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  1. I just read (in brief) the new Halifax terms and conditions. Check section "25 - K" Does anyone else think a synopsis might read: "If our system breaks down, or anyone else connected breaks down we're not responsible because it's unusal" and: "We can breech our agreement if any regulation (Not Law I might add ) requires we do so. Really! This reads like "It's not us, we were not there, and if you say we were we will deny it and refer to our terms and conditions."
  2. hi guys, i have an existing £10k loan, with halifax taken out in 2004 with ppi, im doing the mis-sold route with a couple of arguments. i made a claim on ppi, and was told, no can do as i was dismissed. phoned to cancel PPi, told to take out new loan with no ppi, oooops! not working means no new loan. this was followed by them raiding my bank account of £65, now 11p overdrawn. this is the info on my loan agreement amount of credit (cash loan) 10,000 add total charge for credit (cash loan) 2,548.76 total i pay for cash loan 12,548.76 1+2 ppi loan ( cash price ppi) 2,364.76 add total charge for credit for ppi loan 602.96 total i pay for ppi loan 2,967.72 4+5 apr 6.5% loan 12,364.76 total charge for credit for loan 3,151.72 total i pay 15,516.48 monthly interest 0,511% arrangement fee (1% of loan and 1% ppi loan) already included in 2+5 HERE'S A GOOD ONE Your Right To Cancel 5days going to browse the spreadsheet templates to see how to work out sched of claim similar position with abbey for first my first loan although they have accepted my ppi claim on second loan. as before any comments or help feel free.
  3. I recently received an offer letter for a new job. One of the stated terms of employment is: "You may be required to work flexibly and/or additional hours may be requested for the proper performance of your duties for which you will receive no additional payment" This role is salaried as opposed to hourly pay. Is this a statement typical of salaried positions or is it something more ominous? My primary concern is the 'additional hours may be requested' part - since it is a request does that imply that I can decline the request?
  4. I'm looking for advice on how best to deal with the problems I'm currently facing with my employer. I started working for this small company full-time in February of this year, having previously worked for them for a short spell in 2012. I was glad to be asked back and the first few weeks went fine. After a period of absence due to illness (one working week, monday to the friday, unpaid) I was told in the March that I still had a job but the terms of my contract had changed, and I was now on a temporary "zero-hours" contract for 4 weeks, after which I'd be put back to my normal "full-time" contract. They were still allowing me to take my weeks planned holiday in April but now I'd no longer be entitled to any holiday pay. This was all put to me verbally. I've never seen an actual contract at all in all my time there, and requests for written confirmation of any of these changes or to actually see the terms of my employments are met with replies of "I'll look into it". Fast forward to two weeks ago. Under the impression I'm now a "full-time" employee, the police roll in looking for me on a Thursday morning to tell me my dad unexpectedly passed away. Cue more unexpected time off work dealing with the shock, planning (and attending) his funeral and trying to sort out his estate. By sheer bad luck I'd had another few days holiday arranged the week of the funeral (authorised back in February), so I've been absent for about 2 weeks now. While my employer seems to be understanding that these are circumstances out of my control and allowed me time off work, I haven't been paid for any of it. Not even the two "holiday" days. Feeling utterly shafted. I know little about how leave due to bereavement works, so I wouldn't be surprised if this is correct and I'm not entitled to anything. But surely I'm entitled at least to holiday pay? They can't just keep changing the terms of my contract to [problem] me out of paid holidays can they? I'm getting increasingly frustrated. I have little choice but to return to work on Monday. I have little mouths to feed as well as my own here. But surely they can't keep getting away with treating me like this? Are they not obligated to notify me of any changed to contract in writting? Why don't I have a copy of my actual contract surely I have a right to see it? I hope someone can help. No idea where to start. I've wrote to citizens advice only earlier tonight but their opening hours clash with my working hours, so actually attending their local office could be problematic. Please, does anyone know where I should start? Feeling utterly shafted. Thanks in advance. Bert
  5. I took a job 6 months ago that is not working out as expected. I now want to leave, but am concerned about a clause in the contract that might leave me liable to a large amount of money. When I joined they agreed to pay me a draw paid out over 6 months that is recoverable against year one commissions. There is then a line that says if I decide to terminate my employment with the Company before the amount has been recovered, then I will be required to reapy this amount in full. Does this mean that I am handcuffed until I earn commission to cover the amount of the draw, and is that just for the first year, or perpetually ? Any help you can offer me would be most appreciated.
  6. We are fighting a case with the council for breaching the terms of the tenancy . This tenancy is a secure tenancy from 1985. They are presenting the court with conditions from 2014 trying to say they are true tenancy . Can they do this or can I get the case thrown out as they are relying on this for their case . I am in court tomorrow without any legal help only advice. thanks in advance
  7. I currently have 3 credit card debts which have been defaulted and are now with DCA's and have been paying them off to varying degrees for 5 ish years. I'm in the position where I can offer reasonable full and final settlements, so decided to send CCA requests to them all to hopefully help me with the negotiation. None of them replied within the 30 days so I stopped paying. I'm not trying to avoid paying, just negotiate a reasonable figure. I've had a response back from DLC re an MBNA card I took out in November 2002 ( I have 2 with them). This card is showing on my credit file as defaulted in June 2010 with a balance of £11239. The current balance is £6139. They've actually sent me a CCA which is signed and dated by me from 2002. The form is signed on the front and the terms on the back, it's a cheque book sized form. They've also included what looks to be reconstituted terms which is 7 pages long but not signed. The signed form seems to have all of the prescribed terms, so may have made my situation worse rather than better. I've ticked the "no PPI box". My query is, the signed document states 15.9% APR but the other version states 23.9%, does this make any difference? I haven't sent an SAR so don't know what I was charged.. They're obviously asking me how I intend to clear it, which I haven't responded to yet. I'll try and pay the £25 per month I was paying before although they've got a stronger case now. Any advice would be appreciated.
  8. Hi - I am not sure where I stand in the matter of my late mother's estate. In her Will it is stated that jewellery is to be distributed to the family, however it is a year later and I have heard nothing further from my sister who is acting as executor. The last I heard was that some of the family had decided to give back items to those who had given them including more distant relatives rather than just the beneficiaries of the Will. In this case several daughters. I am at a loss as to what to say or do with this situation. Any advice most welcome. thanks
  9. I wonder if there is anyone among you, who have experienced Leasehold Fraud. The point being, in that some may have been Repossessed due to Service Charges, even when they've redeemed their Mortages for the considered sum. I'm looking to speak to anyone who fits that specific criteria. It appears that Leaseholders are being deemed as Tenants.. . This is a sufferance & not to be mixed up with actual Tenants. Even RICS have stated that Managing Agents in particular are the wild west of their industry. Also how many have the statement: "the lessor is seised of fee simple in possession free from encumbrances" - as far as I know with that statement it should mean once the Mortgage is redeemed - it's yours. Providing you've been in situ in excess of 12 Yrs with the Freeholder not actioning recovery of the Premises - you're meant to be on the home run. Apparently not so. So does anyone have any info about this?
  10. Hi everyone, not posted before but looking for some advice. Had to take out a loan 5 years ago for uni and have been paying it off since. I have made some lump sum payments online to reduce the amount etc. However upon calling up natwest today to discuss the possibility of reducing the amount paid each month, they informed me that as i made the payment online, this automatically reduced the term of my loan vs the amount paid per month. I was informed that had i made the payment over the phone i would have been given the option of which one i wanted. Surely this is not permitted, if i had options over the telephone shouldn't i have been made aware of this when making the payment over the internet. I can afford the payments but i would prefer to reduce them as it suits me better. Any advice on this would help. I am about to have a read of the t&c of the loan to see what it says but i can't help but think this is a bit inappropriate to say the least.
  11. After receiving £20 a month for 6 years Scott and Co decided to cancel a payment plan then request the full amount of the outstanding debt. With only 7 days notice giving no time to reply to a letter stating this they sent round a Sherriff office to attempt to reclaim the entire amount. The details of this debt are as such, it is an old council tax debt. Scott and Co issued a charge for payment 6 years ago and agreed a plan. The council have since received the on-going council tax and the plan has never been reneged on paying faithfully each month. Scott and Co claim to have sent a letter asking to up the amount, upon not receiving a reply they cancelled the direct debit and sent debt collectors to the door. IS this at all legal ? As the debt was being managed for Glasgow City Council would they not have had to go back to the court for a new Charge for Payment, would Glasgow City Council have had to request this action being taken ? After speaking to Scott and Co they simply claim an edict came down from head office with a report on all these small payment high balance debts and told them to chase them. Is this not outside their remit, this is not a credit debt this is a council debt dont they need the full court procedure to change the terms of a payment plan ? Sorry to ramble but it seems they just want to shaft us as fast as possible by claiming we didn't answer their mails ect, yet they drew the payment for the 28 sept, then cancelled the agreement.
  12. I’ve been researching into ‘typical’ courier terms and conditions, with a particular interest in liability clauses. I’ve long been of the opinion the majority constitute unfair contracts and a shirking of responsibilities at the expense of consumer rights. What annoys me more than anything is the tendency for couriers to imply consumers require (and should pay for) additional insurance against loss, theft and damage. In my opinion if any of these eventualities occur it is as a result of negligence and (or) failure of the supplier to exercise reasonable care and skill. It is for the supplier to arrange their own liability insurance for such eventualities and neither fair nor reasonable to expect the consumer to be made responsible for supplier negligence. To this end I am particularly fond of point 18.2.3 in the OFT, which among other things states that “The supplier should not make the consumer his insurer”. For the purposes of this post I have analysed CityLinks terms and conditions which I assume to be typical of most. I have highlighted each clause which I believe to be at odds or at least questionable according to the OFT Unfair Contract Guidance. Please note the following are not the FULL terms and conditions provided by Citylink, they are merely the ones I deem relevant or dubious: The corresponding sections from the guidance are: I also felt the following section was useful for when the supplier tries to push toward the subcontractor (perhaps if you used a parcel broker service) I hope people find this useful when taking these organisations to task.
  13. Hi all, Just looking for some advice on a dispute I have with an online retailer. To give some background, I placed an order way back in April and paid for it then and picked it up towards the end of August. On their website it stated that "If you are in any way unhappy with your purchase, please notify us within 7 days of receipt. We will issue a full refund of the purchase price once the item has been safely returned to us". When I picked it up, all the individual goods (25 quantity) were wrapped up and box sealed and it was closing time of the shop.. .there was no way I was going to spend an hour or more in the shop checking all these therefore I believe I had reason to check my order out of store within a reasonable time. Which I did and emailed them back saying I was not happy with the order and therefore wanted an exchange/refund. I received a reply today saying they were not going to refund as my items were specially ordered (I ordered 25 rather than just one or two so fair enough as they said they would have to make a special order for this) and they quoted a paragraph from their terms and conditions. The thing is I took a screenshot of their terms and conditions the day I sent my email in case I needed it, and it indicated no such thing so they have just added this paragraph to their t&c's today to backup their argument! Like all t&c's they reserve the right to alter and amend without prior notice but surely they can't just do it like this otherwise any business could amend their t&c's to what they wanted! FYI: The business is a small online retailer with one shop and two or three employees so I'm not sure if they just think they can get away with this. Can anyone here advise me on what to do here? It would be much appreciated! Thanks
  14. Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back
  15. 123-reg are domain registrars. They have introduced a new charge to transfer .uk domains away. This contradicts previous terms and very visible statements on their web site. They have given no notice of the change in terms. I want to transfer to a new registrar, and have asked them to waive the charge as it was not part of my agreement when I paid for domains there. But they are refusing to waive it pointing to a clause (that probably was in effect) that basically says they can do what they want when they want: Rather than me trying to explain it all in further detail maybe simplest if I point you to this web page where they explain it very well. http://www.mayne.net/123reg-domain-name-hostage/ some people on there have had success, but 123-reg are still refusing to allow me to transfer away free. What are my legal options and levers here please?
  16. I am a small business. A business I do business with has invoiced me a for a service I was not aware I was liable for. On query they informed me that they made a change to their terms and conditions 12 Months ago and that I was sent 2 emails (one in December 2012, the other in January 2013) informing me there was a change to the t&c. They have sent me copies of the emails they say they sent on the respective dates. I can find no trace of them on our email systems. In addition from what I can make out from the emails copied to me today they make no mention of the affected change simply inviting me to visit a web page via a software application that they provide for me. There was no link to the relevant page in the email and I have not used the software application in any event. I also issued notice to cancel the agreement between us on Dec 1st 2013 but clearly this is after the date they alledge they informed me of the change to t&c. I think the argument is going to centre on service of the email(s) advising the change. It is acceptable for terms and conditions to be varied in this way? It's possible the emails were sent but as that account gets a lot of spam they may have been deleted in error. Would the Company need to rely upon a read receipt before the emails can be taken as read and the Terms and Conditions change accepted? This was a pretty fundamental change and levies an annual fee of £250.00 where one was not previously present. Thanks for any opinions, irrespective of the rights or wrongs of service this looks like a very shady practice.
  17. Hi All i have an issue going on with Adrian Flux Insurance at the moment, i thought i would put up their terms of Business to see if they are unfair and come under the UTCCR 1999. any thoughts Welcome..... cheers TERMS OF BUSINESS Adrian Flux Insurance Services, East Winch Hall, East Winch, King’s Lynn, Norfolk, PE32 1HN Telephone 0844 888 5544 Fax 0844 888 0101 The Financial Conduct Authority (FCA) The FCA is the independent watchdog that regulates financial services. Please use this document to decide if our services are right for you. Our Service We act as an Independent Broker on your behalf. You will not receive advice or a recommendation from us and you will need to make your own choice with regard to the products that we offer you. Our service includes administrating the policy for you and helping you with any ongoing changes you have to make. Who regulates us? Adrian Flux Insurance Services is authorised and regulated by the Financial Conduct Authority. Our FCA Register number is 307071. You can check this on the FCA’s register by visiting their website http://www.fca.gov.uk/register or by contacting them on 0800 111 6768. Adrian Flux is also licensed by the Jersey and Guernsey Financial Services Commissions. Our permitted business is: Arranging (bringing about) deals in non-investment insurance contracts This covers a range of activities including introducing a customer to an insurer, helping a customer to complete a proposal form and sending this to an insurer. Making arrangements with a view to transactions in non-investment insurance contracts This includes helping a potential policyholder to complete a proposal form or introducing a customer to another intermediary, either for advice or to help arrange an insurance policy. Dealing as agent in non-investment insurance contracts This includes entering into a contract of insurance with a customer on behalf of an insurer (for example, issuing a cover note). Assisting in the administration and performance of a non-investment insurance contract This includes notifying an insurance claim to the insurer and negotiating settlement on behalf of the customer. Products which we offer We sell a wide range of both personal and commercial insurance products and provide information on the basis of a fair analysis of the market from a wide range of insurers. Please note that any additional policies we sell in conjunction with your main policy are linked and will be cancelled in line with the main one. We only offer products from a limited number of insurers for caravan insurance. We will provide a list of these insurers on request. For Legal Expenses Insurance, Replacement Car Cover & Gadget Cover Insurance we deal exclusively with Ageas Insurance Limited. For Roadside Assistance Cover, we deal exclusively with Equity Red Star. For Personal Accident, Helmet & Leathers Insurance, Mobility Scooter Insurance & Windscreen Insurance we deal exclusively with Trinity Lane. For Key Care Insurance, we deal exclusively with Groupama Insurance Company Ltd. For Misfuel Insurance, we deal exclusively with Sterling Insurance. For Driverguard Insurance we deal exclusively with Isle of Man Assurance. For Travel Insurance we deal exclusively with Axa-Sun World Travel. For Independent Living Insurance we deal exclusively with Groupama. For Family Personal Accident Insurance we deal exclusively with Novae. For Household legal cover we deal exclusively with UK Underwriting Ltd. For Household Home Emergency we deal exclusively with Europ Assistance For Excess Protection we deal with Trinity Lane and AmTrust For Trailer Insurance we deal exclusively with Trinity Lane Trinity Lane Insurance Company Ltd is owned by one of the Partners of Adrian Flux Insurance Services. Our Charges: In addition to premiums charged by Insurers, we normally make the following non refundable charges to cover the administration of your insurances: £25 For making mid term amendments, processing cheques which are returned by our bank as un-cleared, cancellation of policies and setting up of Finance Agreements. £35 For arranging collection of bad debts with our debt collection agency. For making amendments to your policy, if we identify discrepancies and/or non-disclosures which do not correspond to the information you have provided when you purchased your policy. Up to £45 For setting up new policies and renewing existing policies. £15 For arranging an agreed value or sending call recordings. If the policy is underwritten by Trinity Lane Insurance Co. Ltd. then a percentage fee based on the insurers premium will be applied to the policy in addition to those listed above. Please note that your insurer may make a charge of £20.00 for any amendment made to your policy in addition to any increase in premium and our mid term adjustment fee. Return premiums (usually arising if an insurance risk is reduced or the policy is cancelled), will be refunded to you net of commission (or percentage based fee if insured through Trinity Lane Insurance Co. Ltd). which could be up to 30%. Where applicable, all refunds will be processed to the same credit / debit card that was used to make a payment on the policy. If you take a new policy out with ourselves and make a payment towards this new policy but have a previous policy with ourselves that has an outstanding balance we reserve the right to transfer any money paid on the new policy to cover the debt outstanding on your previous policy. How monies paid to us are handled We are the Agent of Insurers for the purpose of collection of premiums and refunds of premiums. This means that premiums are treated as being received by the Insurer when received in our bank account, and that any premium refund is treated as received by you when it is actually paid over to you. We normally accept payment by guaranteed cheque or any of the major debit/credit cards. We will retain your debit/credit card details for the purposes of automatic renewals and to pay or refund other premiums that may become due upon changes to the policy. Cancellations If you wish to cancel your policy, you must first call our customer service team. DO NOT CANCEL YOUR DIRECT DEBIT PAYMENTS. You may be due a refund for part of your premium as long as no claims have occurred during your time on cover. You must return your certificate of insurance or a lost certificate declaration together with a letter confirming your cancellation request before we can cancel your policy. Upon cancellation of the contract, it should be noted that Insurance companies apply short term cancellation charges which are not proportionate to the annual premium and as these form part of the contract offered, we would ask clients to realise that such charges upon cancellation are applied by the underwriters and not ourselves Please note the premiums paid for supplementary covers are not refundable following cancellation. Premiums and Financial Aspects In order to be able to offer you credit facilities, we are registered under the Consumer Credit Act and our Licence Number is 535428. You may be able to spread your payments through insurers’ instalment schemes or a credit scheme that we have arranged with a third party finance provider. We will give you full information about your payment options when we discuss your insurance in detail. Please note that this is a Finance Agreement between yourself as the policyholder and Premium Credit, and is separate to the Insurance Policy. As this is in effect a loan for the initial premium, this agreement MUST NOT be cancelled until this has been fully repaid to the Finance Company, even if your Insurance Policy has been cancelled. If any direct debit or other payment due in respect of the credit agreement you enter into with Premium Credit Limited (PCL) to pay insurance premiums is not met when presented for payment, or if you end the credit agreement with PCL, or if you do not enter into a credit agreement with PCL we will be informed of such events by PCL. If you do not make other arrangements with us to pay the insurance premiums you acknowledge and agree that we may, at any time after being so informed, instruct on your behalf the relevant insurer to cancel the insurance (or, if this occurs shortly after the start or renewal of the insurance, to notify the insurer that the policy has not been taken up) and to collect any refund of premiums which may be made by the insurer and if any money is owed to PCL under your credit agreement pay it to PCL or if PCL have debited us with the amount outstanding use it to offset our costs. The balance will be debited from the debit/credit card last used by yourself. You will be responsible for paying any time on risk charge and putting in place any alternative insurance and/or payment arrangements you need. If during the course of the policy any additional premiums or refunds of premium are due, then these will be automatically applied to the remaining balance on the Premium Credit account. For the purposes of introducing customers to premium finance facilities we deal exclusively with Premium Credit Limited. Disclosure It is important you ensure that all information, statements or answers made by you to us on the telephone, proposal forms, claim forms and other documents are full and accurate and must be correct. If a form is completed on your behalf, you should check that the answers shown to any questions are true and accurate before signing the document. You are reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain an Insurance Certificate. You are advised to keep copies of any correspondence you send to us or direct to your insurer. Please do consult us if you are in doubt on any aspect. Awareness of Policy Terms When a policy is issued, you are strongly advised to read it carefully as it is that document, the schedule, any certificate of insurance and the policy wording, which is the basis of the insurance contract you have purchased. If you are in any doubt over any of the policy terms or conditions, please seek our advice promptly. Claims If you are involved in an accident or have occasion to claim on your policy for any other reason, you must notify us immediately and we will promptly advise you and, if appropriate, issue you with a claim form and pass details to your Insurer. You should not admit liability or agree to any course of action, other than emergency measures to minimise your loss, until you have agreement from your insurer. You must continue to make your monthly payments for your insurance, if applicable. We reserve the right to withhold payment in respect of claims, if payment of any premiums to ourselves is in default. Automatic Renewals For your protection, we reserve the right to automatically renew your policy up to 5 days prior to the renewal date and take payment by the same payment method as this year. If we exercise this right we will write to you prior to renewal date, advising you how much the premium will be and giving you time to contact us and advise us if you wish to opt out of the automatic renewal process. We also reserve the right to automatically renew any additional policies that you take out with this policy, such as breakdown assistance cover. Complaints It is our intention to provide you with a high level of customer service at all times. However, if, at any time you are dissatisfied with the service we provide, we have a formal complaints procedure, a copy of which is available upon request. Alternatively, in the first instance please call one of our Clerks or write to us. We expect that they will be able to resolve the issue for you, but if you remain dissatisfied we will advise you of how to take the matter further. If we cannot settle your complaint, you may be able to refer it to the Financial Ombudsman Service. We will advise you if you are able to refer any complaint to the Financial Ombudsman. Financial Services Compensation Scheme (FSCS) We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Holders of policies issued by IOMA will not be protected by the United Kingdom Financial Services Compensation Scheme if IOMA should become unable to meet its liabilities. Further information about compensation scheme arrangements is available from the FSCS. Confidentiality All personal information about our customers is treated as Private and Confidential. We will only disclose the information we have about private individuals in the normal course of arranging and administering their insurance including debt recovery and also between ourselves and our sister company, Herts Insurance Consultants, in order to combat fraud and aid debt recovery. We will not disclose any information to any other parties without their written consent unless required by law or public interest. We may use the information we hold about our customers to provide them with information about other products and services which we feel may be appropriate to them. Under the Data Protection Act 1988, private customers have a right to see the personal information about them that we hold in our records. If you wish to exercise this right, or have any other related queries, you should write to Mr P Twite at the address enclosed. Claims and Underwriting Exchange Register and Motor Insurance Anti-Fraud Register Insurers pass information to the Claims and Underwriting Exchange Register operated by Database Services Ltd and the Motor Insurance Anti-Fraud Register compiled by the Association of British Insurers. The aim is to check information provided and to prevent fraudulent claims. Motor insurance details are also added to the Motor insurance database operated by the Motor Insurers’, Information Centre (MIIC), which has been formed to help identify uninsured drivers and may be searched by the Police to help confirm who is insured to drive. In the event of an accident, this database may be used by Insurers, MIIC and the Motor Insurance Bureau to identify relevant policy information. Other insurance related databases may also be added in the future. Identity and Credit Searches We, and the Companies we place business with, may make searches about you at credit reference agencies who will supply us with information, including the Electoral Register and credit information. The agencies will record details of the search whether or not your application proceeds. The searches will not be seen or used by lenders to assess your ability to obtain credit. We may use scoring methods to assess this application and to verify your identity. Credit searches and other information which is provided to us and/ or the credit reference agencies, about you and those with whom you are linked financially, may be used by Adrian Flux Insurance and other companies if you, or other members of your household, apply for other facilities including insurance applications and claims. This information may also be used for debt tracing and the prevention of money laundering as well as the management of your account. Alternatively, we may ask you to provide physical forms of identification. Note - Your acceptance of these Terms of Business does not affect your normal legal rights. English Law This insurance is written in English and all communications about it will be in English. Unless we have agreed otherwise with you, this contract is governed by English law.
  18. Hi, has anyone had any successes in challenging expired vouchers (only by a couple of weeks) using unfair terms legislation. I guess one problem is that the voucher holder is not the purchaser, although I guess it can be assumed that the purchase would not have expected the voucher to become a gift to the company. To what extent does the holder have a contract (if at all) with the company. I guess there afew fairly weak arguments e.g. some companies will replace expired and some won't, this company doesn't state. The print is too small to easily read. Complete forfeit is too drastic a response to delayed usage and in no way reflects the costs a company might incur. If I thought I had enough of a case to avoid being asked to pay costs in the small claims court I'd do just because it would cost them a lot more to turn up than it would cost me. What do you guys think? Cheers Jim
  19. Read the small print: Credit card user sets his own limit – then sues bank for closing account Dmitry Argarkov, 42, scanned the agreement into his computer, changed the terms of the contract and returned it to the lender... and they failed to notice Always read the small print. It’s a rule most of know and most of us ignore – and one often thrown back at borrowers by banks facing complaints about their terms and conditions. Dmitry Argarkov, a Russian who was sent an unsolicited letter offering him a credit card, has turned the tables, however, and struck a blow for bank customers everywhere. Instead of simply ignoring the offer of credit, Mr Argarkov, 42, scanned the agreement into his computer, changed the terms of the contract and returned it to the lender, Tinkoff Credit Systems. According to the Russia Today news channel, his version of the agreement was rather more favourable than that he received from the bank. It had an unlimited line of credit, no fees and a 0 per cent interest rate. He also added a provision stating that the customer “is not obliged to pay any fees and charges imposed by bank tariffs”, and an extra clause to the contract should the bank seek to break or change the agreement. Crucially, when the document was returned to the Russian credit card provider, it failed to follow its own instructions and did not check the small print. Tinkoff Credit Systems sent him his credit card, which came with a credit limit large enough for Mr Argarkov to purchase a small island. “The bank confirmed its agreement to the client’s terms and sent him a credit card and a copy of the approved application form,” Mr Argarkov’s lawyer, Dmitry Mikhalevich, told the Russian newspaper Kommersant. “The opened credit line was unlimited. He could afford to buy an island somewhere in Malaysia, and the bank would have to pay for it by law.” Mr Agarkov, from the western city of Voronezh, also changed an internet address included in the document relating to the bank’s website, where the terms and conditions of the contract could be viewed. After two years of use, the bank attempted to terminate Mr Agarkov’s credit card in 2010 because he was late paying the minimum required amounts. It tried to sue Mr Argakov for 45,000 rubles (£880), which was made up of the remaining balance of the account, along with fees and late-payment charges that were not in his altered version of the contract. Earlier this week, a Russian court backed Mr Argarkov and ordered him to pay only the outstanding balance of 19,000 rubles (£371). “They [the bank] signed the documents without looking. They said what usually their borrowers say in court: ‘We have not read it’,” said the judge. Not content with winning his day in court, Mr Argarkov is now taking matters further and trying to sue Tinkoff Credit Systems for 24 million rubles (£470,000) over its failure to honour the contract he created. For its part, the bank is counter-suing Mr Argakov for alleged fraud. Oleg Tinkov, the founder of Tinkoff Credit Systems, tweeted: “Our lawyers think he is going to get not 24 million rubles but four years in prison for fraud. Now it’s a matter of principle. We don’t have small print, everything is clear and transparent. Try to open a card – then we’ll talk. Stealing is a sin. Not all in Russia think so.” The court is set to review Mr Argakov’s case next month. http://www.independent.co.uk/news/world/europe/read-the-small-print-credit-card-user-sets-his-own-limit--then-sues-bank-for-closing-account-8753602.html
  20. Hi just wondering if anyone can offer me any advice on what to do about unfair conditions been forced on me by employer? I have been working for approx. 18 months, as a manager for a company that has its HQ in the Midlands, when I joined the company I took on a national role for which the company paid my accommodation and meal expenses via a Business account they hold with a National chain of Hotels. Approx. 12 months ago the company offered me a promotion for which I would be required to work at their head office 2-3 days a week and continue to pay my accommodation costs and expenses, when working at HQ and visiting the companies other UK sites. I live approx. 120 miles away from HQ office. It was also agreed that I could work from home 1 - 2 days a week when not visiting other sites. There has been a recent change in management and I now have a new Boss who called me in last week to say that the company would not allow me to work from home anymore so I have to be at the HQ office when not visiting other sites and they will not pay my Accommodation / Expenses when working at HQ. My new boss also suggested that I permanently relocate my family to live near HQ (which is not possible) I have an e-mail from my previous manager who has now left the company outlining that the company would agree to pay all my business accommodation costs (and a copy of this agreement is on my HR file). I cannot afford to pay accommodation and expenses of this proportion, do I have a case to issue a grievance against the company? Any advice on what to do next will be gratefully received? Regards Zohan
  21. Hi just wondering if anyone can offer me any advice on what to do about unfair conditions been forced on me by employer? I have been working for approx. 18 months, as a manager for a company that has its HQ in the Midlands, when I joined the company I took on a national role for which the company paid my accommodation and meal expenses via a Business account they hold with a National chain of Hotels. Approx. 12 months ago the company offered me a promotion for which I would be required to work at their head office 2-3 days a week and continue to pay my accommodation costs and expenses, when working at HQ and visiting the companies other UK sites. I live approx. 120 miles away from HQ office. It was also agreed that I could work from home 1 - 2 days a week when not visiting other sites. There has been a recent change in management and I now have a new Boss who called me in last week to say that the company would not allow me to work from home anymore so I have to be at the HQ office when not visiting other sites and they will not pay my Accommodation / Expenses when working at HQ. My new boss also suggested that I permanently relocate my family to live near HQ (which is not possible) I have an e-mail from my previous manager who has now left the company outlining that the company would agree to pay all my business accommodation costs (and a copy of this agreement is on my HR file). I cannot afford to pay accommodation and expenses of this proportion, do I have a case to issue a grievance against the company? Any advice on what to do next will be gratefully received? Regards Zohan
  22. I'm new to this can anyone help me, my Personnel advisor at the job centre has labelled me a "Rainbow Client" what does this mean?
  23. have an ongoing battle with lloyds tsb via robinson way , lloyds have admitted that there is no cca for the credit card account but today robinson way letter arives saying our client has advised us due to the terms and conditions that you agreed to when you opened this account you remain fully liable for the amount outstanding , we now require your proposal for repayments . any help here please
  24. Hi If a term in an employment contract states a certain % of your annual earnings will be contributed for pension purposes, then fair enough. But what if then a further term states YOU WILL pay this % whether or not you opt in or out of the pension scheme. In essence paying the employer of % of your wage to receive nothing back. I understand employment law stipulates that if a term is written into your contract then it is not illegal but how far does that stretch exactly? Surely it was never intended for employers to get away with such terms? Any advice be appreciated James
  25. Hello, Well I really dislike Paypal, awful customer service, random money holds, closing accounts for no reason, confiscating money for 180 days, and I could go on. They seem above the law, but this really annoys me, I am essentially being told I have no right to ever leave pay-pal, So I will forever be bound to their agreements, however they are changed. They have sent me their updated terms, which basically add even more powers to Paypal, including sharing information with everyone on the planet. so it says if you do not agree with these terms, close your account.. So I go to do this, and I am told due to my limitation (which was for no valid reason, but that is another story) I cannot close my account until I have fully restored my account access... but paypal make it clear they will never restore my account. This can't be legal? Surely consumers should always have the right to close an account, and to refuse to accept new terms. there are also no ebay sales or any transactions that could be reversed or pose any risk in that sense. This must be illegal and abuse of a loophole on so many levels? ... instead of closing an account they put it into indefinate limited access. what can be done? To add insult to injury, they won't even let me ask on the official forum, since they have limited the account. Talk about suppressing peoples freedom. Really hope these cowboys are held to account, So annoyed with what they get away with, CAG should not use them to accept donations on principle of what they do to people (look it up online literally millions have been conned) there should also be a webwallet section. Thanks https://cms.paypal.com/uk/cgi-bin/?&cmd=_render-content&content_ID=ua/upcoming_policies_full
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