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  1. Hello Everyone, I hope this has gone in the right thread Im really hoping for some great advice here, - Although i'm confident i will receive it, Im writing on behalf of my sister. Here is some background information which will help picture our crisis. My sister is 27, a qualified staff nurse, caring, loving and kind.She has fibromyalgia a chronic widespread musculoskeletal pain and fatigue disorder When she first started nursing she was put on HDU a high dependency ward, A highly stressful ward when first qualified. In time my sister became depressed and was put on anti-depressants, But also moved wards to somewhere she was happier.She was on these for 5 years, In between this she had a long term boyfriend, Whom she loved very much and was her one and only boyfriend so never knew any different. He cheated on her 3 times She found out and left him, Then when she was at a low ebb he wore her down and begged for forgiveness, This went on for a year until she finally gave in. Whilst they had been apart he had found another girlfriend who became pregnant, My sister accepted the child and they were ok for around a year or so, Until she read through his emails and found out he had been messaging and meeting tran-sexuals. This obviously devastated her, she questioned his sexuality and couldnt understand what was wrong with her. She had to go for all the sexual health tests, saying thats she felt dirty and that no one would ever want a relationship with her again as he had passed herepes on to her. In November 2014 she was signed off sickicon due to the fibromyalgia and trauma she had just suffered. She was put on Sertraline antidepressants. as well as this she was also take Amitriptyline, for pain( but is also used as an antidepressant) Zopiclone as she had trouble sleeping, gabapentin a painkiller used for the nervous system, and Diazepam. 2 months ago she came out in an angry rash on her face, She went up to A and E with my mum, Whilst waiting to be seen she fainted, and banged her head that hard she was knocked unconcious. Her mental state has since got gradually worse and we now have the crisis team coming out regular with a physiatrist who has now diagnosed her with hypomania, and was very close to being sectioned if it hadnt have been that my parents are both at home every day. Her mood fluctuates between aggressive, emotinal and manic, She often wanders off without telling anyone and is a danger to herself, She is very confused and cannot be left alone. You cannot have a conversation with her because they are so random you cannot make head nor tail of them. She is still off work now and it has been 7 months. She is too poorly to go back to work but The hospital are pushing and pushing and now has a final meeting on the 22nd june for a final outcome as to what it to happen, My parents have not told my sister this yet, but she wouldnt be well enough to attend this anyway. Her sick pay has now reduced to £81 a week and she cannot afford to live. She has a large amount of outgoings that need to be paid for, She is still living at home with my parents but they are both self employed with very little income coming in to this house. My parents outgoings are around £1,200 a month and my sisters the same. Here are my sisters outgoings Credit card with Barclaycard £160 a month-* Due at the end of June Credit card with halifaxicon - £130 a month Overdue by 2 weeks car finance payment £110 ( Due the next fortnight, Taken over 4 years with Black horse. 1 year owned. Gap insurance for the car and service plans £60 due around the next fortnight Phone bill 02 £40 month RCN ( royal college of nursing payment ) £20 monthly Due in the next fortnight Tesco bank Loan £300 Due in the next fortnight Halifax bank Loan £300 Due in the next fortnight Overdraft £1,200 Santandericon So in a nutshell If you could help with the below questions i would be so grateful, As i really want to help my parents and sister but im not sure where to start. 1: What rights does my sister have with regards to her job as a nurse? Can the NHS sack her? 2: What can be done about the incurring payments due to be paid with credit cards, loans, finance etc can be done? I really appreciate your time taking to read this and any help would be so gratefully received. If i have missed any information out that would be needed please ask.
  2. Hi everyone, a friend of mine has an account they haven't been receiving statements until recently when the had online banking they used it for savings. They have just realised for the past 18 months JustFab have been taking £35 a month. Apparently when you purchase anything from this company they automatically sign you up for this £35 a month VIP credit rubbish. the original site looked like this it isn't very visible to be honest at all https://web.archive.org/web/20150130062703/http://www.justfab.co.uk/ https://web.archive.org/web/20150206014019/http://www.justfab.co.uk/how-justfab-works Here is a thread on another site http://forums.moneysavingexpert.com/showthread.php?t=4760544 This is how it looks now looks like they cleaned up their act its still only at the bottom of the page. http://www.justfab.co.uk/index.cfm It basically works like those old book clubs. They have contacted the bank and the bank instantly refunded 6 months. They tried to get the company to refund but they didn't return calls. Is it worth a small claims? Help would be appreciated
  3. Hello everyone, I hope that you can help me. Sorry this is really long but I'll try to get all the info in. I have been out of the UK for a number of years but found a job this year in the UK. I found a studio flat advertised online and arranged to rent it. The property was advertised on spareroom by the landlord but I had difficulty arranging an evening viewing with him, so he suggested 2 other local companies that he works with to arrange a viewing. I believe they are letting agents. I originally thought they owned some of the flats but now I know that he owns them all and they act as agents. I said from the beginning that I might not stay after 6 months (this was also the min. term advertised online) as my probation period was 6 months and I had a feeling I might not like the job! I signed what I thought was a tenancy agreement with the letting agent, and a form for a reference search, both of these state 6 months (but the form that I thought was the tenancy agreement has SUBJECT TO CONTRACT at the top). The letter that I signed states the fees required for referencing & moving in, the move-in date, 6 month term and amount to pay in advance to landlord which was 1 months rent and a deposit of the same amount. The bank details given were of the letting agent though (probably one of the reason I thought they were the landlord). When I arranged to pick the keys up I went to the agents office & they then informed me that the actual landlord would meet me at the property. So there I met him, got the keys and he gave me a standing order mandate form with first payment due a month after moving in and last payment of "until further notice". This form gave the landlord's bank details which were different to the initial payment I made. There was no itinerary taken and he seemed like a relaxed, genuine guy. I can't remember if the min. term came up in conversation but I know if he'd said 12 months I'd have said I only agreed to 6. After I'd been moved in for a week or two I received the protected deposit letter which I signed one copy of and sent back. Fast forward 4 months and I decided to leave my job as I didn't like it. I contacted the letting agent to say that I'd be moving out and they then said my contract was a 12 month contract. They told me the landlord had agreed to let me leave early as long as they could find someone else and then I'd just have to pay the re-let fee (no mention of that in the paper I signed with the fees listed). They said they have a draft copy of the contract on file that states 12 months. I asked them to send it to me but they won't, they want me to send them what I've signed. Looking through all my paperwork I don't actually have a tenancy agreement! And on further inspection of the deposit protection letter, I can see that the end of AST tenancy is listed as 12 months after my move-in date. I didn't notice this at the time, and I've also seen that my name is spelt wrong. So I have 2 forms that say 6 months and one that says 12. Can they make me pay for 12 months because I didn't notice that the date was wrong on the deposit protection letter? The letting agent say it's not their problem and I have to deal with the landlord but he hasn't answered my phone calls or email. The original listings on spareroom are now removed and messages are deleted after 2 months. I've managed to find an old ad of the place from the 2nd letting agent which states 6 months minimum term but I don't know if that's enough. There is absolutely no way I'd have rented a place if the minimum term was 12 months because I had a very strong feeling that I would be moving again. I've spoken to spareroom and they won't let me have the information from the expired ads because they say it's a breach of data protection! I cancelled the standing order for the last month's rent because I'm worried that they will take my deposit anyway. I would have only had one more month to pay for before the 6 months was up. I am worried about the council tax because when I called the council to say I'd be leaving they said I was liable to pay tax for the full term of the tenancy agreement unless the landlord takes over.
  4. Hi, I have been paying off a British Gas account for the past 18 months. I've a dispute going on with regards the amount as they've billed me for an additional 6 months useage despite supplying meter readings when I left the property. They've acknowledged their error and I am currently waiting on resolution. Ialso issued them with a DSAR which has just gone over 40 days so the LBA is in the post today. The values on my Credit File in no way represent the true owed amounts nor have they registered the 18 months of payments I have made. It simply says I am 6 payments behind and have been that way for the past 2 years. Despite the bills being wrong I have no issue with regards me owing a sum to them hence arranging a payment plan however fo the past 18 months I have not received any statement of my account. Are they required to issue me a statement every 12 months to see the status of the account and the amount still owed? Any advice would be appreciated.
  5. Hi Everyone, thanks for reading. I have 2 defaults amounting to about £15k. I went through the entire process of seeing if they were enforceable and it seems they are. So i just moved on, this was about 2 years ago. I was just waiting until they drop off after 6 years. But i heard somewhere that these guys can come back after 5 years and start threatening you with court action. I couldn't care less, but i don't want the CCJ and going through another 6 years of rubbish credit. Has anyone had experience of this and am i better off giving them a tiny settlement and just being done with it? Any help or advise would be greatly appreciated.
  6. Hi could someone help please? OH has had one of his accounts changed to delinquent on his credit file which will effect him for 6 years. The account is for an overdraft on an account he switched. Has been in contact with them the whole time as he has started a new business and been waiting for invoices to be paid. He tried to pay in full over the phone this month but was refused due to the account being closed/frozen. He had to go in branch and pay by cash but could only draw out half from the ATM so this caused more delays to payment. The payment status on his credit file look like this: April: £617 24th May: £521 OK 26th June: £521 (2 months late payment) 29th July: £521 (3 months late payment) August: £521 (5 months late payments - account status: delinquent) The last update happened in the past week or so (between trying to pay by phone and going in branch to pay by cash) but it is dated for: 04/09/2016. This is a date in the future and also a date we have made payment before. So how can they assume we will be 2 months late on payments by then and skip to 5 months late payments and a delinquency status? And how can they go from OK to 2 months late payments within a month? Is this allowed? OH called to complain yesterday and was basically told the delinquency is accurate so tough but not to worry because we're way off a default...But this is effecting his credit score just the same as :-/ Thanks
  7. Hello all My Grandmother purchased and had a stairlift installed from a well known stairlift company. Said stairlift company offered a 12 month warranty, plus one free service at a 6 month interval, however..they did not service it at the 6 month point, they serviced it far earlier on into the 12 month period. My Gran being 92 didn't even think about complaining, but did mention it and they fobbed her off saying 'oh we just do it whenever' (or words to that effect.) Anyway roll on to a few weeks ago..she was using the stairlift and it stopped (sods law it was about a week or so after they rang up offering the extended service/warranty) thankfully it started working again, and the man came out promptly and fixed the issue but said she'd get a big bill. She has received the bill for £190, and I don't really feel it's acceptable that a company can charge someone when it fails just outside the warranty period..if the same happened to a car, then the garage would still pretty much put the car right. Now I don't know whether because it was reconditioned, that affects any rights I may have, but you guys seem to know your stuff from a previous issue I had with my car, so I thought i'd grab your thoughts if that's ok?
  8. Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice
  9. Hello, Sorry, I really tried to keep the description as short as possible: On 03/03/2016 we called some conservatory companies in Devon and finally made appointments with two of them for the next day for a viewing. In the afternoon we sent them a floor plan with detailed measurements and other information about what exactly we wanted. BTW We had even searched the web for reviews about the companies and found nothing negative - just one positive review. On 04/03 an employee of the first company arrived in good time, and we noticed he had the document (which we had emailed the day before) printed out and ready for discussion! Because the negotiated price was acceptable (£8,060), and because he confirmed that they could complete the conservatory within a month, we decided to enter into a contract immediately. In the contract was stated: "Installation date: 18/03/16, 09.00" As advance payment 1/4 = £2,015 had been agreed: On 04/03 we paid £2,015 by bank transfer. On the same day another employee arrived to carry out a survey (as specified in the contract). He examined the house, took measurements and discussed with us and wrote down the exact positions for the doors, opening windows, roof connection etc.. We mentioned that we had already paid the advance, and he said the required parts would be ordered IMMEDIATELY! 17/03: Since we hadn't heard anything from the company, we sent an email and asked if they had received our advance payment and also asked them to confirm that the works would start on the next day as provided in the contract. No answer. On 18/03 we waited at home the whole morning, but in vain. No one came. No information. We called them after lunch: the secretary said she would talk to the builder responsible for the groundworks. On the same day we were informed that the builder would begin on 22/03, 9.00am. On 22/03 no one came, but the builder called us to tell us he would come one day later, 23/03, 1.00pm. On 23/03 he came, examined the ground, and asked us additional questions regarding the groundworks. Since it is a hillside situation, he recommended insistently to build an additional retaining wall (the rain would wash the garden down to the conservatory), cost around £2,000 (making it much more expensive than other offers we had received before signing the contract with this company). He seemed to be a skilled and competent builder, and to avoid further delays, we agreed in principle and asked to calculate the exact additional costs and inform us asap. We asked when the groundworks will begin finally, but he could not give us a concrete date. On 24/03 we sent another email to the company to declare in writing what had happened so far. We wrote that because early installation was VERY IMPORTANT to us, we were happy that they could offer us that early installation date (18/03). This was the MAIN REASON we decided in favour of their company, cancelled another appointment we had later on 04/03, signed the contract, and immediately paid the advance - just to avoid any delay. We asked them to inform us immediately in writing about when the works would begin and what exactly the extra costs for the additional work (retaining wall) would be. 29/03: Since they hadn't answered, we sent another email in the morning. We reminded them that during our initial discussion on 04/03, before signing the contract, it had been confirmed that the project could be carried out within a month, so we already made plans for the time after the installation. We stated again, that we really needed the additional space, provided by the conservatory, as soon as possible. 30/03: Since there was no reply, we sent another email, stating that it's urgent. Then the secretary called us and said she would send us an email regarding the starting date. 01/04: Again, nothing happened. We sent another email: we asked what had happened in the meantime and why there were further delays. We reminded them that we were waiting for 9 days now to get an answer regarding the costs for the additional works. 06/04: After many many attempt we finally got the manager on the phone. He told us that the groundworks will be carried out "next week". We were very relieved about that. He said he would call us back to tell us the exact date. He didn't. 07/04: We sent another email in the evening: We wrote that we tried to call him several times during the day, but in vain. Furthermore we reminded him, that we would also need to know what would be the costs*for the additional works. 08/04: The secretary called and informed us that a skip will be delivered on 13/04. We asked again, if they would already know what the additional costs would be. She just answered "not much". On 13/04, as announced, a ridiculously small skip arrived, and one worker, without any machines, dug out some earth and moved it into the skip. A day went by, but this method was not suitable to make progress. On 14/04 the employee who visited us on 04/03 for signing the contract came again to let us sign an additional contract about £2,000 for the extra works, and we were asked to pay this in advance, because more work needs to be done, so they would need more money in advance for material and the builder: On 14/04 we paid £2,000 by bank transfer. On the same day or a few days later, a larger skip had been delivered, the required machines and an excavator arrived, and intense working finally began. Great! (we thought) On 28/04 a lot of work had already been accomplished, The manager visited us and tried to persuade us to accept that the project would cost another £1,600 (!!) more. He admitted it had taken a bit (!) longer, but he had selected "quality workers" in order to get the job done as good as possible. (Later it turned out that this builder and his men had been commissioned by him for the first time - he never knew them before!) We reminded him that we have a contract plus the additional costs of the second contract, and that we can't pay more than was agreed in these two contracts (all together £10,160). He accepted our objection, but asked us politely to pay another £2,000 in advance + £100 which we had agreed with the builder for a minor modification of the retaining wall, so that he could speed up the remaining works: On 28/04 we paid £2,100 by bank transfer. Until 05/05 (with some interruptions of several days) the builder had completed the groundworks and brickwalls, however there is still some work left for him to do, which he can't do before the other conservatory parts will be built up. That is the reason why material, some debris and the last skip (which has already ruined the lawn in front of the house in the meantime) had been left here at the construction site. (BTW: It turned out that the ground is solid ROCK, so the wall wouldn't have been required - according to horticultural advice it could also have been fixed with cheap retaining wire netting!) On 06/05 the manager called us and asked us to pay another £2,000. He said he had to pay bills for many skips, pay the builder and buy further material. Again, he said this would speed up the completion. Because it was already more than a month after the expected completion date, and we really wanted this project to be finished as soon as possible, we accepted his request: On 06/05 we paid £2,000 by bank transfer. On 09/05 the employee who took measurements on 04/03 came once again for more detailed measurements.
On the same day we sent an email and asked if the works would continue the next day. No answer. On 11/05 we tried to reach someone of the company on their various phone numbers. We could only reach the employee who visited us for signing the contracts. We asked him when the works would continue. He said in about a week.
Later we could also reach the manager via phone, and he claimed that the groundwork would require 2 weeks to stabilise! According to this we would have to wait until 23/05. (Later the builder confirmed that this isn't true at all!) On 23/05, we stayed at home and waited for the work to continue - again, in vain. We tried to reach the manager via phone, but in vain. Again, we could only reach the employee who visited us for signing the contracts. He assured he would contact the manager and call us back. He never did. On 24/05, again, we stayed at home and waited - again, in vain. We tried to reach anyone by phone. Since no one answered, we sent another email. No answer. On 25/05 we could reach the employee who took measurements. He informed the manager who finally let his secretary call us back. She said, the problem would be that the "roof takes longer to arrive"; estimated day of arrival: 31/05. On 26/05 the builder visited us privately on his own initiative and informed us that he hadn't received any money from the manager, though it was him who did all the work until 05/05. He warned us NOT TO PAY any more money in advance (what we hadn't done anyway). He said, the remaining work could be done within three days. It would NOT have been required to wait to let the groundwork stabilise! For many days we tried to contact the manager, but we had only been cajoled and put off by a new, young employee whom we had never known before. On 07/06 we reached the manager by phone! He said he would call us back soon or confirm via email to guarantee that the works will be completed from 14/06. On 08/06 in the morning he called and offered to complete the conservatory from 21/06 (about another two weeks later!).
Since we still wanted to get the earlier date (14/06), we sent another email reminding him what he had said the day before. We also tried to call him again, but there was just his answering machine! We sent another email in the late evening and asked for a confirmation for 14//06 again. On 09/06 we could reach him by phone in the morning. What he had suggested, he had also confirmed by email in the morning:
"Further to our telephone conversation this morning, I have been speaking to our manufacturers about a possible earlier delivery for your conservatory roof. As I explained in the telephone conversation, they will need a payment upfront to prioritise the roof which could lead to a delivery to us on the 13/06. We will need to payment of £1500 for the roof to get this prioritised and allow us to complete the conservatory sooner. I also would like to confirm that I have offered you a discount [£500] on the total left outstanding which I have taken off the contract."
We answered via email, that we had believed him that the 3 additional payments he had already asked for (£2,000 + £2,100 + £2,000) would speed up the conservatory works, and we had always paid! Nevertheless the project had been delayed by months, which caused many serious problems and financial loss for our family. At this point we couldn't take an additional financial risk. We suggested to arrange the delivery of the roof (direct to us) and the payment direct with the manufacturer. We wrote we would also pay the rest (£2,045 minus price of roof) after completion and that we won't make use of the offered £500 discount.
When we came back home we noticed that the manager had tried to call us back (caller ID), but he hadn't left a message. We sent him another email, that we had noticed that he wanted to call us, and that we wouldn't want further phone calls, but a WRITTEN answer in this case.
We waited the rest of the day for his reply, but again in vain. We sent another friendly email later in the evening and asked him to answer. On 10/06 we waited until the evening and then wrote another email:
Because he hadn't replied to our suggestion regarding the payment of the roof, we decided to accept his previous offer (which he made via phone on 08/06) to complete the conservatory from 21/06. Because in this case a prioritised delivery of the roof*wouldn't be required, we would pay the remaining £2,045 after completion. We asked him to confirm this in writing until 14/06. He didn't reply. On 14/06 we sent him a "Reminder with fixing of a period of time" As time limit for completing the remaining works we allowed 2 MORE WEEKS, until 28/06 (included). We had sent this as emails and as RM Signed for letter. On 06/07 the letter came back (undeliverable and not collected from the PO). In the meantime we found two extremely negative reviews on Google about him - unfortunately posted after we had signed the initial contract. The other customers got their work done, but with immense delays, and without obtaining promised discounts. We know we made mistakes: We waited too long. We paid too much in advance. Nevertheless, what can we do to get this solved? Offer him a bit more money? (Sometimes paying a bit more is better than fighting longer.) Go to a solicitor? Trading standards? We really need a fast solution now. Our nerves are on edge... Many thanks!
  10. Hi guys i work for a company who look after the virgin media contract, i am working at the moment over 70 hours a week which is tiring me out to be honest, i have a family and have very little time for myself or my kids you keep telling them about it in the nicest way possible even though its hard to keep your cool sometimes and they take Sh*t all on aboard what i have to say. I am on template pay (pay per job) now i can make some decent money when i get the big jobs like quad's, triples and duals. But lately ive been finishing my own work by 3pm ready for home and i always seem to get lumbered with other peoples because they simply cannot keep up or had worse problems than myself in the day i never seem to get any help my way when im struggling and all my manager can say is swings and round abouts, seems to be enough swings but no round abouts my way. My biggest concern is the pay im owed, i am missing money from June, August, September and October and when i keep submitting my wage query's i hear nothing back this goes on for months and up to this day i still have not received any money im owed. I have joined the cable workers union but obviously want to the company to rectify this problem first without involving the union, a lad i work with has also submitted a grievance to the HR of the company and said they are looking into it he has told me to look on google for the template letter regarding pay but not having any luck could anyone be so kind to point me into the right direction and is there any law to me doing more than 12 hours a day can i refuse to work after 12 hours ?
  11. Can anybody explain what might have occured? Is the seller a shady Sam who hasn't disclosed this information? Is the HPI input wrong? 27th February 2014 - Registration Of Bike. 25th December 2013 - Written Off, Cat C.
  12. Hi all! I made a half hearted PPI claim v Barclaycard circa 2 years ago. As I did not escalate then I was under the impression that I could not go to the FOS now. On another ( MSE) site mentions that I CAN go to the FOS but only if I complain to BC again first.. any thoughts? Thanks
  13. I bought my car in Feb 2015. It was an ex-demo model and I bought direct from the manufacturer as they have their own showrooms. It came with a 1yr warranty. Its had several issues and already spent 6 weeks back with them as they diagnosed and fixed and ECU fault. In early Jan I got a letter to say the car had been recalled for a safety issue (throttle sticking on) and it was arranged that they would collect the car on Feb 19 for the work. The work is quick, no more than a few hours work. The work was finally complete this weekend. After much persistence and telling them I needed the car back by this weekend I am now being told they won't return it before 5th April. This is because they don't have their own driver available to bring it back, and won't pay for it to be transported. I am almost 500 miles each way from the car's location I am in Scotland, car dealer is near Gatwick), so collecting it myself isn't an option (financially or time-wise). The sales of goods act says when repairing goods a retailer must do this 'within a reasonable time but without causing significant inconvenience'. I would say the lengthy delay is causing me a significant inconvenience. I have no courtesy/replacement car. What are my options - if I pay someone to collect the car am I likely to be able to reclaim this money?
  14. Hi Bakatcha, The reason why I am contacting you is connected with my own dilemma with INGEUS!! I have been out of work for sometime & it's tough. The job centre has placed me on a mandatory work program with INGEUS & sadly it's lasted longer than expected. My advisor is using unorthodox ways to find work for me and somewhat intrusive. My advisor thinks it's a good idea if he watches me use the computer when I search/apply for jobs and he also wants me to possibly visit INGEUS on a daily basis. He also thinks it's a good idea if he applies for vacancies without me performing this task and I strongly disagree with that! He even suggested that I sit down with him & log onto my email account so he can check all the jobs I apply for each week, unacceptable in my opinion and I wondered what you make of this.
  15. Landlord issued a section 21 today with two month's notice stating I must be out by 20th of April. I always thought two full calendar months were required for notice? Meaning I don't leave until 30th April? The original AST was from the 1st of the month. Also the deposit hasn't been protected so technically the section 21 is void...?
  16. Hi there, New to this forum but it all looks helpful. Im sure this question has been posed here before but im just seeking clarity on my legal position. Bought an £800 sony vaio laptop from Currys (for my sins) in Oct 2013. It was the most expensive windows laptop in the shop, sold to me after I explained I use it for work and it gets lots of use so needs to be a machine which will stand up to it rather than a cheap laptop that will struggle to keep pace... It has been repaired once by Currys already in Summer 2014 (software failure, they reinstalled windows for me and thats about all). Last week, after 2 years 3 months, it has died completely. I have returned it to Currys for them to asses, but I am expecting it could be a motherboard failure and as such pretty much a write off and time to buy a new one. I have a friend who works for Currys repair centre, and he has advised me that Currys are obliged to repair or replace under the Sales of goods act regardless of warranty, something he described as retails best kept secret. Having raised this point with Currys the lady was quite firm in her denial ("in thrity years of working here ive never heard of a free repair to a 2 year old machine" ...etc). She claimed that wear and tear on the key board and case showing it has been used a lot as opposed to someone using it once a week to check facebook has to be considered when assessing what is reasable to expect in terms of the life of a laptop. While I take the point that number of hours use affects overall years of use, I feel that 2 years 3 months is not a reasonable time for a laptop to fail to the point of replacement, especially not for an £800 machine sold on the basis of its durability. I feel the amount of use is irrelevent given the short time frame, as to support that argument is to say that the laptop was not suitable for business use or capable of being used for anything other than light domestic home use, contrary to advice given at point of sale and contrary to the price tag. Having read some other threads here I am under the impression I may be entitled to some compensation if not a full repair/replacement, on the basis that the sales of goods act states it must "reasonably not be expected to have failed" which I think is the case. The issue of "fault being present from manfacture" can only be prooved by virtue of the fact it has failed, and would only fail after time not necessarily when first purchased. If an indpendent report was needed I can arrange it, I certainly havent spilled anything or dropped it, or otherwise caused reason for it to be faulty and the nature of it being inside the laptop means its hard to really break a motherboard any other way. I would appreicate advice on how to approach the issue given Currys known stubborn attitude to these problems and a better understanding of my legal rights. If needs be I will buy a new laptop (elsewhere), but I do feel I am being robbed of at least a couple of years use of a machine and therefore should be compensated towards the cost of a new one. Many thanks in advance Jon
  17. I am shocked to find I received 2 speeding tickets this morning (16-02-16). 1) Dated 02-10-15 doing 36 mph in a 30 mile road 2) Dated 11-12-15 doing 35 mph in a 30 mile road. Since its 16 February 2016 the first ticket is over 4 months old. Obviously I have no recollection dating back that far. The "speeds" are so minor over the limit and I would welcome any advice on whether it it possible to challenge these tickets fairly. Amazingly the only memory I have of this particular road is being stuck in between lorries in traffic jams where a 10 min drive would take you up to an hour - seems rather strange and weird, unless a gap appeared and I moved??? On the letter its says pay £100 fine and then talks about a speeding course does it mean do one or the other or are you supposed to do both. Never had a speeding ticket before so quite shocked. Any advice welcome. Thanks
  18. Hi Everyone, apologies if this is not the right part of the forum, but I have a question regarding an overpayment claim from my last employer. Thy wrote to me about a month ago, stating they had over paid me on my final pay dated 25/06/2015 to the amount of £633.98, and wanted payment within 7 days. They attached a breakdown which was massively incorrect, and made no sense, a complete mess of company sick pay, statutory sick pay, basic pay and holiday, and several incorrect sums. I am still contacting them to try and get an explanation of how I can have been overpaid, but wanted to check my rights also, as this is causing me anxiety attacks and sleepless nights worrying about it. I had been off sick with anxiety and depression (partially due to work related stress) for two months at my last employer, when I decided to hand in my notice,as I was not going to be well enough to return for the foreseeable future, and felt like a burden, as I knew there was no budget for cover, people were already over worked, and I was a fairly senior member of staff, in terms of tasks I was performing. They accepted eventually,and my final date of employment, and date of final pay was 26/06/2015. I hadn't received my payslips whilst off sick, and didn't receive my final pay slip either, so chased the H.R department several times by email back in july, but this was eventually forgotten about, as none of my pay amounts seemed incorrect, my ongoing ill health and the fact that no-one from the company got back to me after promising to contact me when they would be sent out. My question is, if it does turn out that an overpayment was made , can I fight this?. I am on ESA benefits as I cannot leave the house most days,let alone work, and I have absolutely no money to repay this whatsoever, I don't think I could bare this going to court, but I simply can't pay, and it all seems very unfair Any help gratefully appreciated, apologies for the long rant! Danii
  19. Hi hoping for some advice. I am currently 10 months into my bankruptcy, I did not get an IPO at the time of my interview as my disposable income did not allow. I have been offered a new job which will obviously change my situation. Should I hold off until I am discharged before taking a new job? What would happen if I didn't say anything how would they find out / or do I have to say anything? Appreciate anyone who has any experience in a similar situation.
  20. I want to make clear I am NOT offering legal advice here - I wish to draw people's attention to an area of law that the general public are often not aware of - but the DVLA exploits this lack of knowledge to often bully people into submission for the vast majority of their fines. I have seen countless examples on here, and I myself have also been on the receiving end of it, and the routine typically goes - 1. DVLA threatens to prosecute driver for alleged offence (late licensing penalty, keeping an unregistered vehicle on the public road, various offences under VERA, etc.) 2. Initially they scare the person by claiming that they could be subject to all sorts of criminal penalties and maximum fines if found guilty 3. Then they offer some reduced out of court settlement offer that if you pay on time will let them agree to close the matter 4. Some people scared pay up immediately, others who begin by making their case only continue to be threatened and ultimately pay in order to avoid the fear of going to court In the vast majority of cases the result is the same - the driver gets fleeced by the DVLA. What I want to bring to your attention is that all offences DVLA can/threatens to prosecute people for in relation to vehicle registration are SUMMARY OFFENCES. Please do not be confused with motoring offences prosecuted by the police such as driving under the influence, failing to name a driver, etc. as these can be either way offences. SUMMARY OFFENCES Under Section 1 of the Magistrates' Court Act 1980 proceedings for a summary offence must be commenced within 6 months of the alleged offence being committed. In my case they contacted me last November threatening to prosecute me for an alleged VERA offence that took place in January (11 months prior). I told them that despite the fact that I protested my innocence they would not be able to prosecute me as they had not commenced proceedings within 6 months for this Summary offence, so I would not be entertaining their allegations. I continued to receive threats for a while but ultimately they shied away and said the case had been closed giving no reason - the reason was because they knew all along they were unable to prosecute me at that time and their threats were nothing more than hot air trying it on to try and extract some money from me. In a great number of cases I have seen people post on here the offence being alleged occurred much longer than 6 months ago and they are still playing ball with DVLA who are simply trying to get them to fork up for something they no longer have any authority to prosecute. LIMITATION PERIOD - 6 MONTH RULE I have to make it clear that if DVLA are contacting you within 6 months of the offence they are alleging then please do not misunderstand what I'm saying - DVLA can and do prosecute people where they are able to AND THE TIME LIMITS APPLY! If however you are like me and many others on the back end of DVLA's inefficient backlog, and they are contacting you about an allegation that occurred more than 6 months ago then keep in mind they are now statute barred from bringing any prosecution against you so their threats are effectively lies to get you to pay them as there is very little action they now have the ability to take against you. In this case, I would always simply tell them that I'm innocent however as the limitation period has now expired for them to commence proceedings against me I will take any further threats of prosecution in these circumstances to be false statements and I will not be entertaining this matter further.
  21. A very quick initial post due to time constraints. Just had my daughter chatting via internet. She is at university and on Boxing Day 2013 bought a HP laptop in the sales While at home during the Christmas period this year (2014) she was having problems with the battery dropping charge very quickly, and a month later having returned to uni says that the battery will now only hold 23% charge. (She ran the laptop's maintenance check after getting an error message) She can still use it at home on the mains but it has become useless for her to take to uni for her studies From what I have seen of laptop batteries they normally last between 4-6 years. As she did not have an extended warranty should she make a complaint to PC World, or to HP ? And does she have any legal rights on this one ? Many thanks
  22. Hello, I do hope there is someone who knows the answer to my question. I have looked for several days and can't find the answer. I have a hired truck and TfL have issued a ticket five months after the event. They contacted the registered keeper for the hirer details within 14 days and then took four and a half months to sent it to me. Could anyone tell me how long they have. It was a regulation 10 PCN. Very many thanks to anyone who can respond.
  23. Evening guys and Merry Xmas on a pleasant December afternoon I received a letter from TFL (PCN attached below) dated 14/12/2015 for an offence that apparently took place on 29/07/2015 in Stamford Hill (Hackney). Contravention: 46: Stopped where prohibited (on a red route or clearway). The PCN further goes on to say that... The PCN was served by post because a Civil enforcement officer 'T' observed the vehicle identified above from 11:11 to 11.11 and had begun to prepare a PCN but the vehicle concerned was driven away from the place in which it was stationary before the CEO had finished preparing the PCN or served it by fixing it to the vehicle or giving it to the person appearing to be in charge of the vehicle. I live in Hackney and Stamford Hill is quite a long road. I can't recall this taking place and neither can my brother who is the 2nd named driver on my vehicle. As far as I am concerned the contravention did not occur. I called TFL soon after receiving the PCN to enquire. I asked the exact location of this contravention, but they did not have this information on them. I then asked if they had any pictures to jog my memory. However, I was informed that TFL did not have any evidence/pictures to prove this as I allegedly drove away before the the CEO could take pictures. What's the best line of defence against this PCN?
  24. In simple terms this is 1 of my 3 accounts, its literally used for a couple of direct debits that I want to keep separate. Having second thoughts considering I keep missing them. I had a direct debit come out this morning which I had forgotten about, checked my bank and it had been paid so I thought best transfer enough in so i'd not go overdrawn which I did. And being extremely cynical of banks I take screenshots of everything just incase. Interestingly I just checked back and that same direct debit has now been bounced and if you have a look at my screenshots from lunch time today and this evening you will see that they prized the bounced dd between the dd and the credits. Naturally i'm extremely anoyed about this and you can bet that if i'd not of credited the account they'd of paid it and charged an od fee. I will be charged £25 for this so naturally if I can get around this i'd like to. I should add that there is no charge for being less that £10 overdrawn and they do not charge for being overdrawn if you are bank before 3.30 that working day. Any ideas much appreciated. Screens Lunch : http://i1017.photobucket.com/albums/af299/badgercraig/Dirt/before.jpg Just now: http://i1017.photobucket.com/albums/af299/badgercraig/Dirt/after.jpg
  25. For a couple of months my wife and i had to move into my father in laws council house to help care for him as he was in need of care. His wife had died and he lived with his son. The son took on the house tenancy jointly with his father along with my wife. Anyway shortly afterwards more suitable house was found for them as accommodation was not suitable for his needs. The house was examined room by room and passed by a inspector from the council.Who said only thing that needs to be done is all carpets to be moved out of premises. This was back in early July..And was carried out as said. A new tenant had moved in a month later. Moved out a couple of weeks later to new house and continued caring for a couple of months then he passed away. The council were informed of this. Now early in November a bill came for replacing kitchen sink unit and worktop costing 400 pounds.At the old property. Which after 14 weeks after vacating a passed property came as a shock. Also addressed to Passed away father in law and his son. Then we got in touch with the council who said they will look into it , took our phone number and they would get back in touch. Seemed quite concerned about this matter. However this last week a letter came saying despite previous reminders the amount is still outstanding. And must be made within 7 days otherwise your case will be referred to a DCA and also consider taking legal action which will incur substantial costs. So once again phoned the council who this time said there was no one to deal with this and to email a complaint.Which i am going to do shortly.On their behalf. But the seven days are up now and i suppose the debt will now be on its way to the DCA. Personally i would rather go to court and tell the judge what i feel about this and fight it.But feel i am not being given much choice. Feeling harassed and threatened really with a bad credit file. Now personally i would pay if this was justified.But in my mind is clearly not. I enjoy standing my ground when needed.And want to help. What would you do.
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