In February and March last year, due to a problem with my daughter's phone, a massive amount of data was sent from it, over the course of a few days, resulting in a large bill. Because I did not feel it was fair that I was liable for this, for various reasons, I complained through vodafone's internal complaints procedure, and then took the case to the Ombudsman. The Ombudsman made a decision in vodafone's favour, and therefore vodafone sent me a letter on the 31/1/14, which I received on the 6/2/14, giving me the amount outstanding and the details of how to pay, and requesting payment within 14 days. On that same day, I had requested a copy of my credit file from Equifax, and I noted that, whilst I had been going through the complaints procedure, vodafone had updated my status in May, June and July 2013 as that my payments were in arrears (rather than there was a query on my account). I therefore wrote a letter back to vodafone stating that I was quite happy to pay the amount, now that the Ombudsman had decided that I am liable, but that I would like the Credit Reference Agency records to be updated to show that, as at May June and July last year, my account was under query, and my payments were not merely late. As I had not received any response, I telephoned Vodafone on the 14th to speak to someone about this, and was told by the lady I spoke to that they would change the status with the CRAs, as soon as my account was cleared. I asked to make that payment, of £1200. However, she advised that the account had been passed to DRS, a debt collection agency, and so I would be unable to pay. She gave me the tel no. for DRS. I telephoned the collection agency, DRS, and they told me that they had not yet received notice of the account, and to call back the next day. I called again the next day and they still had no record. I therefore rang Vodafone again, and they advised that it was not passed to DRS, it had been passed to a different agency (Fredricksons). When I asked when, she said it was before the 13 Feb, i.e. prior to the 14 days being up. I contacted Fredricksons that day and they told me that they had not received my details yet and to wait for a letter. I received the letter today, contacted them, paid the £1200 - they have added another £100 admin costs but I feel it is very unfair I should pay this - and they have confirmed that a default will have been placed on my file. They were actually very helpful. I submitted a complaints form via the vodafone website on Tuesday, and received an email back assuring me I would be contacted within 48 hours. Nothing since. I emailed back yesterday to chase this up. Nothing. I phoned vodafone again this morning, and the lady I spoke to again confirmed that I will automatically have had a default placed on my credit file when it got passed to Fredricksons. She said I can have this removed once Fredericksons confirm I have paid, however I am not sure she even had the authority to make that decision, as she was just the first contact in the call centre. The only reason I did not pay last year was because I was pursuing my complaint through the internal complaints procedure, and then pursuing a case through the Ombudsman. Once the OSC had made a decision in vodafone's favour, and I had received the up to date bill, I was happy to pay. I am absolutely devastated. Myself and my husband have just saved enough to buy a house - now I am unlikely to be able to get a mortgage, because of something I was quite happy to pay, but was not given the opportunity to? What can I do? Vodafone won't even respond to my complaint, and I am not convinced of what the lady in the call centre told me. This will have a massive impact on the next few years of my life, so I am prepared to take this as far as I can, just not sure where to start? Any advice appreciated.

Both my husband and I had old Associates card's which were later taken over by CitiFinancial in April 2003. Both accounts have Unfair charges applied to them throughout the duration of the accounts and both accounts are over 6 years old. FOS have accepted there is no case to answer to due to the time limit but I have decided to take them to court for them having had success with our PPI claim with them at the end of last year. I have gone through the website with fine tooth comb to locate an upto date version of PoC suitable for the purpose but cannot find one. Would someone kindly point me in the direction please? Appreciate your help

Hi I am wondering if I can take on Co-op using BCOBs for some charges they hit me with. I have wrote to them asking for the money back but I did not really quote any legislation, it was more a plea asking for help due to me struggling with finances. Co-op refused as from my experience bank employees are trained to have no compassion and to solely focus on profits. I bet they have not even read my letter properly and have just sent me a standard rejection letter. There are 6x £15 =£90. Here are what the charges are for... In December I was not paid enough to cover all my Standing orders. I have quite a few of varying amounts. Co-op could have refused to pay the highest one and therefore only inflict 1xcharge on me but instead they refused the 4 smallest ones so they could charge me 4 times. I think this is unfair and they are profiteering on my poor financial situation. I also tried to cancel two direct debits later in the month. But because the co-op banking system is archaic (I remember more advanced systems in the 90's!) then the direct debit cancelation was not processed in time by them and so bounced and they charged me twice again. This is £90 total in charges. I was going to just have my wages paid into my other account with another bank and tell them to get lost, but a friend sent me some money to pay for something for her. She sent it to co-op by mistake instead of my other account so £90 got swallowed up. I asked them to send it back to her as it is not my money but of course they were not interested and just blamed me for everything. I know I probably cant use the money not being mine as a reason but I just wanted to give some background on why I need to do this rather than just abandon the account like I had planned to. Reading through info on BCOBS I think I have a good case especially where Co-op decided to reject 4 standing orders instead of one so they can charge more. Opinions/advise welcome please? Thankyou

Yesterday at the station I purchased a ticket from the ticket office. After purchasing it I went to the platform and I noticed a revenue protection officer had followed me from the office to the station. He asked to see my ticket so I showed it to him. It turned out I had been given the wrong ticket. I didn't notice when I purchased it cost about the same and I was in a rush to catch my train having already been delayed on my way to the station. I asked if I could change it on the train or the other end as this was the only train that would get me to my destination on time. I then asked for the ticket back in the hope that I could exchange it at the office for a replacement ticket, this was also refused. I then explained that I was in a hurry and attempted to go back to the office to purchase an entirely new ticket. I was stopped from doing so as he wanted to speak to me first. He then went into a lengthy speech about travelling without paying for a ticket, during which I was repeatedly told to 'shut up' whenever I tried to talk and explain the situation to him. During his speech I watched my train leave the platform. Once he was done I asked for the ticket back so that I could get a refund as there was no longer any need for me to make a journey. This was also refused. I was then issued a penalty fare for travelling without a ticket. I hadn't even board a train and never got further than the platform. I had a ticket, albeit the wrong one, so I had permission to be inside the station. Surely they can't issue a penalty fare for this? I gave my details to the officer, but I didn't receive anything back regarding my penalty fare. All I was told was that I would be hearing from them in the post. I asked him for more information after this but he told me to leave the station and that I was banned from the premises for the day. I asked to speak to the station manager at this point but all I received was a threat that he would report me for assault if I didn't leave the station promptly. I hadn't even made any sort of contact with him. As he was backed up by another member of staff who just stood there nodding I left the station.

Hi, Hope you can help clarify a few things lol okay to set the situation started a job in july 2013. Working as a machine operative. in a team of 3 (our department etc) All is well,being trained etc. Flip to the end of october,the company loses there biggest order for the machine i work on. not good for anyone obviously, then they start sending me out to another department constantly,it was rare i was in the department i started in in the end, i worked 4 on and 4 off. They sent me packing for 12 hours at a time. 8 i could handle but 12 was just sending me stir crazy,i know its work etc, i understand this. You had options i mean, id had a conversation with the supervisor of our department and basically if i didnt want to go packing i could just go home. This obviously isnt my first choice due to money! I worked in the other department for a while etc, one monday i come in, just cheesed off basically so i take the choice to go home, at 6 in the morning though none of our management are in,so i tell my senior im off as there is noone else to tell! see you in the morning. Come in the next day and get a final written warning. For walking offsite, in some respects i understand this,so i cant sit there and argue it,i should of gone about it a different way. So yep i continue coming in being sent out to the other department. Flip to the end of january i am hacked off. so apply for a job in the warehouse. Seems good. continental hours and different management. The job im employed to do is all i will do and nothing else. My wife had to change her hours when i was working 4 on 4 off, so i explained before i took this other role, shed have to adjust her hours,so the first three weeks, it was awkward but they knew this. (Long story here i know!) Flip to the weekend before the 4th week, my son and i are violently ill after my daughter having it in the week, so monday due to go in, sunday night my mrs gets it, we have three kids! so monday morning comes around i call in,i have no other options. Go in tuesday though and apologize it never happens when we are ill we work through but i couldnt leave her at home with the kids like she was. Anyway get sent into an office with hr and my manager. They sit there basically say im not flexible enough, for instance they explained in the warehouse we are a team of 3 so everyone needs to be in. I understand this. Then they ask what happens if another colleague is off ill and they call me in the morning would i be able to just drop everything. I say no, my wife might be working, i cant guarntee i can just drop everything and come in,so they send me out for 5 minutes then sack me. My question here is did they have a valid reason,surely we work to live and not the opposite? How can they fire you for not being flexible enough? Id had the final written i know but how they can use the flexibility issue as a reason to sack me? Long winded story i know just curious if anyone had this before

I opened an account in sept 2009 and everything going fine until they started hitting me with charges and finally closing the account in march 2011. My question is that I have just found the welcome pack sent from them, and noticed in there term and conditions sent with the pack that it says they will charge me if i go in a unauthorized overdraft or dd/cheques are returned but there is no mention of what they will charge. I thought that they will have to tell you their charges and if this correct can i reclaim my charges back due to them not informing me of the exact amount. Many thanks for looking and take care all of you.

Hi all, This is quite an old issue, which I am able to address now. Approximately in 2002-2004 I opened a student account with Natwest Bank. Due to family issues and student debts, this account became essentially dormant not long after it was opened. This shouldn't necessarily be a problem, however there was an outstanding overdraft on the account. I have retained this overdraft following bouts of employment where i've been able to repay some of it, often setting up monthly direct debits of £40-50 - turning an overdraft of around £1600 to a now £800. Having examined some recent statements, I have realised that I have been charged numerous charges, often one justifying another. For example (fictitious figures at the moment, but close to originals from memory): £1500 overdraft receives £40 interest charges This pushes the account over the agreed overdraft for further charge of £15-25 Due to the account having activity (as if I were using it myself), it counts their own penalties as me using the account overdraft, for a fixed fee of £6. This downward spiral has been significantly muted now i've been able to pay off around 50% of the total cost, however I am curious as to if I will be able to reclaim the £6 account 'use' fee, despite me never actually drawing that money it - it was their own account interest that caused it to be 'active'. For information, I have informed their collection dept numerous times that I do not use this account so I should not be charged them, and once paid off in full, I wish the account closing. By my estimations, I believe (if the £6 is illegal/unfair) that the outstanding balance would be nearly paid off in full (approx. 10yrs of £6 per month, + interest). I feel that as a student I have been unfairly preyed upon, and even now, after nearly 7yrs after graduating, I am *still* trying to pay off this debt. Please could anyone advise as to anything I have mentioned, and if it is common/possible? Thanks for your assistance. (I understand that I will need an itemised statement dating back to account creation, which I will ask for if there is something to reclaim)

I have owned a flat for three years and always paid service charges etc on time with no problems. Recently i received a letter stating I was being taken to court for upaid ground rent dating back three years. I had not received any letters about this and had thought ground rent was part of service charges. I was annoyed but decided to pay as it was my mistake and was willing to pay charges (despite not having received a single letter. This was before the solicitors email (complete with scanned letter I didn't receive). My debts are £100. They want £2779.52 in total and are threatening repossession. is there anything I can do?

Greetings to everyone! I have read some very helpful threads on this forum on constructive unfair dismissal (CUD) in preparation for my own case. I am keen to share my ongoing case so that, hopefully I can get help and support from you guys, and at the same time, other people might find my experiences with ET useful. Some basic info first: I had been employed FT in a uni in Scotland as a lecturer for over 7 years. I had to resign from my job in Feb 2013, essentially due to bullying by my Head of School aggravating my stress/depression, and the failure of the snr management to deal with my allegations of his bullying and refusal to adjust my contract despite medical evidence. I filed a CUD case on 22/5/13, and currently a case management discussion (CMD) is scheduled for 22/8 - only one day away now! Fashioning after one of the previous cases found on this forum, I have prepared an "Issues for the court" doc as follows: -- 1) Did the Respondent breach the implied term of “trust and confidence” in: a) Failing to consider my health conditions when dealing with my request for 50% contract change, both in May/June 2011 and August/September 2012? b) Failing to make reasonable adjustments to my contract given my medical conditions? c) Failing to follow internal procedures when dealing with my allegations of bullying by my manager? d) Failing to follow internal procedures when conducting a disciplinary investigation against me? And if it did: 2) Was the claimant constructively unfairly dismissed as defined by the Employment Rights Act 1996 section 95 (1) c? -- Of course, the above only provides a glimpse. I will try to provide more details later when I get time. But in the meantime, I would appreciate any opinion whether the "Issues" above appear more or less at the right level of details. b) might appear to be repeating a) but it does highlight a different aspect ("make reasonable adjustments"), or am I reading too much into it? Any comment is appreciated - thanks in advance! AG

Evening CAS Any advice from you all would be helpful. Thank you in advance. I will keep this short. My previous employers are in breach of my employment contract and I will shortly be writing to them to advise them of this. I suspect they already know but think I won't do anything about it. (They are an extremely small business - and I did have a contract of employment but they asks me to leave or "call it a day" as they put it, no formal grievance just my face didn't fit anymore). Although my contract says 3 months notice must be given either way. They haven't paid me (or given me a letter of termination/or put me through any grievance process/or submitted my P45) hence me writing to them. What would be my position re references when I try to apply for another position? I'm sure my new employer will want a previous references, and through them thinking they are a law onto themselves, would try and make my future career prospects as difficult as possible. If they gave me a bad reference do I have any grounds to do anything about it? I was only there for 5 months and would prefer my new employer not to write to them at all but not sure I have much control over this. I appreciate any comments...

I have a question, I took payday loans in 2011! paid them all back, it was just a tricky time. However I am trying to get a mortgage have had many hurdles but now face this one, I have never been told this when I took these loans, or I wouldn't have taken them !! But building societys, banks etc will NOT approve a mortgage application if you have a pay day loan. Surely that when you take these loans they should advise you strongly of this implication!! I stand to loose a purchase on a house which I am very upset about. can anyone help. can I complain to anyone or take this further. I have been to the PDL company with this complaint and they say that they don't have to look at anything and they have a legal obligation to record these with CRAs (which I understand) however surely they must be made to tell people, " like the slogan your home is not at risk if you do not keep up repayments. any suggestions.

Hi, I'm new to this forum after stumbling across it on Google and i'm interested in hearing if i have a 'leg to stand on' regarding a grievance i have submitted to our in house HR team. Basically i was referred for an internal job by a manager within our company who encouraged me to send my CV to our recruitment team for a very specific role. At the start i was contacted almost immediately by the recruitment manager who said my CV and skill matched with a job they have had open since the start of July. After a formal screening period i was successful in gaining a interview with the manager of the department on a Thursday (this is important) at 10am. The interview took place over the phone and i had been given an agenda (prior) of one hour consisting of competency based questions and technical questions. This was fine with as im a manager of a department and have conducted tens of interviews and been on training so i know what to and not to ask and also more imporatntly how to answer questions properly and to score well. The interview started and before any questions of any real importance was asked the manager invited me to ask him questions about the role... I straight away asked why the role had been open for some time and about the growth of the department and he told me there was 2 positions available but one had been taken on the Monday previous.... now this was strange as they havnt seen all the candidates before deciding, but anyway i carried on as i felt confident in getting the remaining role. 30 mins into my interview and i hadn't been asked a single technical question on the job or a competency based question... the interviewer was from France and had issues getting his english words across to me at points and asked me questions such as "out of 10 how good are you in excel" "why did you decide to travel after school for 2 years"... things of no real relevance and nature to the job i was applying for. As this was on the phone i had a notepad and was writing down the questions of what he was asking me as this wasn't going to how i thought an interview should do. After that initial 30 mins the interviewer asked if he could be excused for 5 mins... i thought this was a toilet break, however he re-entered the room with another person who introduced himself, said he was only free for a couple of minutes and asked me "what is the proudest moment in your career" before listening, saying thankyou and leaving. The original interviewer came back into the office and said "we have 20 mins available what do you want to talk about" i was absolutely shocked at this and after asking him details about the role and how things worked (to try and present myself across as a worthy candidate because i thought it was some weird test) the interview ended after 52 mins. More interestingly we have a hierarchy chart at work where you can see all the managers and there directs and 2 days after the interview i got nosey and decided to check out the manager and his team and low and behold he had already got 1 new person in that team (knowing he had interviews booked until the end of the week) and more more importantly, the person who got the job is from a company who was recently purchased by our company. Now ive spoken to some people and it seems the manager already had an idea of who he wanted to recruit but to make it "official and legal" he had to open the post up to the internal public...but it seems successful applicants already knew before all other other interviews were done. To be honest that could be nay say BUT one person has the role. Im concerned i was asked; No technical questions No competency questions No questions of any kind regarding the role Lack of communication through language barrier Half way through some random person arriving and asking a question before leaving When the decision came back as a no, i asked for feedback to why and the recruitment agent said it came with the notes: "not enough technical experience" "we are ideally looking some someone with 5 years as a business analyst" - well i have 8 year experience and was not asked a single technical question even after my prompts. I have requested to see the interview questions and notes and cross reference them with mine as i have no idea how he could have eliminated me from the role. I have also spoken to another interviewee whose interview was conducted by a different person and was set with questions of a technical and competency kind and seemed very professional. I feel i was declined based on who i got to interview me, they didn't do it properly and it was a shambles. Any opinion would be great or if i do have that leg to stand on Regards

Unfair,dismissal,need,help,appeale been dismissed from work and need help with what to do for an appeal. The reason for dismissal is my capability to fulfil contract in a safe environment due to I'll health .by safe environment they mean my condition being controlled ( unfortunately no medication to help with my condition) To give some background I was I have been diagnosed with an condition with causes me to have a seizure at least once a day. Non epileptic attack disorder. With reasonable adjustment I went back to work and worked with my condition for 8 months. I have worked there in total 3 years. I had a seizure on my way to work one day and was told I wasn't allowed to return to work due health and safety as they felt it was too much of a risk for me and people around they told me I would have to go on the sick. I refused though as I wasn't sick it was just my condition which I believe I should be able to work with. I have proved I can work with my condition to high standards but I'm just not allowed in building to do so. No adjustment I came up with was classed as reasonable. I feel this is very unfair. I don't believe they can take disciplinary action for the reasons they presented and even worse be dismissed for them. I really don't know where to start with my appeal there is so many things I would like to say but know I should keep to specifics and keep it structured . HELP I need your guidance. Thanks

Brighthouse stopped their "optional" insurance from 2nd September and started to sell their goods and insurances as part of one package. I guess they did this as many people were claiming back the money they had paid for the insurances Consumer Protection from Unfair Trading Regulations says that unfair commercial practices are prohibited. Brighthouse were previously saying the insurances were now optional but have since taken the optional away and are forcing customers to pay for the insurances whether they want them or not. This I believe is just another unfair commercial practice used by Brighthouse. Another unfair practice is that Brighthouse do not provide a value for the product and a value for the insurances, making it impossible for the average customer to make an informed decision in their purchase. (again, against CPUTR) I only know one customer of Brighthouse, she is a single mum who desperately needed chairs / couch. She managed to claim back the insurances from Brighthouse. There is very little money left to pay on her couch and she is looking to get something new for christmas but Brighthouse staff wouldnt sell to her unless she bought everything including the insurances. She is still probably going to buy from Brighthouse Wondering if anyone is going to attempt to claim money from Brighthouse from new agreements taken out after 2nd September? eg - if you have taken out a new agreement after 2nd September, maybe you could think about claiming your refund of extra money paid and use CPUTR? Brighthouse say they offer a competitive priced product. So you could get a price comparison from the high street and using CPUTR you can hopefully claim the difference in price? Just a thought:?:

I bid for an item on an online auction and I am in dispute with regard to the auction house regarding the validity of the sale. I have made payment for various lots including the disputed lot involved as I was not in full possession of relevant information when payment had been made. This has been going on since July and I have gone down the Money claim online route to try and recover the money. The basis of my claim is that the lot was re-entered into the auction having previously been "sold" for a higher amount under the premise that there had been a phantom bid and that there was a commissioned bid in place for £9K. I enter a bid of £9K and my bid was accepted as the winning bid. I was sent a proforma the next day asking for payment which I then arranged. I had tried to get information from the auction house regarding the lot and did not have my calls returned until the next day after payment had been requested. When talking to the auction house it became clear that things were not true regarding the information they had portrayed. The conversation with the auction house revealed the commissioned bid was not as stated and that is why I won the item. This conversation was recorded and can be used in evidence. I have also been told that all bidders were subject to security checks by the site provider so phantom bids were not possible. My mistake has been to make payment albeit before I was fully aware of facts. I am now trying to claim back the money and am at the directions questionairre part of the fast track process. I am working as a litigant in person and would appreciate any help with regard to possible case law I can use. The defendant is saying that I signed up to the terms and conditions of the auction which fall outside the misselling acts. However the auction house obviuosly were aware that they had made an error and before they realised I had made payment offered to show the lot to the underbidders if I was not happy.

Hi all, I'm new to this forum, just wondered if anyone could give me a little hand please. Yesterday I went into Halifax to go onto my partners mortgage, they turned me down saying there was a default on my account I new nothing about. After coming home and going on experian there was nothing on there to be seen, puzzled!! I phoned experian up and after being on hold for 15mins they finally said they have found a default on my file. HSBC current account--- (basic account no cheque book etc, just a bank card to use at ATMs) I then rang up hsbc to see what this default was for, as iv received no information of this default. So last year in dec 2012, I went to cash my cheques at hsbc bank, they refused these cheques point blank saying they won't cash them because it said roofing on the end of my name, (this baring in mind has never ever been an issue with hsbc before as I had the same account for over 10years) so I said ok can I open a business account with yourselfs, so the lady took me to her office did all the details, to then turn round and tell me no I couldn't have one.. So I had these cheques which I couldn't cash which I had been waiting months for anyway. Didn't no what to do. Went across to natwest and straight away opened me a business bank account, would be up and running in two weeks. Why hsbc couldn't just do that amazes me! Anyway everything was then moved to my new account, bar one d/d that must have been missed. They tried to take it out and d/d must of bounced as company of the d/d gave me call alerting of this payment. This d/d was then removed to new account. Next thing I no I had a company phone me saying I owe hsbc £970, wow shock. I asked for the statements of these and what it's for and still to this day don't no what they are for. Anyway I phoned the company up and paid off the 970. So that was that. So I gather this 970 was charges on a d/d that wasn't paid anyway... They have but a default on my credit file, which I think is totally unfair. It says it's settled but I need it completely off, iv never had anything like this before so I'm pretty upset about the whole matter as now I'm struggling to get on a mortgage iv worked so hard for. Any advice on getting this removed? Thanks for taking time to read. Looking forward to your replays Thank you

Hi, brandnew to the forum so first post - My partner took out a loan for £4k going back to 2006 and struggled to make the loan repayments and was then pushed into taking an additional £4k by an ex partner!! now i know the debt has to be repaid but the repayment plan that Capquest have set up means it will take her just shy of 40 years to pay back !! the interest has gone out of control and the debt now stands at 12k ! she repayed the loan for over a year at around 150 pounds per month - this does not add up to me and seems unfair that the amount owed is now 12k. is their a way that the interest can be frozen and the debt repaid at an amount that is fair ?(actually pays the debt and not just the interest) any help would be much appreciated

So your told to take your break at the end. And you have had various discussions with management about that because you’ve been feeling light headed and dizzy before the end of the duty. It also states in the contract that breaks must not be taken at the end under any attendance a 30 minute break is due and it must not be taken at the end ...(health and safety)(company policy)... .Although the duty itself is not normally scheduled at over 6 hours and does not total 6 hours (legal point where you are required a break in uk) it is still company policy however that break should not be taken at the end . But the manager has said break will be taken at end no matter what. He has no real regard for company policy’s and demands break at end so that there is no need for him to wait back any longer.(crafty) According to ACAS It's extremely important that workers take breaks. Studies have shown that heavy workloads and stress can make workers less productive, increase the risk of mistakes, and affect health. and should have their break at some point during the middle of there shift rather than adding the break to the end or beginning of work. I can safely say u was stressed and feeling less productive and my health was being effected. You are sent to do a job without the proper training to efficiently do the job and there had also been additional work for you to do before you leave which is not normally your job which means you have got out of the office later than expected. Although you are expected to inform managers if you will be working overtime there this would not be possible as you have not done the duty before and had no idea how long it will take so it would be an impossible argument to make with a manager (usually if you go into overtime its not a problem there is a flexibility agreements that states that is ok ). Because you have never done the job before it takes you longer and it is basically common knowledge that it will take you longer on the day.This is something the manager was not prepared to consider before or after the duty.Negligence? So you are doing your job in the knowledge “break must be taken at the end” which you already know is against the contract but you don’t want to annoy your manager to much about it and just deal with feeling dizzy .mainly because you done get a lunch break and it’s a very physicall exhausting job. But you have now gone into overtime which has always going to be the case under the circumstances and it is soon approaching the 6 hour mark which it your legal right to have a break. You have returned to the office with the job incomplete and there is a procedure in place that as long as you indicate to a manager that the job is not been completed then it is then down to them to deal with the problem. Although they later argue I should of informed them “earlier” .But that was impossible to know as i did not know. Now you decide that because the law states at 6 hours into a duty you will take your break among other reasons for having to return to the office “which must be taken at the end of your duty” therefore if you had came back with the job incomplete and they asked you to go back out with it to complete the job.Which would run well beyond 6 hours. remember break is at end so no time to stop. There are no instructions or training with regards to what to do if u hit the 6 hour mark. May i also point out that the legality of the break working 6 hours is that u must not take your break at the end also. so not sure how that will come into it.I was therefore already suffering from the symptoms of not having a break. You would be working past your legal right to a break at 6 hours of work so you refuse and go home break at the end of duty remember.… And since you have informed then you have followed procedures. Basically there is no “break” your just paid for the break at the end that u do not actually get. Its not like your actually on a break if you know what I mean. You have basically exercised your legal rights to a break and have acted on health and safety grounds. You come in the next day and are suspended, conducted and then dismissed. Not only that they also refuse to pay you the overtime you done.(which includes “break at end”) Is this this automatic unfair dismissal for attempting to enforce their legal right to a break and dismissed for acting on a health and safety issue with there only argument that I should of informed them at a random time of “earlier” so they could of done something about it. As soon as you know you will be later (which is impossible to judge on a job u have never done the job before) all jobs vary in size and length . Would u just accept your sacked with a gross misconduct and have this on your CV for a job that u worked for over 10 years in. Ps the manager has continued to say the break must be taken at the end during the dismissal when I pointed that out to them -contradicting company policy’s. But ignorant to there own policys. Ps people doing new duty’s that returned with jobs incomplete did not receive any conduct .As they did not know how long it would take them to complete the job and they was only prepared to work contracted time. And not do overtime. Is this disrimination? Would you bother putting in for unfair dismissal under these circumstances? Thank you

Hi All, I was just wondering if anyone had any experience of making a claim for unfair treatment under the FSA Conduct of Business Sourcebook - COBS. I think that I have a valid claim against Halifax but I was just wondering if there were any POC's around. I did start to write my POC using BCOBS until I realised that only applied to bank accounts & that any claim for a credit card needed to be made using COBS. I know that I have to make the claim for breach of contract under COBS laying out the reasons why I have been treated unfairly. I intend to make reference to The Unfair Terms in Consumer Contracts Regulations 1999 s.5 as well as possibly Consumer Credit Act s.140A. The unfair treatment includes increasing the card rate to almost 30% immediately after being informed that my fixed term contract had ended & that I was at that point unemployed, offering to freeze interest in writing & then refusing, offering again to freeze interest & then taking no action, refusing to accept that I have a dispute over charges, ignoring letters even those sent special delivery to named directors, issuing defective default notices, constant & provable harassment by phone from Halifax & it's DCA's despite being informed that the account is in dispute. I feel that they have manipulated my situation to make themselves extra cash knowing that being unemployed that I would be unable to repay the complete balance. They have treated me unfairly because they chosen a route which favours their own interests over mine & have failed to abide by the Lending code on the fair treatment of customers in financial difficulty. Breaching COBS rules 6 & 8 at least. The part I have a problem with is what I should request the court to rule. Rather than a monetary sum I have been led to believe that it would be best to ask the court to simply rule on the breach of COBS & possibly that I have a claim for unfairness under Unfair Terms in Consumer Contracts Regulations 1999 s.5 as well as possibly Consumer Credit Act s.140A. I was just wondering if anyone had any idea how to word this section of the POC correctly & also since it's not a monetary claim what the cost is likely to be. Any input would be most appreciated as I want to get this filed & stick it to them as soon as possible, at least then they might begin to take the dispute a little more seriously than they currently are. Thanks in advance.

Hey , I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim. So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for? What can i do Carl

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

Hi, I have disabilities not that it really matters in this case, but my son purchased a child ticket of £2.10 instead of adult £4.20 due to insufficient funds, he needed to get home to me quickly. The Collections Officer asked his name, age at first he did say he was younger, but panicked and said No I am sorry I am 18 but didn't have enough money for a adult ticket and need to get home to my mum. He was then asked his name and address and cautioned. By this time my son was in a real state and asked what it meant, the guy just chanted the caution again and said sign for your name and address and gave him slip of paper. All this before he even set foot on the train!. He was stopped at the barrier! Is this fair should you get taken to court before even being told you have to pay a penalty fine.

hi, my girlfriend was sacked today only after she got a contract of employment yesterday! (she has worked there for 9 months), the reason the company stated is that "shes not right for the company" which is rubbish because she excelled in her job and was told many times by her directors, however it appears that a manger took a disliking to her because she reported that a fellow worker was under the influence of alcohol in a company that operates fork-lift trucks, heavy press and cutting machinery and 40ft trucks in and out all day, when after a few days she reported it to this manager she ask if anything had been done about it or she would go to a director to report the problem, the manager did not like what she said and made up a story saying that she's not right for the company,,,,,, ive got more info on the subject but was wondering that if she was unfairly dismissed? any info please

I am analysing my employment contract and there is a section in it that raises an eyebrow. The contract is for a simple employee on a modest salary (i.e. not a director). The employer is a small business. Specifically, is point 13.1(b) legal? Below is section 13.1 13 TERMINATION 13.1 This Agreement and the Employee's employment with the Company hereunder may be terminated immediately by the Company without prior notice if the Employee at any time: (a) has a bankruptcy order made against her or if she makes any arrangement or composition with his creditors or has an interim order made against him pursuant to Section 252 of the Insolvency Act 1986; or (b) becomes of unsound mind or is or becomes a patient for the purpose of any stature relating to mental health; or © is or becomes prohibited by law from being a director. Is it just me, or does the above sound a bit unfair for a simple employee? Please let me know your views xx

In may 2009 I bought a car with a Hire Purchase finances from Blackhorse. The car immediately developed terminal problems to the engine and I rejected the car on the on the basis of ‘breach of contract under the supply of good (implied terms) act 1973’. In February 2010 I started court proceeding against Blackhorse and the dealer that sold me the car. In November 2010 I obtained judgement in my favor against the dealer and he had to pay all my costs and losses. Blackhorse retained the car. To date Blackhorse still record a default against my agreement because I stopped making payments! This has clearly caused mayhem in my life and I need to act fast to rectify this situation. What your advice would be? Regards