bank so we contacted Ge to see if they had recieved. They hadnt so they said to pay by card then (which we could not do as we had not recieved another card by that time) or send another cheque. This is when we were hit with another double wammy of having to find £1000 for an unexpectedly high electric bill and roughly the same in Gas. Within a week of this we had recieved a letter saying that they were going for repossession, and this was followed by reciept last week of the bailiffs letter. Giving us less than 2 weeks again to save our home. My question Ell-enn is how do i defend this? I have read articles on this site and on the internet about grounds for compensation from mortgage companies and brokers for the following reasons....can i use any of them in defending my home? Arrears Charges......we have over £7000 of theme including debt counsellor visits. We have been forced in the past to add extra payments per month above what the judge has ordered to help clear these unlawful charges. T o qualify this Gmac another sub prime lender have just been fined 2.8 million for just such unlawful charges and been ordered to pay back 310,100 customers including compensation. Mis selling of the mortgage in the first instance.. We took our mortgage through a Broker who was supposed to offer independant and best financial advice for our circumstances. We were advised to move from a high street lender (normal interest rates) to Ge money 3% above base!!!! for the purpose of a debt consolodation loan was this was best advice? we had 1 small ccj no arrears, i have since found that we could have got a much better deal than 3% above base rate. On top of that i have found this week that the broker concerned placed 99% of their business through Ge, and within a couple of months of us taking out the mortgage financially purchased the broker,....where is the independant advice here. Also we payed in excess of £4000 in broker fees and legal charges which constituted over 5% of the advance, which is extortionate. Do you think any of this will help? Thanks
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