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  1. Hi, Just after some advice and opinion. My better half's holiday year runs out at the end of March 19 and her employer operates a "use it or lose it" policy. She has asked for some time off, and they have said that they cannot facilitate her absence due to low staff levels along with others being on leave. They have also informed her that as she cannot use it, she will ultimately lose it. Is this correct and will she have no option but to lose out on leave entitlement, even though its the employer preventing her from using the holiday entitlement? Most years she loses between between 5-10 days leave, 1. due to her not being a huge holiday taker and 2. due to the fact that whenever she wants time off, its rarely approved or she is given less days than requested. I would just like to know where she stands, as I feel she always draws the short straw and I feel that they are not being entirely fair in denying the leave, also they could be doing it in order to make it lapse. Many thanks to all who offer comments. Regards, W4ter_Boy
  2. Today I received in which looks like usual fob off letter from barclaycard rejecting my initial claim for unfair charges totalling over £240. All my charges were for £20 and a one-off charge of £40. In their letter they state that their charges of £12 are in line with their actual and estimated costs etc and are printed on back of statements each month. What next - do I reply mentioning the above statement and what I have been charged ? Thanks for any help
  3. Need for annual credit card statements as started by Credit Card Association = 1. Question even if a person is in arrears or making small repayments to a credit card does the Credit Card Company still have to supply Annual Statements? 2. Is it obligatory for them to do so? 3. If they have failed to do so if obligatory what can be the consequences of failure say non issued for a few years?
  4. Vanquis default on file making low payments for a few years now, never received An Annual Statement of Account from them? should under the rule they should have sent one annually?
  5. Good day all, I'm in a bit of a panic here. I have a £4500 season ticket with SWT. I managed to lose it about 1 month into the ticket and was interviewed by revenue protection and subsequently given a replacement. Last night as I got up to let a lady off I folded the tray back with my season ticket in there and forgot to take it down again before getting off leaving my ticket on the train. Realising my mistake I tried to call the guard and SWT 30 mins after. However there were no numbers I could get through to. I spoke to the guard this morning and he advised that I wouldn't be given a duplicate and I would have to buy a new season ticket as I'd already had one replacement. My current season ticket had until June to run, so about £1500 worth of travel. I've got a new daughter being born soon and I can't afford the travel to get to work. Surely SWT can't refuse to let me travel? I've paid for the service not the ticket right? Is there anyone who can offer me any advice on how to go about coming to a resolution which doesn't end up putting me into debt or losing my job! Any advice greatly appreciated!!! thank you T
  6. Hi All, Just looking through my mortgage statements with Mortgage agency Number five and every year since i took it out (2007) there is an annual amount of £40.00 taken as an insurance fee! Would this be PPI? what else could it be? thanks
  7. I have drawn a complete blank! It's been so long since I've had to use this part of my brain and I'm not having much luck 1 of our employees who works part time (4 days per week) is going on Mat leave, her last day is 31st March Our annual leave runs from 1 Jan - 31 Dec She wants to know how much holiday she would be entitled to before she goes off Has anyone got a calculator or website I can use please? Thanks
  8. Is a DCA legally obliged to provide annual statements of the debt or is this discretionary? If legally obliged, what is the position if it fails to provide an annual statement (for the last four years). Thank you
  9. What is the legislation/rule on issuing Annual Statements? and consequences of failure to issue??
  10. Hi Malc, What is the cheapest tariff at EON, please? I find it so confusing... currently paying 13.25p per kWh plus 24.78 per day standing charge... My bills for a 2 bed bungalow are huge at £1,500 per year, despite having oil central heating. I am on means tested benefit and struggling. TB
  11. Hi all, My Accountant just recently started working with me but he's off on hols now, I'm really concerned here. I have worked via a LTd company the last two calendar years, and on the understanding that 1) Dividends are payable on all income received from the company, and ; 2) You should keep aside 23% of everything you intend to pay yourself aside until the end of the fiscal year. So as per 2), I just paid myself 77% every few months of whatever money was left in the account. Then, in February this year, thinking that the end of the first accounting period was coming up, I zeroed down the company account , ie paid myself whatever was left. Luckily, I beat that date, but since spent that money. I did some more trading later this year, and I've now got enough left in the company account to pay 10% on everything I've drawn out since I formed the company (probably closer to 20%, but the Acct is checking). Thankfully the Acct managed to get the submission dates moved to early Feb 2016. BUT...here's my big worry...basically I didn't know dividends had to have counterfoils raised, and they need to be paid before the end of the first period. I thought I'd just have to pay the dividend whenever the tax was requested after my SA...to top it all off, just before he went on holiday he talked briefly about 'avoiding fraud' !!! He had told me to request my UTR's (for both myself and my ltd), which I'm doing now, I've got my personal UTR, hopefully the LTD UTR will too get here before January, but he's off till then. Right now I'm imagining all sorts, jail time at worst, IR35 + never being a Director again at best, I've googled around, and can't find relevant info, can someone please give me a non-optimistic idea of how hard they're going to come down on me? Thanks, JB
  12. A clse relative works in the UK for a UK arm of a multinational. I know that, for fear of litigation, many companies will not provide any reference other than confirming the person worked for them from XX/XX/XX to YY/YY/YY, in such-and-such a position. This company is really risk averse. does exactly that. What has happened now, is that in the annual performance reviews, the person being reviewed is expected to approach their peers - via an online tool - for a peer appraisal, which is then recorded and used as part of his review. Question 1) What is the personal risk to someone providing a peer review and including words that could be (mis) construed as critical orf the employee? Question 2) Given his employer's attitude to not giving any references that go further than confirming employment, how does this sit with his employer expecting employees to potentially place themselves in the firing line by providing what are, essentially, references? Thanks
  13. I recently realised that Equifinance had failed to send me any statements for a loan I took out at the end of 2013. I have just written and made a complaint about the failure to produce them as CCA 77A 1(a)(b)and request that the interest charged during the failure is removed from the account as it shouldn't be charged as CCA 77A 6(b). Equifinance have acknowledged my complaint and are investigating.
  14. Interesting reading for London Councils last report. The Lead Adjudicator’s 2015 Annual Report is available here http://www.popla.org.uk/
  15. I have a question about the annual assessment for working families tax credits. I had a claim running last year that I cancelled in October as my earnings went above the threshold. I now have a form for annual assessment 2014/2015 and they are asking for my income for the full tax year. What I want to know is why they need to know the full year? As far as Im concerned I ended my claim in October and my finances from that point onwards is none of their damn business. I get really sick of these government agencies prying into my finances & thought that when I ended my claim I would finally be free of these people.
  16. Hi There, I recently accepted a role for a large travel company working abroad (in Turkey). Staff are put on temporary short-term contracts with wages to a UK bank account. My main concern is the contract and the right to annual leave. As far as I am aware, UK employment law still applies as it is a temporary contract based overseas. In the contract, it says employees work 6 days a week and all employees must take half a days annual leave each week. As a result, all employees essentially work 5 and a half days a week. My question was whether or not this was legal, and if so, why don't all companies do this if they don't fancy paying staff annual leave? It all seems a bit underhand and I am wondering if it is worth challenging either before or after I finish work with the company. I am also concerned about the contract including an opt-out for the 48 hour a week, considering the wage is a few hundred short of £1000 a month. However, accommodation is included. With this in mind, I assume minimum wage obligations are being met by the company? I work it out as £3.50 an hour (exc. free accommodation). Here is a selection of text that I am concerned about. Any advice is much appreciated. No Overtime "Your salary will be paid by equal monthly instalments in arrears less any deductions required by law or agreed between you and the Company. No overtime payments will be made for additional hours worked." Training Costs "You are obliged to pay a fixed amount of £300 or consent to allowing the Company to offset this amount against your final salary, as a contribution towards trainings costs incurred if: "The Company dismisses you for poor performance or unacceptable behaviour within your first assignment period. Should your final salary not cover the full amount of the training costs incurred by the Company, the Company will endeavour to recover the outstanding amount from you." Taking Annual Leave You will generally be required to take 1⁄2 day annual leave per week during your period of employment. Prior to booking any additional annual leave, you should discuss and agree the dates with your Manager. If you do not use your holiday entitlement in the relevant holiday year, the entitlement will be forfeited except in exceptional circumstances where the Company agrees in advance to the carrying over of holiday. Payment in lieu of any annual leave will only be made when you leave the Company. (For the avoidance of doubt, you will not be entitled to any payment in lieu of the entitlement in any other circumstances). Any thoughts or legal opinions shall be much appreciated. AnonLurker
  17. Hi, are there any stats on how many ET and EAT claims that the Tribunal service deal with on a yearly basis. Obviously the numbers dropped once fees were introduced - but it would be interesting to see what the volume of claims settled down at since that time. Regards, SL
  18. I bought a Student Gym Membership from the university I attend for £165. Since I've joined I have been there twice and decided it's not for me. Also the workload at university is increasing, I'm in there everyday and work a part time job so finding time to go to the gym is a struggle. When I signed up I had some spare time but the workload has increased. The payment went through on 3/10/2014 22 days ago. The iffy bit is that in there contract under the refunds/cancellation section it reads, "Refunds of membership fees and early cancellation of memberships will only be permitted in exceptional circumstances and at the sole discretion of . " Am I able to get some sort of refund? I paid with Debit card and received receipts from them. Thanks for any advice on the situation.
  19. Something a little bit different for the train experts this time - at least not a fare evasion, at any rate. I have an annual Gold Card season ticket that allows me to travel from a station about 80 miles from London into London terminals every day. It costs about four and half grand - and runs from spring 2014 to 2015. Changes in my personal circumstances mean I am unlikely to need this card soon. Though I can "cash it in", the rail company only count the first ten months of validity to work out a pro-rata refund. However, I am permitted apparently to change the "origin" station - where my train journey begins - for free, and the difference in fare is refunded on a 12 month pro rata basis. Still with me? I have established that changing the validity of my gold card for a station much closer to London saves me more money than if I was to ask for a simple refund. There's nothing in the National Rail conditions of carriage or train company's T&Cs that stop me from doing this, so far as I can tell. So my question is: am I overlooking something? Thanks for any insights!
  20. I worked for the Halifax then Lloyds Bank for over 6 years. To clarify, I work in IT earning an average wage, I am not a banker crying about a 7 figure bonus or anything out of the ordinary... In 2013 my performance was such that I was awarded an annual bonus, part of it paid in March and the remainder in May 2014. Knowing that they (the bank) lack morals of any sort I specifically called HR and checked that I was still due my bonus, all I was told was that if I handed my notice in before the bonus was paid I would forfeit the award.. .. I also checked the HR bonus T's&C's which said the same thing - hand your notice in before it is paid and you don't qualify, nothing else was listed. I left the bank in June when offered another job. Now in July, on my final payslip they have reclaimed the bonus, when speaking to them they say - even though it wasn't published anywhere - that the policy is you had to be employed at the bank on June 30th to qualify for the bonus, and they say I now owe them this money. What can I do, do they have a case? Any help appreciated, I can't sleep with this hanging over me
  21. The lead adjudicators report makes for interesting reading. The figures show that appeals to POPLA are a very small percentage of ' tickets ' issued. http://www.popla.org.uk/AnnualReport.htm
  22. You know when you are on your annual leave, booked a few months in advance and you have made arrangements to go somewhere, you know, book a coach trip for a day out and all that. Then a week before you are due your annual leave work puts a notice up stating there is compulsary training to be attended for one day while on AL, do you have to attend. I was on AL last week, and a week before I went off a notice for CT was put up. Well me and the mother had made arrangements to visit family in Wales all the week, so I wrote a note for the manager stating I would not be able to attend, as prior arrangements had been made. When I got back to work, she was not very happy, now I have noticed on a notice for new training for a few weeks time, it states "all must attend, even when on annual leave". This has never been stated on notices before. I thought my annual leave was my own to do with as I want, I will gladly go on training any other time of the year. But we always go somewhere when I am on AL, we NEVER stay in town, we either visit family or book trips/ short breaks to go on, and do not see why I must forsake these trips just 2 attend a 2 hour training course in my AL week. Are they allowed to do this, even when things are arranged months/weeks before any notices go up. So, say I book my AL and book an actual holiday, months in advance, all paid up for etc. Then months down the line, work decides to put a notice up for CT for the week I am on AL and on this supposed holiday. Would I have to cancel my holiday, who will pay for the loss of deposit/ full payments etc and all that?
  23. Dear Caggers, I have worked for NHS as a community nurse for nearly 30 years now. Last financial year (April 2013 to end of march 2014) I had two major operations. The first operation was in may 2013 and I took 4 weeks paid sick leave. Then I had a second more complex one in October which landed me in a coma for 10 days. I had 3 months sick leave. I went back to work on 20th January 2014. I was put on a phased return for 6 weeks ( which incidentally was pretty much full time work) . My Case load was very busy and no one at work mentioned to me I ought to use up my annual leave before the end of the year. Then around beginning of march I was asked to go and take up post in a different team that was short of staff to help out for a short period of time ( one year). I agreed to go and started in the new team on 7/4/14. On my part I assumed because of my special circumstances I would not have any problem carrying it over. Recently I have had my annual leave balance from last year checked. I was told from my yearly entitlement of 33 days I had only taken 13 days which leaves 20 days annual leave to carry over to this year. Well my new manager is not happy and is quoting Trust policy that if any one goes on long term sick (21 days and over)then the amount they can carry forward in the next year is based on a 28 day 'statutory' entitlement. However if they were able to take their full 33 days within that period of a year it would be fine. My case is, I argue, exactly that after returning from my sick leave in Jan 2014 I was put on 6 weeks phased return. After that I was then asked to go and help out urgently in a different team who was short of staff. As stated above I picked the new team on 7/4/14. I argue that no management person or occupational health ever informed me of this supposedly recent change and no one encouraged me to use up my leave upon me returning to work in January. On the contrary there was an urgency for me getting into a new team to help out. There was also very little time left for me to exhaust all of my 33 days annual leave from last year. I feel I am being penalised for being unwell. has any one experience any such problems? can anyone provide useful advice?
  24. Hi All, I left work with a popular health service organisation back in July 2013. Over the course of the last week I've received letters stating that I was overpaid for annual leave in July, and the organisation are demanding £410, repayable immediately. They have enclosed an invoice and very crude excel breakdown of the financial aspect of this, although it isn't well presented and is difficult to understand what the calculations mean. I'm thinking that, as this overpayment supposedly arose due to annual leave being overtaken, I should first of all request a detailed breakdown of what they have on file for my annual leave entitlement/taken to make sure that there hasn't been an admin error (although I don't have a personal record of annual leave taken and therfore have nothing to check it against other than my own memory) Assuming that their calculations are correct and I do owe the money, what position am I in legally? I left the organisation over 8 months ago, so for them to demand instant repayment having not mentioned this in the months since I left seems unreasonable -and unrealistic considering I'm currently looking for employment. any advice or guidance would be greatly appreciated with this thanks
  25. I had a call from HMRC last week regarding a review of my repayments of TC overpayment (I have been repaying for 12 months) - my circumstances mean that I cannot increase payments at the moment (I have not been asked for details of income etc) so they are to stay at the same rate for the next 12 months when they will review them again. Today I got a letter saying that if I did not respond within 7 days they will cancel my arrangement so I called again to check that they were aware of the agreement to leave my payments as they are - the lady I spoke to said it was fine & the letter must have crossed with my call last week. I have checked my repayment agreement & it clearly states the amount of my monthly payment, the date it will start & the date that the final payment is due - it doesn't state anywhere that I will be subject to an annual income & expenditure review (I agreed to repay over 10 years so that I didn't have to go through I & E). My understanding was that if I make all payments as agreed then there will be no further action so why are they now saying that they informed me there would be an I & E review every year? Are the TCO trying to 'scare' me into increasing my payments? If I am ever in a position to repay more quickly then I will - is this just a case of 1 office not knowing what the other is doing? (the repayment letter last year & demand to contact them this year have come from different places).
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