Showing results for tags 'agreement'.
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Hello Friends, My employer (a large investment bank) made me redundant in just seven months and offered the settlement agreement as usual. I was handed the agreement at the end of day on 01-May and asked to sign and send it back to them by 07-May, after receiving advise from a qualified solicitor on the settlement agreement. The employer gave me three months redundancy. Is it okay for them to give so little time. FYI, 02,03 and 04 May were bank holiday. Thus I could start finding a solicitor only on 05-May and post the agreement on 06-May so that the it reaches the employer on 07-May. I was given so less time to fully appreciate the agreement and as I retro-inspect today, I realise that I had worked overtime everyday for an extra hour, several midnight support and weekend support. Please help me to understand what my legal position is? Can an employer give so less time to sign the agreement? Should my solicitor not have won more time for me from the employer? I believe my solicitor failed me as well. I am aware that ACAS recommends minimum ten calendar days should be given to the employee. The solicitor could have used this practice guideline to get more time from the employer. However he did not do any thing of this sort and rather advised to sign and send as soon as possible. He was paid 500.00 pounds for this as service fee. Does it not count as poor service by the solicitor?
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Hi there, I've been on the Work Program for about a month, they're useless, but it's something I can put up with. For reference I only claim standard JSA. But that said, I've been sent (via post) of an action that I never actually made any formal agreement to. So I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it? And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future? Cheers -slargfish -
I went into my local store last Friday, Signed up as a new customer, as my wife was already a current customer. So I went in after signing up online which i got approved for. Signed up to a new contract/agreement with them paid first week and bit bill. Was told they had in stock and could deliver Saturday Saturday came and went and after arguing on the phone was told they were just too busy instore to deliver. Promised they would deliver today. Now I rang after no one had shown up by 5.30pm to be told they were no longer going to supply as they had had an email from head office saying there was an issue with the credit or something. Simply putting it they wouldn't supply with the item. Now are they allowed to do this as credit check was done online.Went in store with all documents and they seemed fine with that, signed agreements etc and was given delivery date??? -
I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period. They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010. Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out. They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year. Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay. I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance. None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest. I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of. The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices. -
Edit....Sorry title should read: Removing one tenant from an agreement where violence and abuse is. I'm asking this question for a friend. A friend of my daughter is having to move out of a property that is in joint names with her husband, she has contacted the housing association (Sanctuary housing Shropshire) who have told her the only way she can get her name removed from the tenancy is to get her husband to sign and agree, well this can't happen as she is leaving because of violence and abuse towards her. She has already secured another private property for her and her children which her husband doesn't know about yet so can anyone tell me what she can do because there is no possibility of her husband signing to release her from the tenancy. -
Hi, I would like to know if anybody could shed any light regarding LLoyds and Welcome Finance; I have written to LLoyds regarding the PPi mis sale , May 2002 loan, they agree that they are indeed the Underwriters but Welcome is responsible; I am awaiting Welcomes response - probably a negative one; I would also like help with a mechanical breakdown issue with additional insurances that I was forced to buy in April 2002; I have approached Welcome and they responded saying that they did not have to pay out because a High Court ruled that a ' Scheme' had been put in place in 2011 for 2 months and that I should have claimed then which I did to no avail; having scrutinised the agreement, I thought I'd approach Royal and Sun Alliance whose name appears on the HP agreement for the car as the Insurer/Broker - Royal Sun Alliance did respond and I have this in writing stating that they never sold this type of insurance back the - strange? I have also been in touch with the FOS regarding the PPi I was forced to buy yet could not use when I suffered back pain; I have submitted a GPs letter to each of the Underwriters as to why my claim was rejected and am waiting for their reply too; what can I do now; please can someone advise, thanks -
Hi guys I have an old Kays catalogue 2010 that is on my credit report and has had a CCJ applied 2014. I took the catalogue on from my mum originally but never signed an agreement. I then ended up moving house twice and knew nothing about the CCJ until now. What do i do? I could either get the ccj put aside which i think i have to do a n224 form for and comes with a fee. Question will i have to go to court to set it aside as im a nervous wreck. My other option would be to challenge the debt because its not signed. I dont have a credit agreement so i cant check whether there are any loop holes. If i do this has anyone got a draft letter they could provide me as i havnt a clue about laws and stuff like that. if anyone chooses to reply please bear in mind im not very good understanding legal stuff Thanks for looking x -
Hi, I'm new here and hoping for some help. I have been dealing with a certain technology company (don't want to name them at this point) regarding a TV problem I have had for months. It came to a point where I was receiving so much confusing/differing information that I decided to write to Head Office to get my issue resolved (faulty TV). The next day after sending the letter, I received a call from their consumer relations group apologizing for all my trouble and they told me they will definitely be sending me a replacement - they used the word definitely at this point and said the replacement was confirmed by head office. They told me that they just need to see whether I would get the replacement before pick up of my current TV, at the same time etc. Next day I was called by another person, apologised to and told that the TV has to go to an assessment centre first as they didn't realize it hadn't so far (even though this was clear in my complaint letter and all communication with them thus far) before applying the appropriate remedy. I was incensed, because this was a classic example of the type of confusing information i've been given so far. There are many reasons it hasn't gone to an assessment centre so far, but my question is, was the original agent's promise/agreement binding? They told me in no uncertain terms that I would be getting a replacement and it was already approved by head office. I am seeking a recording of the conversation at the moment. Thanks for any help. -
Hello, I have a friend (female) who is in a bad relationship and wants very much to walk away from it. Unfortunately, as a single mother of 2 young children, she struggles financially. Last year when her car became to uneconomic to repair, her partner pursuaded her to take on a HPA for a new car. All the legal side of things are in her name, but he pays the monthly installaments. She feels like this HPA is a huge anchor keeping her in a relationships that she hates. She cannot afford the monthly payments on her own, and is desperate to find out if there is anything she can do. I know nothing about HPA contracts, but i did know about a great forum to ask. I have attached 2 photos of the front page of the HPA, 1 is a close up. Can anyone please advise if their is any way out of this that isnt going to cost a lot? or, is she essentially stuck with this contact and monthly commitment? -
Hi, My secured loan from Black Horse is now with Idem Securities. They are being very fair with their acceptance of our situation but insist on regular reviews. It was a secured loan. They are 3rd charge. I am wondering what legal rights they have 'inherited' IF ANY? However, when we tried many years ago to take out a secured loan they wouldn't touch us as the mortgage we have has a draw down facility on it. Also every now and again we get a month or two arrears on mortgage. The secured loan people never chased us. I was expecting them to try and seek repossession but it didn't happen. I din't ever think why but am now wondering how legal the secured loan from BlackHorse was to be secured as 3rd rank! Any advice welcome. From picking up on an earlier thread. We had several TSB loans repeatedly consolidated and then we were coerced into turning them into a secured loan; a 3rd charge on our property. (We have a mortgage with separate drawdown facility.) The loan is heavily in arrears. Idem took over and I did not query the original agreement or their ability to do this or indeed any miss selling issues. How can I check the validity of this transfer or the original lending criteria as I no longer have the original agreement? With this loan being secured, I have always worked with collection activities but our means are very limited and we cannot get anywhere near the contractual payments. The pressure of having to review the agreement so frequently is hard as our income is mainly disability benefits and very poor, fluctuating self employed income. It would be a massive relief if I could find out how legitimate the lending was as we had no choice but to accept a secured loan as TSB, back then, were threatening further recovery action if we didn't. Today such bullying would not have happened and a repayment plan put in place. Hope someone can advise me. Thank you -
Hi, I have gotten copies of my credit files and I agree with most of what is on there. However, there is a debt which is currently owned by Lowell for a telecoms bill. The bill was for 02. I ordered a phone several years back and there was a problem with the delivery, it ended up going back to 02 and I cancelled the order as I thought the service was rubbish. I got a phone from tmobile instead. So I have just found a Lowell debt for nearly £1200 on my credit files. Can I complain to Equifax etc? As I never had the phone it would not have been used and there is no way I would have run up a phone bill that high anyway. I have tried emailing Lowell but they are fobbing me off with "the creditor has given them permission to collect the payment from me". Thanks in advance. -
Hi , Not sure if anyone can help here however I applied for finance to purchase a machine. The finance was agreed and forms sent out for me to complete. Included in the forms was a certificate of acceptance for the machine stating it was in good working order. I called the provider to say I was signing for the finance but would not sign the acceptance until I had viewed the machine. After a month of delays the machine arrived however it was not as described. There were numerous defects and it had logged over 25% more hours worked than had been advertised. I called the supplier immediately to tell them it was unacceptable and to remove it from site. They apologised and promised to resolve the issues. They have not and I insisted they take the machine back as I requested in the first instance. I also informed the finance company on the first day that it was unacceptable and not to pay out any money as the deal was to be aborted. I have since discovered that they have taken payments from my bank. They insist I must maintain payments for the machine (which has since been removed) despite me informing them that it was unacceptable and to cancel the finance. In clause 1.1 of the finance proposal it states that if I find the goods to be defective, I must inform them within 5 working days. I did so within an hour. Am I within my rights to withhold any finance payment for this machine and can I claim my money back. I continue to hire a machine as the one I was purchasing was defective as well as having to pay finance on a machine I do not have. Any comment / advise welcome. Thanks in advance -
Hi had letter from Cap1 saying this agreement was enforceable but having read around the site seems that is not always the case - any advice would be much appreciated Thanks
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this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks -
Hi All, I’ve created this post in the search for some answers on a few finer points of my AST Agreement that has recently ended. The LL/LA has come back to me requesting £378 of charges for cleaning and gardening. In my opinion I have left the flat in a clean and tidy condition so much so that the pictures taken on the day of me moving out have been used online to show new tenants! However, the two points I am curious to have answered are: 1. My moving in inventory states that “although untidy at the beginning of the tenancy the garden is to be completely tidied shortly after move in therefore must be tidy at end of tenancy”. Whereas my AST Agreement says “To keep tidy..as at commencement of the tenancy”. Can an inventory be used to state terms different to the AST Agreement? Also I have never had a copy of the check in inventory and the copy of the check in inventory i received from the LA isn’t signed by me. 2. My AST Agreement states that “the Agent must tell the tenant within 14 working days of the end of the tenancy if they propose to make any deductions from the deposit”. The LA took 18 working days to notify me of the deductions from my deposit. I have spoken to a local housing charity who said that this doesn’t hold much weight. If this is the case how come this term is included in the AST Agreement? Any help would be much appreciated -
I have a question re the above, not sure if this is the correct place for a general question. Some years ago Cabot took my wife to court over a Barclaycard account, although there was no signed agreement, my wife and I disputed the amount, we were advised by the judge to enter into a Tomlin order agreement. We have been making regular payments on that ever since, making sure we don't default. It is my understanding that a Tomlin order is old fashioned and it has now been superceded by a IVA's. I further understand that these IVA's run for a maximum of 5 years, after which the account is deemed cleared. Is this correct, and if so does this apply to our Tomlin order? Just as an aside to this I heard on the radio last week that some people who had entered into an IVA and had paid for five years AND had received a final 'completion' letter from their creditor, found that if they had any sort of windfall (such as a PPI repayment) suddenly got a new demand for repayment even though they had a completion letter. It was thrown out by the court but they tried it on.
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Hello This week I switched my home insurance to Home Protect, arranging to pay it monthly. Today, I heard from a company called Premium Credit, telling me that Home Protect had set up the credit arrangement for the insurance through them. I was then asked to register on their website and also to electronically sign a copy of the CCA1974 agreement. It also stated that if I hadn't signed by 27th April, then they would add £10 to my account! So my question is, can they actually legally do this? I thought the terms of the CCA1974 states you should sign ONLY if you wished to be bound by it. Effectively, they are fining me if I don't. Clearly, they just want to be able to guarantee any potential court action they might take would be successful by having a "signed" CCA1974 form but this just sound wrong to me. Any advice would be much appreciated. I see this particular company has been posted about before for exorbitant charges for failed direct debits which doesn't surprise me! -
(1) Agreement in possession of landlord not signed by the tenant. (2) Agreement in possession of Tenant not signed by Landlord or dated What is the validity of this agreement. Notice of Termination ================ Location of the property not stated correctly and the postal address is missing. Company registration number stated as VAT number. Therefore is the Notice Valid? -
What Regulations apply to the case of a Tenancy Agreement being entered into, but the gas company refuses to reconnect the gas to the boiler until the debt paid by a previous tenant is paid. Can the Utility Company insist that a new tenant accepts liability for the debt owed by the previous tenant. -
Hello, A client bought 4 sessions, and paid a discounted price of 120GBP. (30 pounds each session) Single sessions would have been 40, but I offer a discount for 4 sessions bought upfront. I saw the client 2, and had to cancel last week twice due to illness, which he was not very happy about. Yesterday I asked if I can postpone the session by 1hour and he asked for a refund as he was not happy. I was a bit surprised but did not make a fuss about it. I informed the customer that I will refund 40pounds and not 60pounds, as the discount is only applicable for a set of 4 which did not take place here. I dont think I am unfair here but he demands the other 20pounds as well. Am I doing the right thing? Most of the PTsI know wouldnt even transfer the other 40pounds as he bought them upfront and did not finish them - I am aware I cancelled but I am human and sometimes unfortunately get ill as well, and usually did not have any such troubles. Please let me know if it is legally okay to stand my ground. Thank you, Kat -
In 2007 i guaranteed a limited company's hire agreement said on the face of the document to be none regulated. Total payable with interest was £26,903. The finance company are now suing me under the guarantee There is a dispute about how long the guarantee was for But that is not why i am on here posting The Company claims the Agreement was signed at a dealership - whereas it certainly was not. Im just trying to find out if they are saying that because for it to be a genuine none regulated agreement the agreement needed to be signed on trade premises. As it wasn't, does that change things and if so how? Might it give me more of a defence Might it mean the agreement is instead regulated If so, is that fatal to the claim or does it just give me more options - like rights to cancel, which seems academic, some 7 years later.. Wonder if anybody out there can please help. Thanks in advance. -
Hi There, I'm in the process of cleaning up my credit report and have realised that the way defaults are reported are not particularly helpful! I had a new car on HP in 2010. Ran into difficulty quite soon into the agreement but worked with them to keep it fairly up to date. During the course of an 18 month period I fluctuated between one and two payments late, never more than two. Then my finances got worse and I ended up 3 payments behind. I made an arrangement with them and brought the account back up to date fairly quickly. I then missed a single payment and they defaulted my agreement. I did bring the account back up to date fairly quickly and since then have been on time. I am still up to date with the agreement which ends in 2 months time. My history with them goes : 0 1 0 1 1 2 2 1 1 2 2 1 1 1 2 2 3 2 0 0 1 D (then 3 years worth of Ds) Since the default I've been up to date with payments, with one slight slip into 1 behind for about 3 months in 2013. But the recent credit report history just shows DDDDDDDDDD etc... even though I've been on time most of the way through the agreement. This doesn't seem very fair to me, and since they defaulted me on a single payment behind I've been trying to argue (unsuccessfully so far) with them that the account shouldn't have defaulted. interestingly one of their staff agreed with me on the phone that the default was an error and should be removed. Unfortunately when I checked on this they denied that was ever said! My question is : Since interest should not be charged on defaulted accounts, and since the interest was front-loaded, should I be able to claim a rebate of the interest? The effect of this would be that I've now overpaid on the agreement and would be entitled to a rebate. IF indeed it was correctly defaulted. Obviously if the default was a mistake then they can simply correct my credit record and I'll complete the payments as agreed. If a rebate should be due how do I calculate the correct amount of interest on the loan? I wonder if it would also be better to record defaults as D0, D1, D2 etc.. . reflecting the payment status of any payment plan in place to clear the default - Just a thought! -
Could I please have opinions as to whether this guarantor agreement linked below would be legally upheld - the landlord referred on this to is actually the letting agent, and the witness is also an employee of the same agent. A county court claim has been issued for an amount of rent oustanding less than £1000 but has nearly doubled due to their charges and fees despite the claim form stating no solicitor has been instructed... No breakdown of fees was given with the tenancy agreement (referred to as an appendix but not provided) and has been requested twice but not provided so we are minded to dispute the claim based on the unreasonable fees (the rent is still being paid by the tenant) http://s6.postimg.org/hcha1cpm9/img023.jpg http://s6.postimg.org/god0w5ga9/img024.jpg http://s6.postimg.org/th14w2rw1/img025.jpg Any views welcome please -
Hi all, I made a big mistake and took out a Ladder Loans loan for £400. Two days later I awoke in a sweat and knew I needed to make good this awful error. I telephoned them and notified them of my intention to cancel under the CCA 1974. I paid the balance of £401.61 and asked them if it would be registered to the CRAs. They said it would, which I found hard to swallow. I have cancelled the credit agreement in the cooling-off period and believe they cannot record the loan with the CRAs. Am I right in thinking this? Also, they have emailed me confirming settlement of the loan, not cancellation of the credit agreement. Are they trying to pull a fast one here? Any help is gratefully received. Thanks.
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Hi, as the title suggests, i would like some advice on the issue? I moved into a private rented property 18months ago on a verbal agreement that I would live there for 3 years minimum. Due to work circumstances i was unable to fulfil this agreement. And have now moved out. Because I have had to move the Landlord is now refusing to pay back my deposit because it is before the verbally agreed 3 years! may i also add that I have not received or signed a written tenancy agreement. and i also strongly doubt that my deposit was registered with a tenancy deposit plan. Do I have any leg to stand on to get my deposit back? Is he breaking the law? Is it worth taking it further legally? Thanks
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