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  1. Hoping someone can help! Expecting a parcel delivery and was out today, got home to find note through door from courier stating 'item at back door' How is this possible when there is a 5 foot double bolted gate stopping anyone getting to the rear of our home. Went to investigate and they have forced entry. The gates were put in place a few weeks ago after moving here to stop our dog getting out and to also stop people coming round the back of our house!! They are nothing fancy but good enough for what we required. Now surely, fair enough the courier tries the latch and cannot gain entry but to clearly see the bolts, bend the gate and force open the bolts is a criminal offence, unlawful entry/criminal damage etc surely!! The gate is now bent and difficult to shut and bolt/latch etc. So , so annoyed.....are they allowed to do this?? Good job there wasnt a dog in the back garden, assume if there was and it had taken the couriers leg off then they would sue us right??? Any help appreciated! x
  2. Hi, Found out today BT are showing me as defaulting in 2009 but this is rubbish the only thing I did then was leave them as they changed the terms of their contracts or something and their chief executive said they would not hold unhappy customers to their contractual terms. Does any one know what this was I have googled but can not find it. Regards, Sean Addison
  3. I was in full time employment in 2011 but had anaccident which resulted in an injury to my right shoulder which meant I wasunable to continue doing my job. After the SSP payments expired I claimed ESA. Iscored 0 points on the subsequent medical because I was declared fit for workdespite NOT being fit for the job I was employed to do. Following an appeal my ESA payment was finallystopped on 2nd February this year forcing me to resign in order that I mayclaim jobseekers allowance in a few more weeks. BIZARRE SITUATION DOESN'T EVEN BEGIN TO COVER IT -WHAT AN INSANE POLICY!!
  4. Hi all, I was hoping you guys might have some suggestions? I am currently claiming ESA (support group) and Housing Benefit. I have put in a claim for DLA, but not had a response yet. This is all due to my mental health, which is supposedly being looked after by my local CMHT. I am, however, getting very little help indeed. I have no social worker or support worker, I have been refused a freedom pass, and haven't even gone through a needs assessment, despite my constant requests for one. If you guys want to know my diagnoses, let me know. On top of all of this, I am now being forced to move out of my current tenancy, as the landlord no longer wants us to live there. The council aren't interested until I have an eviction notice, but I don't even have someone to take me down to the council to discuss it anyway. If I stay and wait until eviction, I will owe the landlord thousands in rent, because the other tenants I share with are moving out on the 12th March. I only have help from family or friends at weekends, during the week I am on my own. I don't have the financial means to move either, it's taken me eight months just to get ESA! I have made a complaint to the council, but I fear they'll be "investigating" it for another month, which I really can't afford to wait for. I've also tried CAB and Shelter. Neither have been able to help as I can't get down to see them. If anyone has any thoughts, I'm all ears. Thanks
  5. the school my son attends ,wont be letting him stop on as he has been a problem pupil. i am a single dad,but i am worried when he leaves school, his tax credits will stop and i will have just £71 a week to keep us both,which would be inpossible,would there be any other benefits i could claim,when i asked my advisor at the work programe,she said i would not get any thing as he wont be in full time education.
  6. Is this allowed? I accidently, in November 3 - 23, went into my unplanned overdraft with Halifax for 20 days. i did not receive any notification from Halifax that this had happened. December passes, no charges - Obviously by this point I still do not know I went into my "Unplanned Overdraft" in November January arrives, I have literally £1 in my account after Christmas... £105 bank charges hit my account on 5th of January forcing me into an unplanned overdraft... I do not get paid until 25th which again, is 20 days away from when they put me into an unplanned overdraft with their charges. As their charges put me into an unplanned overdraft - are they really allowed me to charge me again for this ? On the phone they said they are more than welcome to charge me for them putting me into an unplanned overdraft... Is this really true? They have taken money, from themselves, to pay themselves, therefore dosent even effect them - but they charge another £5 a day for this?
  7. Hi, My partner put this on the banana forum as well but assuming not everyone goes on there I wanted to post it on here as well. This morning at around 6.30am 2 Bailiffs from Marstons knocked on my door. One of them had knocked the other night as well and told where to go - I had already rang them on their first letter telling them I was going to court to sign a stat dec as I didnt know about the summons. They're collecting on a distress warrant for Non payment for TV licence at my old address. At 6.30am this morning 2 Bailiffs from Marston Group Limited called at my address and starting banging the door. There were intermittent flaps of the letterbox proceeding with more banging. They were claiming for a distress warrant for using a TV set without a Licence. The Claimed offence occurred on the 18th December 2011 at my previous address. At 6.45am I went to my front door and informed the bailiff that I had removed their implied right of access to my property and that they must leave. They didn't and carried on banging on the door. At approximately half past 8 in the morning the police arrived after being called by the bailiffs. I reminded the officers of their duty to keep the peace and that is all that is required of them and invited them into my home leaving the bailiffs outside. The police officers explained to me what they're understanding was in regards to a Distress warrant and that they had a similar situation last week and that the bailiff did have the right to forced entry. I explained that this was incorrect and that I had removed their right of implied access to my property and I do not have to let them in as they can only go through an open door or window etc but not by force. I explained that they would need a signed warrant of execution to enter the premises and that a distress warrant not even signed by a Judge is not valid. I showed proof on my calendar that I was due to go to Hastings Magistrates court on the 28th December to sign a Statutory Declaration along with proof that I did not live at the address the summons was sent to on the 25th May 2012. Remaining impartial the police officer recommend that I go and explain this again to the bailiff and that they would not let her enter my property. I obliged asking one of the police officers to stand in front of the bailiff so she can't force her way in. The other police officer stood behind me in the house. The bailiff accused me of lying and that she was coming in. I repeated that I had removed her implied right of access to my property and that she was currently trespassing and that I had an appointment booked for the 28th December for the Statutory Declaration. She said she doesn't care and she is coming in. At this point she lunged towards me and attempted to push her way in leg first to which I responded and stood my ground by removing her leg.from my Porch. She then attempted to push her body weight into me but I'm a bit bigger than she was and was unsuccessful. The Police officer behind me held onto my arm attempting to remove it from holding onto my door frame hence allowing the bailiff to enter to which I asked him politely to remove his hand from my arm of which he obliged. The Police behind me kept on telling me that the bailiff have the right to enter and I am breaching the peace. The Policeman in front of me told me that if I didn't let them in I would be arrested. I put my hands behind my back and said Ok. They cuffed me and walked me to my bedroom and allowed the bailiffs to enter the property. My Partner followed the bailiff around whilst they took down a few serial numbers of her property in the bungalow. The bailiffs were informed that all the Furnishings fixtures of the property are hers. Whilst in the bedroom with the police officer I asked him if I was actually under arrest as I hadn't been read my rights and he said no. I asked him to them take the cuffs off me. At this point it transpired that they didn't actually have a key with them for the cuffs as they were the older style cuffs that everyone still wants and from hearing his colleague on his radio they were talking to someone on the in the next town over was bringing the keys over. I had to sit and wait cuffed for no reason while the bailiff was free to wander around my home. At 9.15 approximately the bailiff received word from the court that they had a record of my phone call for the appointment on the 28th December and told me they would give me 7 more days. I informed them that 7 days from now is 1 day before I'm due in court to which they replied and... The Bailiff then left followed by the police officers shortly afterwards.
  8. Morning all, Background: I've been partaking in a payment plan for the last 18 months in order to clear an old outstanding electric bill that has followed me from a previous address some years ago. This plan has been paid on time on a 2 week basis since the beginning - however 8 weeks ago BSG contacted me to advise that they were doubling the payments which takes them well beyond my means. I explained that I couldn't possibly meet the agreement and only just managed the current arrangement. The answer from BSG was a simple "You don't have any choice, we need to double the current arrangements and there is no other options available to you" Circs: I am currently listed as a vunerable customer due to medical conditions requiring heart and oxygen medical equipment to be installed in the address and available as life support 24/7. Meaning I also have a very limited income. BSG have an awareness of this and verbally confirmed awareness during the above conversation. Today: In the early hours I found a team of 6 - yes eight people inside my home after virtually destroying the lock mech on my front door whilst I was sleeping. There were 2 men who suggested they were BSG bailiffs but refused to disclose registrations or proof of such, a dog handler with a battered old unmarked vehicle outside, 2 BSG uniformed employees, and 2 suited fella's with BSG manager identity cards stood at the front door. Now on coming into the door "They said they had knocked for a minute or two", they would of been confronted by several medical machines and several notices which give the warning 'This equipment must not be disconnected'. By the time I had got downstairs I found that the electricity had been disconnected - my medical equipment had therefore been shut down and now inoperable, and the "bailiff" handed me a letter that said BSG intended obtaining a warrant to fit a PPM at the address on the 10/12/12. The letter was dated 7/12/12. The people in my home were less than helpful, and not at all fussed that they had disconnected life support machines ignoring the clear signage. Nor that a medical team needed to now be called to reset the equipment. Also the new meter has been installed inside the property where the original one was, but in a very poor manner, with the live cables (Red and Black) coming from the main fuse (Also left exposed) trailing some 10 inches below the meter and across to the fuse box... in such a manner that my grandchildren and dog will be able to pull on them easily. Advice please?? Also who do I need to get in touch with to make a formal complaint about the dangerous meter installation - I've never seen this before nor had to deal with such things. However this seems to be a blatant dangerous situation, and BSG on the phone helpline are stating that its the only way as I cant pay the new arrangement... and they never ever leave a meter in a dangerous manner or disconnect medical equipment. My answer is simple - the equipment is 240v powered and MUST be connected to a live socket - it does not have any backup battery or power source. Where do we go from here?
  9. My girlfriend is getting a lot of hassles at work for having to work on call at weekends. I work on call but i get paid for it, paid for disturbance then paid a rate for the time i work on incidents She collects the work phone friday night and drop sit back monday morning, compensation regardless of workload is 1 day in leu. She cannot leave the house. She also works part time, so as the others get a full day off she just gets 1 half day. Its becoming a real pain for no reward, she got called at 3am and 4am the other weekend, waking all the kids in the house. This weekend shes working, so shes going ot have to keep the kids indoors for two full days, its just not on. Her contract states she may be required to work saturday 8-5pm and on call sunday. Is a new job the only way out? My initial response has been "work until 5pm, turn off the phone until sunday, or get out of it because you have kids and get two half days off." If she has to work on a call for an hour, surely she must be paid money for the time shes working on it, as this is clearly restricting her free time?
  10. Hi This is not about me, but a friend. I have a very sweet girlfriend who clearly has been in an abusive marriage. The kind of marriage where for more than 20 years the husband has constantly be-littled his wife. To the point, where she did what she was told - to keep the peace. I have no idea if there was violence, but certainly there was mental abuse. Finally she has found the strength to leave her husband, move in with a friend, and confide in friends for moral and physical support. This is a huge step for her. It can not be easy to admit failings in such a long-term marriage. She has also lost her children. The husband has "brain-washed" them into staying with him saying that "mum" is sick. So he is now in the family home with one of the children and she is out. To make matters worse - one of the key problems seems to be that the husband had a gambling problem. And he forced all his debts to be put in his wife's name This included remortgaging. The house is just in the wife's name. So it seems that if the house is in her name and he has forced her to sign the papers to remortgage to pay his gambling debts that he has signed over all his debts to the house. And he hasn't stopped gambling and the debts are mounting again - and again they are all in her name. They also ran a business together. She was the brains and creative whizz. He tried to take over and reduce her part to zero. He has retained all the "bits" of the business to try and prevent her continuing alone - and is contacting all the clients to say wife is sick but he can work !! Makes me mad to hear all these stories !! I do not know all the details, but I am on here to do my bit to try and help her. Does anyone have any advice on where to go to try and revert the debts correctly and legally into his name ? If someone is forced - under duress - to sign such papers, can this be argued in court ? I just can not understand how a man can gamble, run up huge debts and then pass the debt - legally - to his wife ? Please. Can anyone offer some good solid advice. I would dearly like to be able to surprise her with some positive help. Thank you in advance.
  11. Read more: - http://www.credittoday.co.uk/article/14526/online-news/businesses-may-be-forced-to-repay-consumers-for-mis-selling
  12. I've tried writing to the Trading Standards about this but don't get any reply so thought I'd try here. A few years ago I subscribed for a couple of 0845 numbers that I intended to use for two website ventures I was planning. The company I bought them through was called Dolphin Telecom although their website also referred to Call08 I happily paid by DD for years. Each month I received an email with a link to my PDF invoice which I downloaded. As I got busier, I didn't bother downloading the invoices every month but instead stored up the emails so that when it came to doing my tax return I could print off all the invoices at once. Earlier this year I decided to cancel the numbers as I no longer needed them. When I called to do this I was told I was in a 12 month contract until November 2012. I told them I wasn't, that the terms I'd signed up under were a month to month basis with 30 days notice. They told me they had given notice of new T&Cs in October with 14 days for people to opt out of the new T&Cs otherwise they were automatically taken into a contract. I explained that I hadn't received such a notice to which they replied that it was sent with the October 2011 invoice. When I checked the email the title of the email was exactly the same as usual ' your October invoice is ready.....' There was nothing in the subject line to draw my attention to it being different from normal. The email content itself did not have anything in large type or bold - it was just an 'oh by the way' at the bottom. The link took me to a part of the website that didn't have the T&Cs anyway and when I searched for these they were several layers down a menu system. I have complained that they didn't give me proper notice and I have stopped my DD however they continue to bill me. They have also told me that I can only give notice within the 30 days leading up to the end of the 12 month period - they refused to accept my notice earlier this year. However I have realised that the postal address they have on file is one I haven't lived at for 4 years and also they have put the invoices in the name of one of my ventures (a domain name) rather than actually in my name. So I'd like some guidance as to a) are their practices fair b) should I just ignore all the emails now as their invoices don't technically apply to me anyway. c) what should I do, if anything? Thanks
  13. My son suffers from Anxiety, Depression and Agoraphobia among other things, He's gone through all the usual stuff so far, failing his ATOS medical, appealing and succeeding and has been placed in the WRAG and I am currently appealing on his behalf to be placed in the support group and have been waiting months as usual for a reply. I called to check on the status of his appeal since getting a letter about his interview and now they have no record of it, even after calling up months ago to check they had indeed recieved it. However I am more concerned about this interview, originally we were told it was possible for a home visit but this has turned out to be false and he is being forced into going to his first work related interview next monday at the job centre. He has already had this deferred once already and now they are adamant that he has to go next week. There is no way he is going to be able to go and the thought it is already affecting him and making him shake/panic and worry, I am wondering what i can do if anything about this interview?
  14. Hi there all, Slightly long background story so appologies in advance! My son who is now 19 got a fixed penalty notice last year when he got drunk and fell asleep on some steps whilst visiting some mates who were at Uni up there. On return home he confessed all and gave me the paperwork which unfortunatly didn't include details of how to pay that bit was missing. I chased it up and tried to have it sent on but it never arrived then no-one could find any details of him on their systems! It's been a total nightmare and I run a pub so I'm plenty busy enough! Everytime (my son) has had a letter from the DCA he's tried to follow it up and sort it out but nothing has been finalised. Today late morning there's a knock at the door, some bloke from this Marstons lot says he wants £420 on the spot or he's coming back with a lock smith and the old bill to force entry to take goods. Well I explain that son is at work, it's my pub in my name so I really wouldn't appreciate him marching through it heavy handed and that if he gives me some time to sort it out and I will. However is not up for negotiating or part payment or making a payment plan he wants it all and he wants it today. I've done my research and want time for son to contact the court and fill out the paperwork needed for a financial assessment so he can be given a realistic time scale to pay however I'm not getting that done in the deadline I've been given as I've no idea who I need to call to find out about this paperwork! I'm concerned that he's going to force entry into my pub and cause damage that I'll have to put right, I don't want a bunch of strangers in my flat especially as I can already tell them that son has bugger all! I have a sneaky suspicion he's blagging me a bit though, originally he said that the lock smith and police were booked to return at 3pm now suddenly he's saying he'll wait until 6pm. Do you guys think he'll actually make good on his threat to enter the property that way? Can he do that to a business that isn't linked to the person who owes the money? How do I get this bloke to sod off and give me time to sort it properly? I'll be open at 6pm so I really don't need him tramping through the pub, although as landlady I do have the right to chuck him out! I think he's intentionally coming back once we're open to ensure he can just walk in, he tried this morning to gain entry by asking if he could "just look around" to save time later but I wouldn't let him. If he really was going to pop the door surely he'd of turned up mob handed earlier on? Anyway, any help and advice would be much appreciated guys! Jo
  15. Was not sure whether to put this in the tax section or here as really I believe this instance to be a breach of contract. Basically, this is the predicament: Our employer provides some of it's employees company cars due to the nature of their work, of which employees receive a company car (for which they are taxed accordingly) and also a company fuel card, for which covers their personal mileage. The company deducts a nominal amount from each of the employees wages every month to cover the costs. The company also actively promotes this benefit as a reason to work for them, and this is so in my case as well. In the real world, the legality of this however, is questionable as personal mileage, including communting to and from your place of work should be declared as a benefit in kind. This BIK has just become a major spanner in the works as this not only leaves the company open to legal action, but also the employee. Need I suggest the complication for employees who have benefited from this scheme for some years as this would make them liable to additional tax from HMRC as well as adjustments and overpayments to Tax credits etc. Now, in order to resolve this issue (bearing in mind that this is through no fault whatsoever of the employees), the company issued a memo stating that with almost immediate effect, the fuel cards will be recalled and a new scheme will be put in place that will only cover business miles. This, in many employees eyes is seen as a major kick in the teeth. There are many employees who travel some distance to their work and have turned down other offers of employment due to this "free fuel" benefit. I would like to know where we stand with this, basically, here is the legal side. In the contract of employment, it clearly states... "A car is provided for your use on business for the employer. A fuel card is issued to enable you to meet petrol costs. A monthly deduction from your pay of£x will be made to cover personal mileage (subject to increase)." The simple fact that the contract states that a fuel card is available and only an increase in the allowance will be considered is not the part there is the issue with. The Memo that was sent out states that the Fuel cards would be revoked - this i believe to be a change in the terms of the contract that should have been consulted with the employees, but it was basically forced upon everyone. There are employees who will be out of pocket to the tune of £200+ per month in fuel costs and this will have to be met from their own pocket, although business mileage will be covered. Bear in mind this came through a mistake by the company and not the employees and no cash alternative has been offered nor is it likely to be offered unless some sort of collective or formal action is taken. Basicall what I want to know is: - Can this be contrued as Breach of Contract by the Employer and should this route be pursued - albeit the implications of termination of current contract etc? - Are the Employees now liable to inform the HMRC of this "mistake" so as to ensure the repayment of tax received that should have been declared i.e. PAYE TAx, tax credits etc and who should be liable for this? - As the scheme was "promoted" as a perk to the employees, should the company offer to reimburse the employees who are now out of pocket? Sorry for the long post, but any help would be appreciated as I feel that there are more implications and rights with regards to the employees as have been let on by our employer.
  16. Is it lawful for an employment agency to make an employee wait 2 months before they receive any pay? I began working for an agency on 28/05/2012. I was expecting to be paid at the end of June for the days I worked in May. However, payment did not arrive and by the end of the first week of July I was becoming concerned. Payments were starting to fail to be paid as there were insufficient funds in my bank. On the 09/07/2012 I managed to contact HR of the agency who told me they would not pay me until 27/07/2012. My question is, does this contravene any employment legislation? Thanks for your advice.
  17. Hi everybody:-) My mum has worked in a hospital dept for 22 years. In January her and her colleagues were asked to volunteer to do nights. Nobody else was interested but my mum volunteered to help them out and also to be able to spend more time with my dad who is disabled. She trained people up from medical records whose jobs had been taken away and so were classed as "at risk". She was informed this morning that she would have to go back onto days in July as the people from medical records were working nights so she wouldn't be needed. My mum is really upset about this as it has worked out really well for her doing nights- she is around for my dad in the day time- we even work opposite night shifts so there is always someone there for my dad. It has also helped their financial situation as my dad is medically unfit to work. I know she is going to be really stressed out if she has to go back onto days- she has her own health problems and any stress is going to make it worse- she is even talking of handing in her notice. Can they make her give up her night time hours for new staff coming into the department? The head of her dept is saying it's out of his hands and it is personell who are pushing for the "At risk" staff to have her hours. Thankyou for reading!!
  18. Hi all, this is my first visit I have a 14 year old son who was recently diagnosed with Aspergers syndrome, which is a form of Autism. He has obsessive tendencies, which is one of the symptoms, and as such 'demands' that I take him to his favourite places on a Saturday. I approached my employer and asked for my hours to be amended to accommodate this and was open and honest and explained the situation fully. They made me fill in the relevant forms, and then knocked me back, stating their reasons, all of which dont hold any water. They first claim cost when I proved that cost would be zero and also that they couldnt 'cover my duty' of a Saturday, when I have evidence that my job has been covered every time that I was off on holiday on a Saturday. I have since become absent due to stress and anxiety and have attempted to contact my manager by email, requesting various documentary evidence that he claims to have to support him, but he has not answered three emails. My simple question is, where do I go next? Any help greatly appreciated
  19. Hello It feels like I'm running round in circles at the moment in regards to our council Tax debt and the zero co-operation I'm getting from the Council or Baillifs in regards to paying it off! We owe 2 amounts to Baillifs Penham Excel 1x £934 and 1x £1465 - both way over what we actually owe the council! Baillifs have been 4 times now and each time I've refused entry into the house to do a walk in possession, but today he turned into a smart a*** and said he would go away and get an order to take away my car (no finance on it and only worth around £1200). This has really worried me as I have to have it to get my 5 year, who is Autistic, to school 3 miles away and then my other son to nursery. Can they take my car? If yes, then would I be wise to change the ownership to my Mum so if they come back to take it, it isn't officially mine? The baillif has insisted that we pay the first amount in full and maybe they will come to an arrangement for the second amount if I allow the walk in possession. No bloody way, does he think I'm stupid? I've read about people who've done that thinking they can get a good arrangement set up only to find they've been ordered to pay it off at £400 a month and then have no option but to pay it or lose there things! Spoke to the council to see if we can pay the debt off at £50 a month direct to them and they refuse to help as "it's gone too far now" and they said if it get's handed back by the Bailiffs they will go for a committal to prison! I slightly lost my cool with the woman I was speaking to and told her that this is going to leave us no other option but to go Bankrupt as we also have other massive debts in our name, a repossession order on our house (which is my number one priiority to pay every month) and no one is offering to help us! Is there any other way out of this? I did suggest an attatchment of earnings, but she said that would be at least £250 a month, the £50 we're offering would push us quite a bit. HELP!
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