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Found 545 results

  1. I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem. They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract! 2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung. By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on. Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!! I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
  2. Hi all, I've been directed here from reddit. Reading a few threads i think i have my answer but want to make sure i am ok to cancel my DirectDebit So 2yrs ago i signed up to a local gym (Choices health club - Derby)i was told it was a special offer at £20 a month due to a grant of some sort. Today i emailed them stating i would like to cancel with immediate effect as i've not been in over a year, to which they respond to say its a 36 month contract and i have 1 year left!? However i was not told this was a minimum term of 36 months! However after reviewing the T&Cs it does state its a 36 months term. I think 36 months i a very unfair term as anything can change in that period. Can i cancel my direct debit worry free or do i need to go about this another way? Thanks for your help
  3. Good afternoon CAG, I have been working at my local nursery for 3 years. I started off as an apprentice and then qualified at level 3. Upon qualifying, I have worked for more than a year on their payroll, I am not and have never worked for an agency - I work with them directly. But the persistant problem is, they have never offered me a contract. It is also unfair that newly qualified practitioners got their contracts last month, and I have yet to see mine. Now they keep cutting my hours (cut more this morning) and they have held interviews for my position. I have no disciplinary records, I do my job correctly and I also finish any written work at home. What are my rights? Can they just dismiss me? Thanks
  4. Good evening all! A self employed, hard working friend who is a decent man, employing locally and is just a generally good bloke has made a schoolboy error in trusting without the legalities. He is a commercial painter and decorator who has to take on huge contracts and suffer the cash flow problems associated therein! In December, a 'manager' told him to proceed with extra work but it was not backed up in writing and there were no witnesses. The company are now refusing to pay him for the extras which could force him and his family into insolvency. Is there anything (apart from learning a massive lesson), that we can do to help this guy please? Thank you JT
  5. I signed up to David Llyods after speaking to a sales advisor on the phone who told me the contract was 3 months long and after then I could cancel anytime with a 1 months notice. The next day I rushed into the gym for a class I signed up to, signed the contract he prepared for me which was handed to me by the receptionist. After about 5 months I called to cancel my contract and was told I am in a 12 month contract, I argued this and said I was told on the phone it was 3 months and then I could cancel with 1 months notice at anytime. Clearly I didn't read the contract they gave me properly as I was in a rush but I was 100% missold on the phone, when I asked for evidence of this they told me they don't record their phone calls. Now I didn't have enough money to pay for any more months so I emailed them in writing, explained how I was missold and cancelled my direct debit. They replied saying they would compromise because of my situation and let me cancel with 2 months notice. So basically they acknowledged how I was missold but still didn't honour the one months notice that was supposed to be in the contract. I told them by email I can't afford to pay for 2 months which was true so I won't be accepting. Now they have passed my debt to Arc Europe Ltd who have called me everyday for the last month, multiple times per day on multiple numbers so I am now worried to answer my phone to any unknown numbers. I replied to one of their texts and spoke to their web team and told them my story, how I was missold by David Llyods and that I have already spoke to them and told them why I can't pay. I then told them to stop harrasing me and left the chat. They have not slowed down their efforts since at all and now I am being sent letters threatening legal action in court. Could someone please help me get out of this as it has made me furious that they are so dishonest and that a company like David Llyods would use scare tactics and a well known to be aggressive debt collector such as Arc Europe Ltd.
  6. I buy and sell used spin bikes, I was approached by a customer who I had sold spin bikes to previously, they were expanding their spin classes and wanted to know if I had a particular brand of bike, I didn't have that brand at the time so I told the customer that I would be getting more in within 2-3 weeks for £150 each. I called a few of the companies who supply me but they never had any I searched eBay. I found a seller who had an auction ending that day for 10 bikes of the brand the customer wanted all in good working order, bidding was started at 99p, there was no reserve and no bids but there was a 'Buy it Now' option of £1000. (10 bikes of this brand sell for £1500) I contacted the customer back to tell them I had 10 coming and they agreed to buy them all for £1500 On the day of the auction I bid £1000 with 5 mins to go, I ended up winning the auction with a bid of £280, less than an hour after the auction had ended the seller messaged me to say "sorry I thought I had cancelled the auction, the bikes were damaged and disposed of" He then cancelled the auction, there was nothing I could do but report him to eBay and leave the relevant feedback. I called a few other companies that supply used spin bikes but nobody had any of the bikes the customer wanted, unfortunately, I had to inform the customer that I could no longer supply the bikes so they went elsewhere. Weeks later I was contacted by an eBay user who had seen my feedback, they said they were interested in the bikes but forgot to bid, a day after the auction they contacted the seller to say if the buyer doesn't complete they would be interested in purchasing for £850, I was saddened to hear that the seller messaged them back the same day to say the bikes were still available, they even went to view the bikes at the sellers gym that he owns. I've seen all of the messages between the seller and the eBay user so the seller can't deny that he made a false statement to me and then tried to sell at a higher price. What I would like to know is can I sue the seller for breach of contract and seek damages for expectation loss/loss of bargain, £1500 less my winning bid and collection cost etc? If I can sue him for breach of contract, do I sue him as an individual or sue his company as he was using a private eBay sellers account at the time to list the bikes? Thanks in advance
  7. nhs contracts? Hi all, i am now working in the nhs as part of the theatre department and in doing so signed the usual contract agreeing to working on calls, late shifts and weekends etc, the problem is that some staff are not taking part in this arrangement because of various reasons ( my cats scared of the dark or little johnny wets the bed) sanctioned by the managers and therefore the remaining staff are having to work extra shifts to compensate. My question is, are we all being treated equally and do we have any basis for taking action against the management. Any help would be great. Cheers.
  8. bit long winded this one, sorry folks. I had been working for an outsourced company in a well known bank. Whilst in training I received strange emails from the trainer. This was following from a conversation in training were I asked a question. He explained (in answer to my question) it was in relation to couples who had a joint account and subsequently split. He said “say you and I were in a relationship”. Three days later I’ve seen he’s gone into my email and sent himself an email from my account/computer “that joint account we were talking about, do you fancy it? Can we get back together” (paraphrased, I have a copy) One of my colleagues saw this email and told me to take a copy to “protect yourself, that's really bizzare”. I replied to him saying “he’ll nah” thinking nip that right now! he’s then ran into the class in front of everyone and said “not up for it no” then left the class. From that moment on every single word that came out of my mouth he seemed to take offence to. Everything. Even just hello. The end result being I chose to just sit in silence in the corner, segregate myself from everyone else, keep myself to myself and not speak to anyone. I did speak to the manager about it and she told me “I get on with him so..” and that was that. Once he told off a member of staff for coming in hung over. Fair enough. However, the next day he’s come in hungover himself and stated “I’m hungover I can’t be (expletive) training you today”. On another occasion I had a difficult call and he grabbed a team leader, they then proceeded to stand watching, laughing at me. On another occasion during “coaching” he took my entire group out for a smoke I “wasn’t allowed until she asks me herself”. i stated "I'm not engaging in that power game, sorry" I was then left sat alone completely ostracised whilst they all went out for a smoke. It later came to me that during this he’d called me a “bitch” I then spoke to his manager who agreed I had a legitimate complaint “but she’s off today so” and that was the end of that. We’ve then gone onto the floor and continued training. We were told we would receive multiple one 2 one coaching. This happened once. When these coaching sessions had been booked onto our schedules we’d be left sitting around doing nothing for hours. the manager told us “the training we said were giving You’re not getting it , I don’t have time”. On the one occasion I did receive coaching I had a call fail for following incorrect procedure. I explained I remembered the call and put my hand up and did what the trainer told me to do. I still failed. This happened multiple times with different members of staff.The end result was hoards of new staff(and old seemingly) on the phones not knowing what their doing (and saying it). I witnessed several regulatory breaches at all levels of staff.. I am PTSD (undeclared, following on from being stalked for two years by a colleague, sexually assaulted and suicide attempts..) and found this exacerbated symptoms. I didn’t declare PTSD to the employer however i did state to trainers the lack of appropriate training was causing severe anxiety attacks. Nothing changed. During my time on the floor training it was agreed that mine would be extended for another week. I was entirely happy with this and expressed the fact that I was going to ask anyway. A few days later I’m told oh no that’s not happening now your going live Monday. I had zero input in this. Decisions are being made around my development with zero input from myself. I stated to them outright "I don’t know what I’m doing!!!" So I’m making my way to work Monday 24th December and had a panic attack in the street. I’ve not had panic attacks for 6 months. I just went home and txt the recruitment number “it’s not for me”. This was a clear resignation with immediate effect. Training group; Bullying was rife amongst this group. One in particular would talk about everyone when they were not around in a derogatory manner. According to this individual several members of staff are “sociopaths”. She would mock me to my face around my degree “shut up about it”. I suspect jealously because we did the same degree and I did better. This individual would relentlessly pick on someone in the group (who had an obvious mental disability of some sort, autism or something I wasn't rally sure). He’d speak in class and this individual would mutter “shut up” he’d sit next to us and she would intentionally and deliberately move away from him then stand around giving dirty looks. He picked up on it because he came and spoke to me he told me it was “making me sad”. I could give many many many many more examples of this persons behaviour. Another individual, the self confessed personality disordered individual(bpd). She started spreading rumours about me and a trainer. I was "into him" apparently, I wasn't. Rumours that were entirely baseless, again. She can deny deny deny but her “friend” told me And I heard her talking about it with my own ears. When I would sit next to the group she would intentionally move away and I’d hear her talking about me. On another occasion this individual was making £5 bets on “who would cry first” this is so nasty I have no words. One of the trainers said to a colleague “I come in here and play with my phones then I go home and play with my girlfriend..” hes 55 shes 19...bleughhhhhhhhh Another time this trainer was ‘helping’ me I got something correct myself and said ‘was I right,yeah?’ He said ‘had to happen sometime didn’t it..”. Bullying. This particular trainer got "barred" from being around trainees because of multiple complaints around his behaviour. Wages; During the 24/12/18 and 7/1/19 I received no communication whatsoever from the employer. I have then emailed on the 7th jan asking for confirmation of what my final wage will be. The response was; “Hi x, Your final pay will be 28th Jan due to your leave date. You will received payment on Monday 14th with any hours worked up till 6th Jan then on 28th you will received any remaining hours due and leaver Annual leave. Thanks x Executive – Compensation and Benefits” I have then received a payslip which just states states “zero”. no deductions nada, just blank. I’ve queried this stating, as per your own timescales I left on the 24th and therefore should receive 1 week outstanding wages and outstanding holiday pay on the 14th jan NOT the 28th as per your own email. At this point someone should have joined the dots that something had gone wrong, they didn’t. They then proceeded to IGNORE subsequent emails and failed to respond or amend my pay. I have then received emails a supposed HR senior: “Hi x, I requested the details from our team and they confirmed an AWOL letter – request to contact was sent to your address and email as attached both on 27th December. As they failed to hear from you it proceeded then to a disciplinary on 7th January again the invite dated 3rd January 2019 was sent to the address we have on file. This meeting went ahead in your absence and was held by x and x. An outcome letter was then sent to you via post which I am happy to hear an appeal should you wish to send through. Can you send me this evidence of your resignation so I can review ( I sent this twice one week prior fyi)? If not, can you confirm who you sent this to and to whom did you resign on the 24th? This resignation had not been cascaded to the team and thus your leave date being 7th Jan via dismissal due to AWOL. If you have evidence of sending your resignation then I can deal with the appropriate person as this has clearly caused a number of issues none more so than your final payment date being pushed back to the 28th January. Regarding names, that’s fine although this can limit our investigations which will be carried out by the training manager when on site in x next week. In regards to your pay & any outstanding monies owed by the company: Ø You will be paid firstly for hours worked from 23rd Dec – 6th Jan on 14th January 2019. Ø Your final pay will then be on the 28th Jan which as both x and x from our Payroll Dept. has advised will include any outstanding hours and unused AL." None of these communications were received by myself. I have then received a call from someone on the floor stating there has been a “GDPR breach”. In that all the wages are incorrect and members of staff have other people’s personal information contained in their own payslips. I was also told they were “wiping the system clean and in putting everyone’s data again. No one from x informed me of a data breach. I have then received copies of the email/letters x claim to have sent me. The email has gone to an address that isn’t mine. The letter has gone to a postcode that isn’t mine. The letters contained within are marked “private and confidential” and contain private personal HR information. This is causing distress. in that I have not left my home for days, I'm trying to secure accounts, I cant eat, I have not slept, days later I have not received a single response from the employer regarding the breach. I am losing my mind. I have been paid zero. Recently I noticed my mobile number has ben used to sign up for shortcode txts. i didn't do this. I DO NOT give my number out. ONLY for work. I believe the two are related. I pointed out this breach to x on the 11/1/19 they seemingly hadn't noticed, it is now 14/1/19 and I have received not one single response from them. I believe they have not noticed this breach, it was me! I have spoken with the ICO who tell me the breach (ive filled in the personal breach report form myself) hasn’t been reported (yet) I believe the 72 hour time limit is breached-the letter sent out was dated 27th December 18. So I have been unfairly dismissed based on data that wasn’t received and has breached my personal data! I also have not been paid a single penny today on my wages. Nothing. I am now unable to make rent and again exacerbates symptoms of PTSD. I also didn’t receive a copy of the contract, despite asking. what can I do here?
  9. I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??
  10. My girlfriend and I went along to a trial session at a local fitness centre we had been told about. After the session, we sat down in the café and received a free (freshly ground) coffee as we discussed joining permanently with the trainer. The conversation was brief, 5 mins max. It involved an iPad on which she showed us the booking app they use and details of the different memberships. We opted for the couples membership at £88.20 per month (endorphin levels were sky high so this sounded like a great deal at the time) plus we get some free gear and a club-branded item of clothing of our choice, each. The club was only a few weeks old at the time, and it seemed like the trainer who was signing us up didn't know exactly how to navigate the sign-up procedure, but we got there in the end. We handed over personal details and my girlfriend gave her bank details for the direct debit to be taken out each month. We immediately had to pay a pro-rata fee of £67.62 for the first month (September), oh and a joining fee of £50 (!?). A few weeks later and reality hit, we were never going to get our moneys worth from this club and had only been a handful of times in the first couple of months (lets just blame it on our 'busy' lifestyle) We paid again at the beginning October but then my girlfriend finally rang up to cancel. This is when she gets told that actually she can't cancel the membership as (duh) we signed up to a 6-month contract. Instead, they suggested that 'we had joined for a reason why don't we just pop down and give it another go'. My girlfriend expressed her surprise at the fact that we were committed to anything, to which they told her all of the details were in her contract. She went on to ask for a copy of this contract, that she had never seen before. They did email her a copy of a black and white contract, which was filled in with her details and with all of the terms and conditions. It included our joining date and commitment period end date. At the bottom, there is an Application Declaration section, with signature boxes which were (obviously) blank, because this was the first time either of us had seen this contract. Page 2, there was a physical activity readiness questionnaire (blank with empty signature box) Page 3 was a copy of her direct debit (blank with empty signature boxes) She informed the club that she was cancelling her direct debit as these contracts they had sent were quite clearly unsigned by herself, and that she was never informed and/or agreed to the long-term contract. They never acknowledged this email. Fast forward a couple of months and she receives an email from a debt collection agency after a payment of £610.26. She rang this agency and told them the whole story. They agreed to put everything on hold and contact the club. The next day, she receives an email from the agency stating that they had contacted the club and they had been advised by their client, that we set up our membership via a tablet they handed to us, that we had agreed to tick and had agreed the terms and conditions in order to proceed. And that they had no written confirmation of us wishing to cancel our membership (bull****) Therefore they look forward to our payment (of which late fees had been added) Their t&c's actually say they may charge a fee of no more than £15 for failed direct debit payments and any unpaid fees referred to a debt collection agency will be subject to a charge of no more than £30? But that's besides the point. We/my gf were never told about the commitment period, and never signed anything. They sent us a copy of a completely blank contract. We're only 24/25 and have no experience of anything like this, do we just ride it out? Could we be caught out somewhere along the line, even with them having no signature? We've watched hours of Can't pay we'll take it away, should we expect to see ourselves on Channel 5 next year? Thanks in advance for any help. P.S. We never received our t-shirts.
  11. I've noticed this sign displayed in a few petrol stations recently, and would be interested in other member's views. Although I appreciate the problem of no-pay drive-aways, I don't think this is a proper or lawful way to address it. The purported 'contract' is badly written in a google-translate legal style, and in parts makes no sense at all. I dislike the hectoring tone, and the use of a Police image to imply official endorsement. And I don't think that the display of this notice creates a contract with effect or enforceability anyway. Firstly because there is no acceptance. I do not believe they can foist a contractual duty upon customers by simply displaying a sign. I could put a sign in my car window say "any fuel I buy will be priced at 1p per litre, please do not supply fuel if you do not accept these terms", but no court would uphold it. Secondly, the alleged parties to the alleged contract are not clearly stated (at the bottom of the notice there is a bizarre, rambling phrase which amounts to nothing). Who exactly am I contracting with here? They appear to imply that this is a separate contract to the retail purchase of fuel, but the terms are wholly unclear. And following from above, if this is separate to my purchase of fuel then there is no consideration involved. The author of the poster appears to dimly perceive that problem, and purports that the customer receives value by being granted various options for payment (astonishing nonsense). The end purpose of this exercise is that if one day I forget my wallet, or my credit card won't work in the POS terminal, they want me to pay a penalty. This has happened to me twice in nearly 40yrs of driving, and on both occasions I have left my name and address and returned later to pay the cost of the drawn fuel 'over the counter'. I have no intention of accepting any other arrangement, and I would not accept this process being foisted upon me. So that's my opinion, would be interested in what others think?
  12. Bit of news Marston holdings have lost the contract. New companies who will be collecting the fines will be Equita Excel Jacobs & JBW group. Contract begins feb 2019.
  13. NOT SURE IF THIS IS THE CORRECT SECTION SO MODS.,PLEASE MOVE TO CORRECT SECTION IF NEEDED. A colleague at work paid a one off yearly fee of £183.48 to a company called 24/7 Home Rescue. This is for cover in the event of any breakdown on boiler, plumbing, drainage, electrical, Central Heating Systems, pest control etc. it is for anything to do with the home. The benefits include No charges for parts, No charges for labour, No call out fee, unlimited call outs, unlimited claims etc. Fast forward to 1 breakdown of a radiator being completely cold. A call was made to the company and an engineer was sent out, but not before a charge of £75.00 as a "Security Payment", according to the telephonist. The said fee was paid, and an engineer sent out to investigate. The fault was with a thermostat. The item was removed, and given to my work colleague. He was told that for it to be replaced, there would be a charge for the replacement part, even though the contract clearly states, NO CHARGES FOR PARTS. The colleague refused to pay for the part on the basis, his contract terms and the yearly fee paid. When he asked for the £75.00 "security payment" to be refunded, it was refused. I was asked if I can help out. My guess is that the company have broken their terms of the contract by charging a £75.00 "security payment" and then refusing to refund it, and also wanting a payment of £24.00 to replace the part. Surely the yearly premium of £183.48 covers what the terms of the contract states. Am I correct?. Also is this not a breach of the Misrepresentation Act 1967, by offering something then changing their mind/moving the goalposts to suit them?. Are there any other laws that apply that I have missed, and is there any governing body that can step in and intervene. Any help that I can give to the work colleague would be greatly appreciated.
  14. Hello folks, I tried taking out a mobile phone contract with EE in 2016. I was declined and, on contacting EE, was told there were three T-Mobile accounts in my name from 1999-2002 (approx) with an outstanding debt of around £450 in total. I finally got round to sending an SAR letter last month and received a reply today. EE have sent me a couple of pages of account notes but no mention of the outstanding amount(s). Firstly: based on this, I'm pretty certain that EE have sent me incomplete data - however, without knowing how their systems work, I don't know _what_ data they must hold on me, but at the very least, somewhere, there must be a total amount owed. Secondly: the notes say that I disputed that the accounts were mine (which I did), and EE decided that it wasn't fraud because the accounts were opened using my name, address and date of birth. I genuinely don't remember opening these accounts. How can EE be so certain that I opened these accounts simply by checking that my name, address and date of birth match? I just want these accounts removed from my record so I can, should I still want to, take out a new phone contract with EE. Is there anything I can do here, or do I just need to accept defeat and find a different mobile phone company? Thanks in advance Alex
  15. Hi everyone. I change my payment date for my car finance with money way... I was advised wrongly of the changed date and rang one date late to pay my finance which I was then told was terminated as I had defaulted more than once in 2 years.. I fought and fought as I rang in the date I was informed was the new date but got no where with the situation.. I’ve then had anglia uk over the phone and coming to my house to ask me to contact moneyway or to voluntarily surrender my car which I don’t want to do as I was told a court order would be needed as I’ve paid over a third and I want to fight my corner in court.. Will I made aware of the court date or will it just happen without me knowing for a return of goods order?? I keep getting passed from pillow to post with money way when I do ring and don’t really know where I stand with this situation and I’m stressed to death with it.. Thank you in advance for any advice
  16. Signed a solar panel maintenance Contract in home for 3K (deposit paid on CC), with no mention of 'cooling off' period. in Contract. So how how long do I have to cancel the Contract & recover my deposit (s75)?
  17. Hi guys Just need a little advice really, we were looking for s removals company, we had a quote and they said they could move us no matter what, even if doubled booked they have enough men/vans to cater for that it was to happen We accepted a quote including supply boxes etc, as with house sales dates move and change, they supplied boxes and we Packed and we eventually have a date. Then said they couldn't move us as they have another booking Then then have tried to bill us for boxes. Do.i have to pay, no contact was signed and the verbal contract was they can move us no matter what and it was the removals company who couldn't furfill the contract. Any help with this matter would be great
  18. https://www.consumeractiongroup.co.uk/forum/showthread.php?296513-296513&p=3317951#post3317951 I am just considering this and contemplating taking court action against unregulated property manger who took a secret commission
  19. Not sure if anyone can advise my dad has a small retail service business and was contacted by an agent to sell the business in 2014, he signed the attached contract in 2014, he only ever had one person interested via them but did not proceed with an offer. He has not signed anything since then, however he recently received a call from the agent asking if he was interested in selling his business, to which he replied I thought it was with you already, they then told him he is still in contract with them and quoted clause 12 - 14 and he needs to pay £950 plus VAT get out of contract fee if he wishes to terminate. They have now sent him the letter attached with another contract attached for him to sign. We believe he is no longer in contract with them, the twelve month period was from 2014 -2015 and the wish to terminate contract clauses 12-14 no longer applies to him as this is not a rolling contract. Any advice as to whether this company still has my dad in contract, my dad needs to hear it from someone else other than his family
  20. Hi, A friend has just called for some advice which unfortunately is well above my head. He has just accepted a new position in a company after stepping down from a Senior managerial role (for stress related and alleged bullying purposes) which is a downgrade but is the job he wants to do at this present time as he's not then directly working for the alleged bullying manager. He's looking for another job and has made no secret of this fact... His new line manager in the last few weeks has given him a new contract that states he now has to give 6 months notice if he wants to leave and for 12 months after that he cannot work for a list of companies deemed as competitors. As he works in a specialised industry, the company have specifically named any company where he could work and are in my opinion, restricting his trade if he was to leave.... Can they do this? He hasn't signed the new contract as he disagrees with it's contents.... Any help would be appreciated for him. Kind regards
  21. Hi everyone I would really appreciate some advice on how to handle the following: My father, who is severely physically disabled and vulnerable, recently got a debt collection letter from Lowell alleging a £400 debt to three for a smartphone contract that was taken out over the phone. My father is computer illiterate and never took out this contract. It was likely taken out by his ex partner and carer in 2015. I have written to three with a subject access request but all they have provided me with is copies of bills. They say they do not have any recordings of phone conversations from the time the contract was entered into. I need to know from them: - What steps were taken to establish the identity of the person taking out the contract and protect my father from fraud? - What bank account details are associated with this account or was the account opened without any bank account details? - What date was the account opened? - Who signed for the delivery of the device and where was the device delivered? They have not yet provided me with any information. How can I go about proving that this debt is not my fathers? Is the onus on Lowell to prove this debt is his if we go to court? Can they prove this debt with only bills as evidence? My dad is very vulnerable and on a fixed income with lots of additional costs as he is currently moving into supported housing and has very complex health needs. He can not afford to pay this bill which is not his. Advice very much appreciated. Thank you Em
  22. Hoping this is the correct forum so apologise if not. After a good two years being ill I managed to get a job starting last January at a local SEN school as a Teaching Assistant. Upon calling me with the news the Head told me not to get too excited as it was only until July. A few days after I started I was conversing with the HR Head about something else when I mentioned to her about this Fixed Term Contract. She told me that I was on a Permanent Contract so I assumed that the 6 months the Head was talking about was the 3 then 6 months probation. Got through 3 months fine but today I was called into a conversation with the Assistant Head and was told my contract was not being renewed because next years student numbers have dropped and the student that I was partially one to one with is no longer classed as one to one. For clarification I was helping many students as I was told that one to one is in name only and I was working in the class with all. However I mentioned to the Asst Head that I was a tad confused as HR had told me I was on a Permanent Contract. The Asst looked a tad confused themselves and said they would look into it and mentioned that if I was on a Fixed Contract they would not have done any probation which confused me again because it was this Assistant Head that received my Line Managers 3 month probation form so you would have expected it to have flagged up a possible contract error. A massive kick in the teeth is that I also received a staff email later on that says they are recruiting for Teaching Assistants for next year and yet I am told I am surplus to requirements because they don't need any more TA's despite at the meeting being told that all feedback on my efforts are positive and that my contract isn't being renewed purely down to numbers not being required?! If I am honest I have never got on with this particular Assistant Head. They belittle many people and are generally disliked by a larger proportion of the staff and from day one I could tell that she had a problem with me for whatever reason. So I wouldn't be surprised if they just want me out. However if they have had a breakdown in communication and whilst I was originally meant to be on a Fixed Term Contract but HR accidently put me on a Permanent One what are my rights here? I have gone through the contract with a fine toothcomb and I cannot fond anywhere where it says it's Fixed Term and whilst there is a commencement date there is not expiry date. If they have made an error they may try another excuse but if I have been already told that the only reason for my dismissal is that they do not require me next year then what can I do if another excuse/reason is put forward in another meeting? I love the job and obviously feedback on my performance is positive and whilst I would love to stay this is an incredibly awkward situation for both sides but if I am correct and I am on a Permanent Contract and they have made an error what if any rights do I have? Most appreciated.
  23. Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing with inaccuracies in statement to which I objected, as his decision contained various factual discrepancies and asked him to give me evidence to substantiate his reasons. I have however, not yet received them. I further wrote to them formally rejecting the proposed changes to the terms of my contract and informed them I would be sticking to the currect terms of my contract and would be working 3 days a week only. I then received phone call asking how I was from another manager as I had gone AWOL. I asked this manager to check my 2 letters that I sent in and have not received a reply to yet as these letters clearly address that I do not agree to new terms and I would be work 3 days only. I then had further discussion with another manager and I told him exactly the same that I am expecting a reply to my previous 2 letters. I then received a letter from another manager informing me that I have gone AWOL and if I do not turn up under new terms i.e. 5 days a week I will be marked down AWOL. Today I have received another letter calling me in an investigation for Disciplinary hearing regarding my AWOL. All of this is despite: 1) Management, unilaterally changing my terms of contract. 2) Management, not replying to my objections I raised in response to their decision. 3) Me formally rejecting their proposed changes. 4) Me informing them that I will be doing my shifts under flexible working and that I have not had response to my 2 letters. Can someone kindly guide me, 1) am I wrong here? 2) Can I be sacked in this AWOL hearing? knowing that I have already told them why am I not turning up to shifts? 3) Can flexible working be unilaterally changed? 4) Should there not be a status quo applied till my objections raised are answered? Thanks
  24. in October 2016 I've started a 2 years contract with Vodafone but after half a year I couldn't keep up with the payment and didn't pay since then. I do plan on getting rid of the debt once I'm fully back on track, I can't afford it at the minute and hoped I still have some time before any legal action can be taken. Recently I started receiving letters from Lowell Financial Ltd, headlining with "Pre-Legal Assesment". Do I have to be worried about any legal action? My Vodafone contract ends in Oct 2018 in theory. Are they able to file a CCJ even if they bought a debt of a contract that is not even brought to an end? I have read many other posts where people come with contracts that are 5-6-7 years old, and I'm here wondering how worried should I be about this letter. See the letter below. Thank you in advance.
  25. Sopra Steria has been awarded a new UKVI contract READ MORE HERE: https://www.gov.uk/government/news/sopra-steria-has-been-awarded-a-new-ukvi-contract
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