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  1. This is very similar to another thread on here. My former employer is making a claim against me in the County Court for damage to one of his vehicles which I was driving during my normal course of duties. He wants me to pay £700 damages of which £150 he has already taken out of my final months wages. Below is an extract from my contract of employment which I have signed. When I signed it he wanted 8 signatures from me on 8 different sheets. On the document below of which there is an extract of the wording. He said it was if I incurred any motoring offences speeding etc. it would be my responsibility and also see the paragraph below in bold, re any accidental damage of which I agreed and duly signed without reading the full document Driving Rules and Regulations Whilst in the employment of the Company any motor offences ie. Speeding, Parking or similar offences are your responsibility and not that of the Company. Any accidental damage to Company vehicles or any other vehicle whilst in your control, which is found to be through your poor driving, will be your responsibility and you will be held liable for any costs in respect of repairs to one or both vehicles which will be deducted from your wages, and any subsequent claim made by a third party. I didn't read the part about being responsible for any damage to his vehicles. Should I contest this and make a counter claim for my £150. Any advice will be gratefully received.
  2. Hi all, Sorry if this post is a bit long but here goes.... Bought a 2011 Astra from a Vauxhall dealer 27 days ago, upon receiving the V5C today it says 2 former keepers whereas when I bought the car I remember the advert saying "one owner". I know about the Sale of goods act so I rang consumer advice and explained the situation however I didn't have an proof of the advert and they said Autotrader might not be able to track it or not release it due to data protection etc unless the matter went further legally, so I was worried the dealer might act dumb. Phoned up Autotrader and luckily the person on the other end of the phone said they can email me the latest version of the text in the ad, without any problems with data protection and if needed they would help with forwarding the text onto anyone else who may need it. Here's the email I got..... 2011 11 Reg Vauxhall Astra 2.0 CDTi 16V SE 5dr Auto, 5 Doors, Automatic, Hatchback, Diesel, 34,732 miles, Grey, *One Owner Full Service History*, Balance of Manufacturer Warranty, Cruise Control, Multi-Function Steering Wheel, CD Player, Body Coloured Bumpers, Automatic Headlamps, Front Fog Lights, Metallic Paint, Rear Wash Wipe, Adjustable Door Mirrors, Adjustable Steering Column, Air Conditioning, Electric Front and Rear Windows, Electric Mirrors, Trip Computer, ABS, Automatic Gearbox, Power Assisted Steering (PAS), Daytime Running Lights, Side Impact Protection, Isofix Child Seat Brackets, Central Locking, Deadlocks, Immobiliser, Remote Central Locking, 17" Alloy Wheels.£9,873Click 'Visit Website' for more approved used cars. So as advised I have sent a letter using a template to the dealer recorded delivery explaining the situation and have put "I would like this matter to be resolved either by a full refund, return of our part exchange car and monies or an acceptable replacement." I could ask for just some compensation and keep the car but one of the criteria when I was looking for cars was it to be just one former keeper. Just wondering if anyone has any idea what might happen and if they become difficult what to do,also if we got out PX car back what the deal would be as far as former keepers on it as we bought it from new so wouldn't really want to be the 2nd keepers and if that was the case could we be compensated for it as far as depreciation is concerned and insurance admin fees for changing cars etc etc. If i get a full refund then I'll be without a car so would that be considered as far as inconvenience and costs are concerned. Thanks for any advice given, Alan
  3. Hi All I recently left a company due to the unreasonable behaviour of my boss, however I agreed to work my notice to keep things sweet. I worked my notice and finished after completing my notice as normal, admiteddly I did take my foot off the gas and spend some time on the BBC website as they took my work off me and gave me filing to do. I had taken some exams paid for by the company however there was nothing in my contract to state i had to repay them if i left nor did i sign any agreement to repay them. I did state that if they were difficult I would take them to court for constructive dismissal (i have written evidence of this) and we agreed to shake hands as the boss was known for this type of behaviour. Anyway 4 weeks ago I got a letter from my former boss telling me i had breached my contract by emailing a spreadsheet home with a formula on i has come up with, it did not contain client or company information and was a simple calculator based on information available on the public domain. I therefore replied to them in kind but as a gesture of goodwill i deleted the file and considered things closed. Imaging my surprise today then to receive a call at my new employer from my former boss stating that if i did not repay the exam costs they would take me to court for breach of contract. Although he did not state the grounds for taking me to court other than breach of contract, I can only assume it is because i spent time on the internet during my notice period. I did not browse any inppropriate sites nor download client information. My first question is, do they have grounds for this? as i am no longer an employee excessive internet use cannot be sued for. secondly are they allowed to contact me at my current employer? I am tempted to take them to a tribunal for the constructive dismissal to spite them but I cannot see what they are trying to achieve by behaving like this other than to salve their damaged pride and harrass me. many thanks in advance
  4. Hi there, I'm hoping somebody will be able to offer me a little bit of advice. I've recently changed jobs, and in my final pay my employers didn't include several hundred pounds of shift allowance I should have had for my last run of night shifts. I chased a number of times, and was eventually told (by e-mail, so I have this in writing) that the outstanding overtime would be paid in the next pay run. When this didn't happen, I again chased it up, and was subsequently advised that my shift allowance was discretionary, and that as I was allowed full pay for a couple of emergency operations I had the previous year (as opposed to the statutory sick pay I was contractually entitled to) that in light of this they wouldn't be honouring my shift allowance payment. I don't yet have this confirmed in writing from them, but I have requested it. I've checked my contract, and it doesn't make any mention of overtime payments. Does anybody know if I'd be likely to have any redress if I were to pursue this through small claims or similar, I'm guessing chiefly on the grounds of the previous statement from them advising I would be paid? Thanks in advance.
  5. Hi all, I have an unverified debt to a former employer who is now threatening to issue a revised reference to my new employer if I don't agree terms to repay them. Is this not harrassement? Apart from anything else, if I lost my current position as a result it would be self defeating as I won't be able to pay them anything without working! Any views appreciated. Thanks. Exchange
  6. What the hell is going on. . . . ? Hector Sants, the former Financial Services Authority chief executive criticised over regulatory failures during the financial crisis, has been knighted in the New Year Honours list. More: http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/9770062/Honours-list-Former-FSA-chief-Hector-Sants-knighted-despite-regulatory-failures.html
  7. I currently work in Scotland as a paid Community Development Officer although the board of directors who employ me are all volunteers. Prior to taking up this post I led a busy administration team for a private sector company before I left the firm having accepted a compromise agreement arranged by my former line manager. I should also point out that I previously raised a grievance process against my line manager and although my complaint was upheld, there was ultimately no change in his behavior and I reluctantly tendered my resignation at a later date. Since leaving the private sector and taking up post as a Community Worker, my former line manager has continued his vendetta campaign against me in an apparent bid to ensure that I am not allowed to prosper. It has come to my knowledge that in his capacity as a director of the company I now work for (I knew this individual was on the board of directors prior to applying for the job), he made efforts to stop me from being recruited by my current emplyers. Despite his recommendations to the board, I was successful in my application and my former line manager had to resort to an email campaign against me in which he continually questioned my work performance during my 3 month probationary period. He later resigned from the board of directors when I successfully completed my 3 month probation period citing that he would not remain as a voluntary board member if I was to be employed full time. Despite resigning from the board he quickly resumed his vendetta campaign last year following an altercation between he and I which took place outwith the workplace. The quantity of emails relating to my conduct and performance which have been sent by this individual is nothing short of staggering. Many of the allegations made against me are entirely false and there are many instances where he has made defamatory comments against me. His campaign against me has been carried-out within company time using my former employers premises, their equipment and their email address (even once using their conference room in during office hours to conduct a meeting with the chair of the board of directors in order to discuss my conduct and performance). Although I do not currently possess any hard copies or electronic copies of the emails in question (there are approximately 30 emails), I have been allowed to read most of them as my line manager continues to keep me informed of his failed efforts to bring this regrettable matter to a close. Under the Data Protection Act, I have now requested a copy of all correspondence written about me which has come from this individual. This request has been submitted to both my employers and my former line manager's current employers (all emails have been sent using the company's email). I have made every effort to ignore this character but he just refuses to go away and I now want to take action. Does anyone have any advice? Should I pursue a claim against the individual or my former employers and what grounds do i have for a claim?
  8. http://www.dailymail.co.uk/money/news/article-2231774/Reward-failure-Britains-disgraced-bankers-set-share-104-MILLION-pension-pot.html
  9. Hi, I was a member with DW sports on a month to month contract, started in the summer of last year. I cancelled my membership with them I believe just after new years 2012 by phone, then a month later cancelled the direct debit. Last week I received a letter stating I owe 53 pounds including a 15 pound penalty fee. Today I have received a letter from them about passing it onto their solicitors. How do I take action to resolve this?
  10. Not sure if it's been posted here yet, I haven't seen it but apologies if it's here somewhere... From the Daily Record.
  11. Hey everbody, Im stuck and I have no idea what to do. Basically back in 2009 I hired a van with a driver from a company (usual van hire company, locally based not a national company). Me and a friend bought a load of dental chairs that were on pallets, and basically we had to pick them up from a joinery shop, put them into the van and then offload them at a storage unit I had taken over. At the time of hiring the van I told the company the chairs were approximately 80kg, but I realised they were heavier when we got there (probably around 120kg each). But either way we did not have to physically lift them, we used pallet trucks to manouver them. The driver stayed in the van at all times, and only used a pallet truck to manouver the chairs and place them where he thought best in the back of the truck (he was obv trained and had done this sort of stuff on a daily basis). We got this all done within 2 days, and at no point did he ever say he was injured etc, he even came and picked some food that my mum had made for him. However, he is now claiming against the van company, that he injured himself during that trip. So the van company family members approached me (harassed really, as they kept turning up at my house and workplace) and said they would need a statement from me, and that I would not have to go to court etc, so me being naive helped with that and signed a statement they had made (not a statement of truth though). There insurance did not cover the driver to drive off the premises so if they lose they will have to pay out themselves. Then the van company's solictitor turned up at my work and said sign a statement of truth, I said thats fine, but just asked again that I would not have to go to court, and he said I may be compelled to! At which point I refused to sign the statement. He then left and I heard nothing from him. I then received a letter from the claimants solicitors asking me for my insurance etc I just didnt reply (stupidly) and then i received another letter saying I had to attend court as they were trying to have the judge add me a second defendant. I was like what have I got myself into! Court day was today, I went myself (cant afford a solicitor), I thought the judge would understand and know its utter bull that they can add a customer to a case where I was not the employer. The defendant had a barrister turn up, the judge asked him to say what he had to say. He spoke about why I should be added, mentioned that the van company may have to close so they may not get any money from them, but that they may get money from me (like I was some sort of guarantor even though im broke and have defaults on my name!). The judge listened to my side for like 2 mins, I told her how I was just a customer, and gave an example, something along the lines of this> Just say I was going to post something at the post office, I pay for the service and now lets just say the person handling the parcel hurts his/her back, how does that make me as a customer, liable? After I was done, she basically moved on and had already made her mind up to add me to the case! I was fuming, but obviously I kept calm because I was in the county court. The judge had made her mind up before I'd even got into the room! Now they started talking and she asked would 2 weeks be okay to get a defence together, I was going away for a week, so I said no so she has given me 3 weeks to submit a defence?! I asked her what I should do if I cant afford a solicitor, she said to represent myself! Now I have no idea what to do, my friend (who was with me the whole time of the actual delivery process) said he would happily be a witness for me. But what do I do now? Any advice would be greatly appreciated, and now I know why my parents always told me never get involved with this sort of stuff, law is a dirty game. This has really really put me on a downer, really lost as to what I should do. Please help anyone. Thanks
  12. I don't know if this is the best forum for this (please advise some other forums if possible) but we are getting debt recovery demands for a former occupier and we know the person is deceased but don't know the name address of her POA. Is there a register somewhere of people named as Attorneys where one can find out? We were thinking that this may be a [problem] so if we phoned up this collection agency we may find ourselves a target. Advice appreciated on either of the above queries. Many thanks.
  13. I am a former council house tenant who's housing stock was transferred over to a housing trust several years ago. This generated a new tenancy agreement which my ex husband and I never got round to signing. We were never pursued for signatures so just left it. When I split up from my ex husband years later I took on a new single tenancy agreement in the same property which I did sign. Under the old agreement there were rent arrears. I ended my tenancy with them 12 months ago when I moved out. I was aware of the original rent arrears and also had some arrears on the second tenancy. (Not proud of this fact but stuff happens). I've had a letter from them today asking for the entirety of the old arrears plus they have added an extra month's rent arrears on my second tenancy. They are giving me 14 days to respond. I would like to know: a) Am I liable for All the arrears on my old joint tenancy? b) Were would I stand as my joint tenancy agreement was never signed? c) Am I liable for the extra month's rent? I handed over the keys and never returned to the property.
  14. Hi, just wondered if someone might be able to help with something please. Contacted by former housemate who says that Eon are chasing after a very large bill relating to the period of 2005 to 2010 for the facility for using a pre-pay meter in a house we once lived in. We actually lived there from 2004 to 2005. And I don't think my housemate informed them that we moved, so as far as I am aware they kept us (or just him) on their books until someone 'took over' supply to the house. They have called and apparently seemed very eager to sort out the problem by clearing us from the account by asking us for proof of our tenancy agreements around that time. My ex-housemate does believe that they are interested in helping us and he says that we should cooperate to the most utmost by providing our tenancy agreements to clear our name. However, I mentioned whether it was worth asking them for proof of contract, as without it they could not chase us. I proposed this as they might use the tenancy agreements to support an argument for placing liability on us on the basis that the contract was a rolling contract (I assume it was - don't have a copy, not does the ex-housemate). But my ex-housemate said we shouldn't mess about by doing that, as they could employ investigators and still saddle us with the bill. He also thinks that historic acceptance to pay the meter charges in 2004 to 2005 demonstrates that a contract existed. Just wondered what the views were of others here, as I would like to take the course that ensures I don't have to pay a penny for when I wasn't living there. But don't want to make things easier for them to pin liability on us, if that is their real intention.
  15. Follows the FSA report.Vince Cable expected to announce also if prosecutions will be pursued. http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/9336327/Vince-Cable-RBS-report-recommends-prosecution.html
  16. Hi all, am really hoping for some clear advice on this one. I left my last property about 3 months ago. This was at the landlord request, she wanted to move back into the property as far as I know. I moved out prior to my housemates due to a dispute that we had and have been living with parents since. I attempted to get a reference from the former agency that were managing the property. I then found out that my housemates had decided amongst themselves to withhold the last months rent, and therefore my reference was going to be poor. The reason that the rent was withheld, was that the bathroom had a leaking waste pipe and eventually the ceiling to the room below became very damaged, and technically uninhabitable. We had sent several letters and e-mails to both the letting agent and the landlord her self. It was viewed and nothing was done about it while we were still tenants. I understand the reasoning for them holding back on the rent, but I do not agree with their choice of method. 1. because I have now got a poor reference, stopping me moving in with my girlfriend, and 2. I will not see that deposit until the money is paid up. I have tried to e-mail my housemate and talk to her but I get a torrent of abuse rather than anything constructive. I was even willing to pay my share of the last months rent as per the contract. Should probably say it was a joint tenancy between 5 of us, and it was 3 that decided to hold back on the money, without consent from myself or the one other who also vacated early. I am not sure on what the next course of action is. I know that a good reference is impossible without that last month being paid, even if it was to come out of our deposit, we need all 5 to agree and i do not think that will be possible. Any help will be greatly appreciated, thank you
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