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  1. We rent our home and have done so for the past 15.5 years, Our tenancy agreement is renewed every six months and the rent and the landlord are both good Looking ahead and a potential scenario, do we have any more "permanent" rights of tenure after all this time? We have no desire at the moment to cause any waves, just looking for guidance and opinions Thank you
  2. Hi Background... I had a loan from nat west in 2006 funds paid to me were £9400 Nat west own statement confirms this. They say the loan was for £22400 ( or thereabouts). I had problems with my finances .. the bank account went overdrawn, got divorced, house went to the ex. In 2009 i snet CCA request for the loan agreement - they coudl not find it. They tried and failed to take me to court ( because they coudl not find the agreement) I know there was an loan but acording to what the bank statement shows it was for £9400 not £22400. Nat west of course argue that its the higher amount. Since 2009 ive been on a DMP with payplan and I have to keep arguing about the nat west loan amount. What I want to do is get the amount of the loan confirmed, they ( N west) say ist £22400 i say whats left is about £2200. Llast contact I had with nat west was to confirm that unless they proved otherwise i will treat balance as what i say it is. I want to look at doing some final settlement offers in about 2 years ( when i can get some pension money) Couple of questions ... How should i approach this ? - write and complain to NW ? then go to FOS ? I was looking to complain that the lack of the £13000 plus missing funds from the loan have put me in the debt situation im in .. ( at the time i took out the loan i had debts with multiple cards. ) any help appreciated Rob
  3. So I entered into a fixed 12 month contract with Eon in January this year, at a very reasonable £32.50 a month, all going swimmingly until yesterday when they emailed me to say that my direct debit would be increasing to £43 a month! Have just emailed them, and tweeted them, to say that there is absolutely no chance of paying this increase as I am on a fixed income, and their quote of £32.50 a month has been used in my budget each month, and there is zero wriggle room. I am hoping that they can continue to take £32.50 a month, like they agreed in January, or I shall pull the direct debit and either set up a standing order, regardless of their threat of adding their penalty fees for not paying via DD, or vote with my feet and go elsewhere all together, and deal with the deforestation of begging letters for 'breaking' the contract early. If I could be bothered to read the small print in the contract, I am pretty certain that it is all weighted in their favour, and no doubt it will say that they can change the rules and move the goal posts as and when they choose, but as a customer you're not able to. But we'll see.
  4. "We've added the right for us to upgrade a Bank Account to either a HSBC Premier Bank Account or an HSBC Advance Bank Account if you meet the eligibility criteria. " HSBC sent me their latest - we are changing your terms and conditions mess and I spotted that they are stating that they now claim the right to change you bank account type (without your request or acceptance) if you meet the requirements for some other bank account type. It seems they want to start moving people from simple free bank accounts to what could be charged accounts (premier etc) if you happen to meet the requirements set to allow that account. Now you could meet those requirements for a few months, they change you too that account, then your circumstances change (eg less than the minimum required transfer in each month) and you will then be in a monthly charge account without ever agreeing or requesting that change. In the details they do say that they MAY notify you if they have your correct contact information, but would appear to be attempting to avoid any obligation to have confirmed you have been notified, let alone agree and they require you to ask not to have your account changed - difficult if you don't get the notification or they choose not to let you know.. It seems rather insideus at the moment, and what is the next change to T&C building on getting away with this? " Bank Account terms and conditions 1. We may give you thirty days' notice that you meet the eligibility criteria for, and we're going to convert your account to either our HSBC Premier Bank Account or HSBC Advance Bank Account. You can ask us not to convert your account if you want to keep your existing one. 2. If your Bank Account is closed or converted to another account type, we'll remove all the Bank Account benefits on the date of closure. "
  5. Hello I am new to this forum I really need some advice. I am currently on long term sick leave from my job as a GP's receptionist. There is no likelihood of me being able to return in the near future and my latest certificate from my GP covers my absence until 10th August 2015. My GP is being very supportive and I am on medication and have been referred to specialist services where I have had my initial assessment and I am on a awaiting list for additional treatment. I know that my long term absence has an impact on my employer, I feel guilty about this, but it does not change my ability to work, I have not control over my condition at the moment. I am in receipt of SSP, my employer does not offer any occupational scheme, and I have asked them to provide me with an SSP1 form as my SSP is due to end soon. I have now received a letter informing me that a meeting has been booked for this Thursday 2nd July and that I need to attend to discuss my sickness in detail. The meeting will be with the partners (husband and wife team) and the practice manager, and I can bring a colleague or union representative. The reason for my absence is anxiety and depression and there is no way that I can attend this meeting at my place of employment. It would not be fair to ask one of my colleagues and I am not a member of a union. I am concerned that although the letter I have received states they want to assess my ability to return to work, I think that the senior partner in particular wants to assess my illness. I am very vulnerable at the moment and I am seriously considering resigning as there is no way I am well enough to work in any job let alone the stressful one I have. The senior partner is extremely dismissive of his staff, he is basically a bully and has made things difficult for staff members who have handed in their notice to leave to go to other jobs, and he has made things difficult for other colleagues who have been off ill. I don't know what do. I am going to ask that they given me more time to get advice and I want to try and see if my local mental health team can offer me some support. I cannot attend this meeting alone, my husband has said he will attend with me, but I know my employer will not allow this. The senior partner has made it clear to one of my colleagues & immediate line manager (who is the only person from work who has been in touch with me before this letter), that he doesn't believe my illness is genuine and he has even threatened not to pay my SSP, which he hasn't done. What should I do? I am so stressed which has made my anxiety and depression so much worse over the last few days, I am not due to see my GP for another few weeks, not sure whether I should go to him to discuss my fears. My employer has not asked to see a medical report, although he has on several occasions told my colleague to inform me he will be doing this if I do not return to work. I have no problem with agreeing to access to my medical records as both my GP and the local mental health services information on medical record would back up my version of how I am feeling at the moment. I feel that I am being forced into to making a decision I do not have the mental capacity to do so at the moment, I feel bullied, and paranoid. Any advice or opinions would be appreciated. Sorry if this post is long and rambling, it has taken me ages to write. R
  6. In 2010 I had a hysterectomy due to cancerous cells in my ovaries. Following the operation I was very ill and didn't cope well with the immediate Menopause. It was also discovered at the time that a heart murmur I had, had for years was more serious than I was aware of. So serious I needed to have the Aortic Valve replacing. I was also diagnosed with early stages of COPD in the right lung. I worked full time and had held my position for 6 years. Just before I was diagnosed with Early stages of Ovarian Cancer my employers wife had come back from her maternity leave. On her return she made it very clear she wanted me out of the office. I was demoted but my pay stayed the same. When my boss was around she was the perfect office buddy. When he wasn't she would make back handed comments and accused me of being an emotional wreck. I felt bullied and humiliated at a time when things were just not good for me. I developed complications during 2011-2013 and my heart operation was delayed. Then in January 2013 I had a series of small heart attacks and I was rushed into hospital for heart surgery. My employer was on my back all the time asking me when I was returning. Which I understand as a small employer he needed to know. But I was just to ill for working. I was also a little scared to go back because of the way my bosses wife had treated me. Last week a lady who I used to work with contacted me as she needed to talk to me about how my boss and his wife had treated her. She has breast cancer and has just gone through chemo and breast reconstruction. She told me that they didn't beleive she was so ill she couldn't work. In distress she had sought advice from ACAS. They had informed her that whilst she was of from work that she should have been paid holiday pay as well as her SSP. We wondered if anyone can clarify this for us? We are both still employed by the company despite the time we have been of. They do keep asking me when I shall be returning I was recently told by the consultant I wasn't fir enough medically to return to work. I have been of work since October 2011 and my colleague has been of since October 2013.Have we got a claim ? TIA
  7. Hi new here so be gentle!! I took out a Loan in August 1999 with then Cedar Holdings over 180 months. This was later transferred to Black Horse. The Loan was secured on my home and I have never had a late payment or missed any payments. This weekend I remembered I was still paying the Loan and dug out the paperwork and with my minimal maths skills I worked out it should have finished last July. I have just got off the phone with Black Horse and although they tried to fob me off they were scrambling for an explanation. There explanation is that on our original documents we signed the forms agreeing to them being able to vary the term, but this agreement was with Cedar Holdings and I have the original paperwork and there is no mention of being able to extend the term only the interest rate. I explained that I had the original paperwork and this stopped them in there tracks. They then said that they had a letter signed by me in 2008 saying I had agreed to the change in term (I have not signed any form) They said the term had increased because of an interest rate change, which yes my payments went up from that date, but are they implying that they have back dated the rate back to 1999? even then it only works out 3 extra months and how would they be allowed to do that without my written consent. When I said I had not had any correspondence to that effect they again started mumbling. Now they are saying they can do it as it is in my terms and conditions. I explained that I am not happy and wanted a full explanation from them. they replied that the loan ended next month, but being the wag that I am I said yes but not if you decide to increase the term again!! Finally they asked what I wanted to happen to resolve this issue and they will call me back later today. This is where I need help. Have I got any basis to ask for compensation or are they entitled to at will alter my term without informing me.
  8. Can anyone tell me what evidence to gather for this? This is not for me but for a member of my family. Having worked for four years the union is happy to take it forward but we would like to put as much information together as possible and I would like to be as helpful as I can.
  9. Morning all, Just wanted to put this question to people to confirm what is the normal process. What do most motor insurers do when the main policyholder dies part way through a policy year but there are named drivers on the policy. For example, policyholder dies mid January but the policy was not due to end until the end of April. Insurers were informed of the death the day after and stated that they would auto cancel the cover in 30 days and charge for time on cover. They also agreed to issue proof of bonus for the first named driver on the policy. They have now back tracked on the bonus less than a week before the end of the 30 days stating they will only issue bonus to the named driver if the reinsure with them. My understanding from when I worked in the motor insurance industry was that the vast majority of insurers would allow the policy to continue until the renewal date with the named driver bumped up to main driver status and then insist on a new policy being entered into at renewal. Most insurers will also extend full no claims to the named driver at this point. To be honest this is such a major hassle at a difficult time I wish I had not informed the insurers of the main drivers death. What are peoples opinion. The insurers are Elephant on this occasion. Thanks
  10. Hello, I am moving out of a flat on the 14th November and am I currently on a 6 month fixed term tenancy. I phoned the LL on the 16th october just to let them know we would not be renewing the contract this time they did ask to do this in writing but this was not done as we received a letter from the LL accepting we would not be renewing. Two days ago they put a note in the letter box Following a telephone conversation regarding ending your contract with us, please be aware we have received no written notice. Therefore you will be liable for rental payments covering your 30 days notice period even if you vacate. This is an email conversation after receiving the message. Hi, I have received a note from you yesterday trying to say we have not given you 30 days notice to vacate apartment. I think you are getting a little confused as I am on a fixed term tenancy and not a periodic tenancy. NO notice need to be given to end a fixed term tenancy (as this is what fixed term means). I did phone you to let you know I was leaving as a gesture of good will. I have also got a letter from yourself accepting that I will be leaving. As I told you on the phone I will be leaving on or before the 14th on November. If you need more info on this maybe I can point you to what the OFT has to say about notice periods on Fixed term Tenancy Agreements please see bellow. Susan https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf Notice not required for fixed term agreements 3.78 A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term. This could allow the landlord to impose a substantial financial penalty on tenants who do not realise that notice is not required, by requiring them to pay rent for a period after the end of the fixed term. Terms such as this are not necessary to protect landlords from the possibility that their property will be left empty, as the law allows landlords to recover possession at the end of the fixed term by serving at least two months' notice, and they could do so where their current tenant fails to indicate when asked whether they intend to stay on. The landlord and tenant could of course still agree to a renewal of the tenancy even after such notice was served. Their reply. Can I draw your attention to the points in your signed agreement: 8.1. In order to terminate this tenancy at the expiry of the fixed term, the tenant(s) named in clause 1.5 must give at least one months' written notice to the landlord prior to the contractual date of this tenancy agreement. If the rental is extended beyond its fixed term and becomes a periodic tenancy, the tenant(s) will be required to provide one months' written notice prior to the contractual date in order to bring the periodic tenancy to an end. I do agree you called and spoke to me that your intentions were to vacate, however I informed you that we must receive this notice in writing, which you have failed to provide. I can take this email as your notice to leave but you will be liable to make rental payments up to 5th December. (30days from this notice). My Reply. Hi Thank you for your email. Again I will tell you that I will be leaving the apartment on or before the 14th of November as good will gesture. The contract term you have given is unfair and unenforceable. If you pursue this matter any further then I will have no alternative to report this to the Office of Fair Trading. Any attempt to take any money will be defended using the UK court system. I advise you to seek legal advise before you reply to this email. Susan. Their Reply. Today at 11:43 AM Once again as per the contractual agreement you have signed with us you must provide WRITTEN notice to vacate. We have sent you a number of letters and emails which we can provide as evidence to show you have failed to provide the written notice. Should you fail to make the notice period rental payment we will retain from your bond. The amount for your records will be - £440.00 (£600 rent / 30days in month = £20per day. £20 x 22days (14/11/14-5/12/14) = £440). I have also enclosed your contract which is signed, and all the letters and emails sent to you regarding written notice. For all we knew you could have changed your circumstances and wished to stay in the apartment. Should you disagree you will have to dispute the matter with the company where your bond is held (My Deposits) this will have to be done following a check out appointment. Can anyone advise on how I should now proceed with this.
  11. Hi,I recently just paid off my IVA six months early and I'm coming off my interest only period with NRAM who to be fair have been good enough to stick to it but in three months I go back to repayment increasing payments by £300 will NRAM extend my mortgage term to help reduce the payment. Cheers nafjor
  12. A MAN who hit a bailiff with a cricket bat, then challenged his sentence for it, has been given a suspended jail term. Richard Burton, 35, attacked the bailiff David Knight when he went to his house in Phipps Road, Oxford, on March 5 last year. He was convicted of assault by beating at Oxford Magistrates’ Court on October 14 and was given a 12-month conditional discharge. He was also told to pay £100 compensation, a £15 victim surcharge and £200 costs. But Burton appealed against his sentence at Oxford Crown Court on Tuesday. The court heard Mr Knight told Burton he was a bailiff as he went into the house. Judge Zoe Smith said Burton went into the kitchen and first picked up a knife, then put it down and picked up a cricket bat instead. He raised it above his head and brought it down, hitting Mr Knight’s left hand, causing bruising and swelling. Dismissing the appeal, Judge Smith warned Burton that bailiffs played an essential role in the criminal justice system. She said: “People employed to carry out the duties of bailiff must have the protection of the courts and it is only right people who harm them should expect imprisonment. “The job this gentleman was undertaking was essential.” She gave Burton a three-month prison sentence but suspended it for 12 months saying: “We were impressed by the character witness you put before us.” Burton was also ordered to carry out 120 hours of unpaid work and pay Mr Knight £150 compensation and the Crown Prosecution Service’s full costs of £526. Judge Smith warned him: “If you do not undertake this unpaid work to the best of your abilities, you will have to serve the prison sentence.” http://www.oxfordtimes.co.uk/news/11657762.Man_hit_bailiff_with_cricket_bat/
  13. Hi, First of all, unlike a lot of people on this site, I did shoplift. I knew what I was doing, I made a stupid choice, and I don't really understand why I did it. Just was trying on a bunch of stuff, and then thought I could get way with it, and walking out of the shop was stopped. I knew I was doing something wrong, I felt guilty even before I left the shop but wanted to see if I hd done it (and whilst it was a one off, I had previously taken small things - to see if I could- I think 2 other situations both a while apart. A scarf once, and a hair product once. In this situation, I put stuff on and put stuff in my bag- about 50 pounds worth. Not that it's relevant to the wrong doing, I had had some pretty awful stuff going on - my brother's girlfriend comitted suicide not ages before this, and I was waiting on a hospital appointment for an MRI scan, as I was in pretty major pain at the time and on some pretty funky pain killers (I had an operation not long after that sorted that). I don't think it's relevant, but the security guards and the police kept saying who put you up to this, is something wrong, why do this etc (I suppose they didn't expect someone like me- at the time mid twenties, polite, and super regretful - there was a woman in there swearing and saying they couldn't do anything to her etc.) Anyway, I answered every question I could as best as I could, no one was rude to me (I emptied my bag out for them, and while they questioned a necklace I had, they accepted the receipt I had for it, even though it was from a pound store and those receipts just say 'item', (I did buy it.) The police gave me a caution, as it was a first offense etc, and I co operated. (Actually, it's Scotland, so they said they would recommend that I be given an adult warning but because I tried to take 50 pounds worth this may not be allowed, and it might be referred to the Procurator Fiscal, in which case it was likely that a fiscal warning or fine would be recommended. They said a police adult warning would be on police records for 2 years, but not on criminal records, and I have been struggling to find out about the fiscal warning, but a fiscal fine apparently stays on your records for 2 years as well and is meant to be worse. {I'm not allowed to post links, so I'm including in blue information to allow you to find the data yourselves, but I can post them once I've made 10 posts.) Adult warning info: ask the . scottish . police . uk Q562 Fiscal stuff info: victimsofcrimeonscotland - alternatives - to - prosecution I offered compensation at the time, and the store staff gave me a letter saying notice of intended civil recovery. Like others, I do feel I owe something as I did do wrong, and god I wish I hadn't been such an idiot. It makes me feel sick that I did it. I'm old enough to know better, and I don't even understand what was going through my own head. At least I can be relieved that I'm awful at breaking the law- in a weird way I'm glad I was caught, I'll certainly never be tempted again! Weirdly they didn't ban me from the store. (Not that I've been back, far too embarrassed by my own idiocy). They just said they'd be watching me carefully if I ever came back. (I wish they had banned me - might make me feel more like I was being punished.) Anyway, the letter received (a few weeks ago) includes the following paragraph at the bottom: "In principle the Data Protection Act 1998 does not prevent the use of data for civil recovery and employment screening purposes provided that the data protection principles are complied with. You are notified that the personal information held about you may be passed to the Police for criminal proceedings and to Retail Loss Prevention for civil recovery proceedings. Your personal data may be stored and used by prospective employers within client companies to make employment decisions and for the purposes of crime prevention and detection including verifying details on application forms and protection of the rights of this company and other companies as appropriate. We will pass this personal data to Retail Loss Prevention Limited and it will be shared in accordance with data protection law with appropriate commercial organisations and crime prevention bodies. The use of this data will at all times be in compliance with the Data Protection Act 1998." Soooo, the crux of my questions relate to the fact I think I've stuffed my future up by being a complete moron. I am a (mature) uni student, and I had thought to either go into teaching, or a management role, or library work (which usually means spending time with vulnerable adults or children), or possibly social work or if I stuck on the finance ish side of things, becoming an accountant (some friends recently became accountants, they say you don't need a degree in accounting and that you get a great introduction to business.) All of the professions I was considering are probably ones that (understandably) don't want to employ someone who has shoplifted. I looked further and found that in Scotland they have a system called disclosure Scotland. ask the . scottish . police . uk q642 And that the disclosures for the jobs I was considering are all eligible for (I think) standard disclosure, which show spent and unspent convictions (hopefully not relevant) and cautions. (are these the warnings? Does that mean they don't go away, ever?) disclosurescotland information standarddisclosure If you click on the 'eligible positions legislation' the link comes to ssi 2013 /50 / schedule 4 This lists a load of professions who are excluded from the 'rehabilitation of offenders' legislation per the explanation at the start of the thing which says "5. There is excepted from the provisions of section 4(3)(b) of the Act— (a)any profession, office, employment or occupation specified in Schedule 4;" I found the act and section 4(3)(b) says: (3)Subject to the provisions of any order made under subsection (4) below,— (a)any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent conviction or any circumstances ancillary to a spent conviction (whether the conviction is his own or another’s); and (b)a conviction which has become spent or any circumstances ancillary thereto, or any failure to disclose a spent conviction or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment. BUT:- I am confused. I understand that this means, that (if the above does not apply) failure to disclose a spent conviction or any other circumstances SHALL be ground for dismissing or excluding me from an office/profession/job etc, but is this the case as concerns an adult warning? I don't understand the difference between an adult warning and a caution per disclosure scotland. (I still haven't received anything from the police so don't even now if it will be an adult warning, a fiscal warning or worse.) I think I will ask disclosure Scotland this, but post it up here anyway. Also, this leads me back to the letter from the store RE RPL (the abbreviation I've seen around this site). I have highlighted the bits that ring bells for me. "Your personal data may be stored and used by prospective employers within client companies to make employment decisions and for the purposes of crime prevention and detection including verifying details on application forms and protection of the rights of this company and other companies as appropriate. We will pass this personal data to Retail Loss Prevention Limited and it will be shared in accordance with data protection law with appropriate commercial organisations and crime prevention bodies." Obviously, my concern is not with re-offending, so, whilst I'm unsure of the use of them passing my data to crime prevention bodies, I'm less concerned about that (though I don't understand what that means). As it says specifically "within client companies" does that mean just the retail companies that employ the firm, or anyone that might want to do pre employment screening? What do they mean by "appropriate commercial organisations?" A lot of the work I want to do is within the public sector, not commercial. I'm not to concerned about not being able to work in retail at the moment - I would be crazy to apply to the company this happened with, anyway, and I would hope if I end up in retail in a few years, that it didn't come up? I didn't know that only the police had the legal right to all my details, so they have my full name, address, date of birth, everything. I had to give it again to the police later. I'm basically wondering if I should write off ever getting one of the jobs I'd like, because of this stupid thing. I think the social work registry goes through disclosure scotland, teaching definitely does, and I don't know if accounting or more commercial things. And, as I'm nearing the end of my degree, I was looking at applying now, so everything would definiitley be within 2 years, so even if the warning goes away after 2, it would still be on my disclosure now if they do it, if it's a fiscal fine at least. And that's before even considering if they are letting anyone willynilly check their data which according to the website ( integrity screening uk) they do. (Though I don't know if any of the areas I'm working in would be checking whether I'm subject to civil recovery proceedings.) I also checked the company name (cireco) and it is not on the data protection public register, although rlp is. Interestingly, the 'purposes' for data processing are listed as "We process personal information to enable us to provide investigatory services, to trace debtors and purchase debts and to collect on behalf of creditors. We also process personal information to maintain our own accounts and records and to support and manage our employees." None of the above purposes relate to my situation, or this 'integrity database' being maintained to sell details of my integrity. What they say they will do with my data id not what they say they are doing with it per the register. Additionally, I understand from reading this site that I am not a debtor - that they cannot charge me a fixed fee for my wrongs. (I would be much happier paying the company directly an apology piece of compensation.) They also say they share the data in this way: We sometimes need to share the personal information we process with the individual themself and also with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act (DPA). What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons. "Where necessary or required we share information with: voluntary and charitable organisations ombudsmen and regulatory authorities business associates and other professional advisers associated companies suppliers financial organisations credit reference, debt collection and tracing agencies police forces private investigators courts and tribunals government traders in personal data family, associates or representatives of the person whose personal data we are processing; current, past or prospective employers examining bodies" I think this is a misleading statement. They say "Where necessary or required" but I do not see any circumstances where it would be necessary or required for them to share the data with traders in personal data, and I think sharing it with anyone who might be a prospective employer is highly irregular, they're obviously making money off of a horrible situation, and why have a disclosure system if someone can not be found guilty of a crime and have their whole future wrecked anyway? I don't know what to do. I think I need to write to the information commissioner about this as well as disclosure Scotland. As concerns the credit statement issue, I know I'm going to need a credit card at least temporarily as I have an overdraft that will be reducing following graduation, and at least at the moment I have not got a job that pays enough to cover my rent. As you can tell this has been bothering me for ages! I still haven't decided how to respond to RLP, and I'm so worried about the possible implications. Some of the jobs I've applied for already are ones in the public sector etc, but no one has asked me for a disclosure, and I think you need to give permission for a disclosure to go ahead. I have kept applying for jobs in areas I'm interested in and I have kept volunteering for kids groups for which I have already got a PVG (this is a disclosure to work with kids and vulnerable people) but I think I should tell someone about this, or it might get worse. I don't think I'm a danger:- I mainly help tidy up and split up arguments and suggest games for the teens and kids to play. I certainly would never suggest anyone break the law. I'm wanting to wait to say anything to find out whether I get a warning or a fine... and to work out what the implication would be for all of this before I say I can't volunteer anymore! I also do office work - and I don't remember there being any disclosure for that job, but we do look at financial info sometimes (for paying for services and buy goods) but I don't do any processing of the payments or anything. I know that if I was convicted they would fire me as even if I don't deal with stuff, it would look bad on the company to have me there. But obviously I'm terrified that if I don't tell them and leave that retail loss prevention might contact them and I'll be fired, even if I do pay them the money. Please help with any advice. I would really appreciate it. I can't believe how stupid I've been.
  14. Hi all, I have just rented out my garage to a chap to store his car that has been damaged in a motoring accident and is SORN. Please can anyone advise me accordingly as I have never let out a garage before and was wondering if there is anything I should be aware of or any potential problems, such as having a sitting tenant? I havent drafted up a contract yet but I have seen proof of address and intend to draft one up shortly and drop it round. I have had the first month's rent up front and we have agreed an initial period of three months. Any help/ advice greatly appreciated K regards BB
  15. Hi Folks, (Sorry this is a bit long!) I have trawled through several of the Forum posts relating to Possession Orders on here and on other sites but our case seems to be different (The story of my life!) Our INTEREST ONLY Mortgage with GE Money expired in Jan 2012 with a balance outstanding of approx £62k which we were unable to pay. We have since made interest payments of over £15.5k at a rate of 8.44% which hasn't changed since 2009 although we are meant to be on a variable rate. There are no arrears and we have OVERPAID approx. £740-00 to date. We made a written offer to GEM to repay the outstanding balance over 5 years at their Base Rate of 4% but this was declined. We had a remortgage offer last year but this fell through as there are other charges on the property and we ran out of time to sort them out. We went to court in September armed with 11 pages of defence as GEM's solicitors had got most of the details wrong but the judge ignored this and said he had no option other than to issue a possession order as we were in default (Expiry Jan 2012). We have until Nov 25th and have been looking at all the options. These are: 1 Cash Sale (Approx 84% of value) 2 Auction Sale (Estimated 88% of value) 3 Remortgage at 2.5% over 11 years to cover outstanding Mortgage and Charges. (We are currently in a joint mortgage but would have to transfer ownership to my partner due to my age!) 4 Bridging Loan over 1 year whilst we sort out the charges with a view to putting the property up for sale. Everybody and his dog keeps telling me we haven't got much time! Been to CAB, 2 solicitors (£75 costs), about 20 websites, zillions of e-mails, etc! (Not much help really, especially the cAB and solicitors who seemed to tell me what I'd already told them!) The judge said we would have to have tangible evidence of either a sale or a remortgage going through - not sure if an offer document would be enough. By the way GEM's solicitors (Eversheds) sent us a wad of documents dated a week before the hearing but we received them at 10am the day of the hearing - which nearly made us late! GEM have since written to confirm they have a 'Absolute Possession Order' which becomes enforceable on 25th Nov 2014 and stating: "We are still, however, prepared to provide you with a further opportunity to repay the balance of your loan within a reasonable period of time". I phoned them and was advised to put in a better proposal, shorter than the 5 years that I had previously offered. (I have been advised that GEM send these letters out automatically just to comply with regulations) My questions are: 1 Can I appeal on the grounds that GEM's solicitors had most of the facts wrong in their application? 2 As the judge said we are in breach of our agreement should we have continued paying interest or can this be claimed as capital? 3 GEM took over our account from FN Finance/Abbey National - is this legit as other sites suggest an agreement isn't legal unless both parties have signed it (Or is that just in the USA)? 4 I have sent letters/e-mails/phone calls to the 5 parties with outstanding charges against our property, with a view to them accepting reduced settlements but have only received 1 reply to date! Would GEM or the court be liable to grant further time whilst these are sorted? 5 Does anyone know of a solicitor that can be relied upon to carry out the work in a short time? I think that covers about everything for now - I'll just add that I'm reluctant to pay out fees up front with no guarantees as most of our money is still going to GEM to repay interest.
  16. I have run into an issue with our old friends at Unicom. This all started a couple of weeks ago when Unicom sales (who I have two phone line with) contacted me to offer a deal on Broadband which on the face of it sounded OK apart from when they got into their script they mentioned that it was a 36 month contract; I immediately stopped them there and said "I don't do 3 year contracts" the girl was a bit flustered and said "they only offer 3 year contracts" so I said "Forget it then" she convinced me to hold on and she went to talk to a manager. On her return she we can tie it into your current phone contract so I agreed and we continued on. Yesterday when my accounts administrator came in I explained what I had done and showed her the figures she did some quick sums and reported that I would end up paying far more than I do currently. She had a look around and she found several deals that would be a lot cheaper and asked me to contact Unicom to see how long we had on our current phone contract and to cancel the Broadband migration. I called customer services and asked when my current phone contract expires "May 2016" came the reply I then ask what is the term "36 Months" they replied; if this was the case then the contract must have renewed somewhere around April - May 2013 I didn't say any more on this subject at this point but I did go on and cancel the Broadband migration ( a few harsh words with a salesman here but I persisted). I then e-mailed a "Formal Complaint" to customer services stating that I don't remember any contract renewal and was this an "Automatically Renewing Contract" if so these had been banned by OFCOM. I received a phone call some 2 hours later and was told that it wasn't an ARC and that I had been contacted by phone in April 2013 and I had agreed to renew the contract for 36 Months and to top this they had a recording of the conversation. She went away and and listened to the recording and came back and reported that YES it was me and YES I had agreed to 36 Months; I asked if she could e-mail me a copy of this recording to which she agreed. Having carried out some further research into OFCOM's GC9 I see that they capped Fixed Term contracts to a maximum of 24 Months but what isn't really clear is if this cap includes Small Businesses ie those with 10 employees or less. Any thoughts on this would be appreciated. Regards Chris
  17. I have been renting a house with two friends for one year. We completed a 6 month fixed term tenancy in February, and began a new one, which ended on 14th August 2014. Mid-July, I contacted the letting agents by phone to let them know that my two friends would be leaving, and that whilst I would like to try to get new tenants in, I couldn't commit to renewing the tenancy agreement. The letting agents accepted this, and asked me to let them know if I found anyone. I could not find anyone new, so found a new place for myself and expected the tenancy to end when the fixed term ran out. The lettings agents are now saying that as we did not provide written notice, we will have to pay another month's rent. Though they have compromised and are now only asking for half a month's rent. Neither myself nor my friends can afford this, as we've obviously got rent and deposit to pay on our new places. I understand that as it is a fixed term agreement, we are under no obligation to give notice. However in the first contract we signed, there was a clause stating "The tenant agrees that they must give at least one month's written notice before the rent due date, to vacate the property on expiry of this tenancy." There is also a clause stating that "The tenancy includes any extension or continuation thereof or any statutory periodic tenancy which may arise following the end of the term" This was in the contract for the first 6 months. The contract for the second 6 months made no reference to notice. Would we have a case to go to the letting agents with, stating that as it was a fixed term assured shorthold tenancy, we were under no obligation to provide notice?
  18. It's pretty obvious my employers don't want me back and I need to move on and upwards and away from them. How do I legally stand in claiming back accrued holiday pay? I've been off ill and obviously, unpaid since been off - Jan 2012 (or something like that as it's been so long) and although still employed my position has been temp filled. I remember a lot of people stating don't quit as holiday is been accrued. I have asked my work and to no surprise they don't reply. So how do I get the ball rolling? I presume I have to resign then request the amount/days in writing by recorded delivery with a time limit, then if they ignore take it to ET?
  19. My wife asked her employer recently if she could go term-term only, so we don't have to pay out expensive childcare costs when it is school holidays. Her employer agreed to this, but are querying her claim that she is still entitled to accrue holiday pay (either as time off during the term-time, or as extra pay equivalent to what she would have earned). Am I right in thinking that term-time members of staff are still entitled to accrue holiday pay?
  20. Though from the U.S. this is relevant here too: http://www.washingtonpost.com/blogs/wonkblog/wp/2014/05/16/the-terrible-luck-of-long-term-unemployment/
  21. Hi me and my husband took out a Scottish Widow policy when we took out our mortgage. We made a claim on the policy when my husband was out of work and then I made a claim when my husband died in 2010. Will I be able to get anything back now, or has my claim and subsequent payout make any claims invalid.
  22. Hi all, I am looking a little bit of advice once again, so I hope someone can point me in the right direction. I have been on Long Term Sick Leave for nearly 2 and half years now. I have recently found out that the comapny I work for, has lost the contract that I would have been working on, and the work is transferring to another part of the UK. My employer wants to offer me another position, albeit temporary for now, until a permanent position becomes available. The thing is, I will not be able to ever take up this post due to my ongoing illness and treatments, and I only recently sent in another sick line to work for another 6 months. Obviously if i do not take the position offered I understand that my contract will transfer to the new company. With my continuing illness, it is highly unlikely that I will be returning to work at any time in the near future. So my question is this, should I allow my contract to transfer and then accept redundancy if it is offered. Many thanks in advance.
  23. Hi all. Hoping for some guidance on a mortgage which is heading towards the end of it's 2 year fixed period, seems as though Virgin Money have made a mistake. In June/July 2012 i went to buy my first house. Things didn't quite go smoothly and we didn't complete until Nov 2012. The mortgage we took was a 2 year fixed rate with Northern Rock (now Virgin Money). Everything's been fine since, but today we got a letter through the post from Virgin Money stating our fixed period is coming to an end and we'll be on SVR from 1st July this year. This is good for us as it'll be approx £90/month cheaper, but it seems like a mistake as the mortgage wasn't taken out until Nov 2012, so i would expect to be on the fixed term until Nov 2014. Have logged into my mortgage account online and it confirms the correct date my mortgage was taken out, but also says that special rate (i.e. fixed term) ends 1st July. Has anyone come across this before of a 2 year fixed rate only lasting 20 months? Also, if it is a mistake would i be liable if Virgin Money realise this at a later date and ask me to pay the amounts they didn't charge me for (i.e. the £90/month that SVR will be)?
  24. Hi, I am hoping for a little advice if any. I have currently been signed off sick by my GP since October 2013. To cut a long story short i was off 2 years previously with neck and back pain, i work in a call centre and after numerous visits to physio and an MRI i was diagnosed with cervical spondylosis and from C3 -C7 my discs were totally worn. After 5 months absence i returned to work but cut my hours down from 37.5 to 25 per week. Since returning ive constantly complained of being made to sit for long periods of time ( OH and the works private GP) had both put in reports that i must have time away from desk as sitting aggravates the nerves, anyway ive persevered with the pain for 2 years until it got so bad i couldnt move or get up for work. So to date, ive seen a muscular skeletal specialist in december who was quite concerned that the pain was now in multiple joints and sent me for blood tests for rheumatoid arthritis but due to her being involved in a car accident i had 2 appointments cancelled last month and i am finally seeing her this week for the result and what the next steps are for treatment for me. My point is which i need help with, i am constantly getting phone calls from work, sometimes 5 times a week asking if im better, when will i be back etc. These are questions i do not have answers to. I have attended monthly welfare meetings and have had a 1st formal notification in january 2014. They have again contacted me (4 times in 2 days) saying they want me in for weekly welfare meetings. Now due to constant pain even with medication and public transport taking 1 1/2 hours to get there i am finding it is making my condition worse and told them this and that i was unable to go in weekly but was happy for them to visit my home to conduct these. Basically i was told on this occasion they would but after that i have to make my own way there and back ( we are also moving to new premises further away which will result in it taking me 2 1/2 hours to get there) . What i would like to know is 1) Is it right to make me attend a weekly welfare meeting and 2) is repeated unnecessary calls legal. I am really starting to feel stressed everytime the phone rings and more so afterwards as the conversation and demands play around in my mind. I have spoke with ACAS who said i can request home visits in which i have done and also complain about the call volume. I spoke with HR today who basically said try sort it with your manager, then ops manager ( both of whom are ringing me constantly) next step write a letter to the service manager of the department which i will be doing today but i really feel like im wasting my time as ive worked for this company almost 7 years and seen the same thing happen to collegues who have eventually left the job or been dismissed . Sorry this post is long, i have tried to list as much as i could to give a clear picture.
  25. I am have been on a variable fixed term contract since 2010. Some times it is 6 months other times it is 12 months. I would like to know if after 5 years my holiday is increased by 3 days being the same as permanent employees. Thank you
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