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Found 22 results

  1. Hi, I would greatly appreciate some assistance with this parking issue. Apologies that this is a bit long – have tried to summarise it. I live in a cul-de-sac (close) and until a few years ago the local authority tried to CPZ the close but found that it was private land belonging to my housing association. It is a small close with bays that residents park in. The local authority persuaded my housing association to get a private parking contractor which caused an almighty confusion between the residents and the housing association. To cut a long story short, PEA Parking got the contract. Signs were erected and one letter sent out about registering with PEA for a virtual permit. The housing association then stated that they would not get involved in any disputes with parking and disowned themselves from the matter. At that time, my son had a blue badge and I was given a mobile permit that I could put in my windscreen when parked. My car broke down on the close and I purchase another second hand one and informed the local housing office of the events of then I would be disposing of the old car. The then housing officer emailed PEA and c.c'd me into the email. Around the end of 2016 my housing association informed us of a consultation of merging with another housing association and this would be on-going for a while. Unbeknownst to us, the local office closed down as staff was restructured, no phones were answered for months - office telephone numbers were changed and all we were getting were mail shots about the merger continuing. At the same time, my permit expired and there was no appearance from PEA so we the residents assumed that they no longer had the contract - I had left my car outside my door for months when on leave and saw no parking contractor - let alone not being able to get through to head office to query where the new local office was. On 15 May 2018, I had a medical appointment for a minor op. I returned home and to my surprise and horror found a Parking Charge Notice on my windscreen. I was shocked as they had not patrolled the close for over 1 year and even the neighbours were sure they were no longer the contractors and felt that when a new one got the contract, we would be informed. I appealed and sent evidence on the 28 May 2018 on the following grounds: 1. The Notice mentions the old housing association's (landlord) name which no longer exists. 2. My letter from my housing association dated 15 January 2018 re 'Change of Landlord' the old landlord ceased to exist on the 2 January 2018. 3. Letter confirming that I pay service charges for the maintenance of the car park so can park in the bay. 4. Their Notice is difficult to read as dyslexic and font is very small. PEA acknowledged receipt of my appeal on the 1 June 2018 stating that if I do not hear within 14 days – do not assume it has been cancelled. I had to contact the British Parking Association who stated that I should have had a decision within 36 days and they would contact them. I emailed PEA on the 12 July 2018 for a decision/POPLA reference number. PEA replied on 19 July 2018 – appeal rejected on the following grounds: - No displaying a valid permit and warning signs etc. - My old landlord still exists as the rebranding with the new landlord has not yet been completed. The parking restriction times were between 10.00am – 2.00pm Monday to Friday. There has been no written confirmation from PEA or the new landlord to confirm that they will continue to have the contract nor had I been contacted on the expiry of my son’s disabled mobile permit to change it to the virtual permit. Where do I stand? Any information appreciated.
  2. Hello all, Posting on behalf of a work colleague. Have passed them site details and suggested they register themselves. The person in question works as a cleaner for a third party company who have a contact with our business. Our business is part of a much larger group who are currently restructuring. As part of the restructure, our business is moving from its current facility to a new shared site along with other parts of the organisation. For this reason our contract with the cleaning company is due be terminated. This now leaves the cleaner, who has 8 years service at this site, all be it possibly with differing cleaning comapanies. By this I mean that although the contracted agent has maybe changed it has always been the person holding the position and performing the duties. They have essentially moved with the contact. They have now been informed that once the closes they are basically redundant. It is also being claimed they they are not entitled to any redundancy as it not them, her employer (cleaning company) who are making them redundant but us as we the ones moving site. No other positions are available for them to be relocated / transferred to. What are their rights in this case ?
  3. I'm going to be having a new roof on the house shortly, and I don't want to employ some one without having a clearly defined contract in place. But having never done anything like this before.. I have no idea where to begin. Are there any templates out there that I can download, and tweak to suit, and most importantly... it will need to be legally binding in case of any issues. If a contractor refuses to sign a contract... they won't be hired. Any decent and reputable company would have no qualms about having a contract in place.
  4. Hi all Some words of legal advice please. My son has been employed, on a self-employed basis, with a major construction company, paid through Exchequer Solutions, with basic 20% deducted and I claim most of his tax back each year. He has worked tirelessly for the same employer 2 months short of 3 years as a carpenter/multi task contractor. Unfortunately, the company is owned by a father and son duo. The father is a very reasonable but ageing man who mainly stays in the office and the son is a complete upstart, worth millions, knows nothing of the construction industry, but did a business course so feels totally able! This humble description of him is shared by many. A few weeks ago, the son of the employer and my son had their final fall-out/disagreement and it was to be the hair that broke the camel's back. My son made it clear that he was no longer prepared to work for his company and left there and then. I have been invoicing for his work 2 weeks at a time, a week in arrears. When I submitted his final invoice, in addition to the final few days work, totally some £1k, we received an extremely vicious and libellous email saying that my son had taken advantage too many times by over-invoicing for hours not worked and if anything, he owed them money! This is, of course, not true, and even if it was, how can they wait nearly 3 years to come out with this after he's left their employ as such?! I did write to Exchequer solutions for their opinion, seeing as they have deducted a fortnightly fee for their services off his invoice, but they have put their hands in the air and said "I know nothing"! What are our rights please, if any? Thanks in advance
  5. Hi my okd friends I need an EXTREMELY URGENT advice from you good people. Wished to refurbish the old house after 30 years which meant change of everything including wiring and water system etc. I employed a firm of archirects who with a QS sent tenders out and as the result we instructed a firm of contractors to do the job. After a while architects left the scene so we employed a building controller in their replace to interact with builders. There was to be a contract drawn by QS for "minor work project". Unfortunately a copy of it was sent to me last week! As I had signed a Letter of Intent, I assumed that all terms and condictions in darft of contrcat which I has seen would suffice. The builders went throught demolition phase, and should start on construction. The payment is as the follows: The builder gives a list of work and expenditure to QS. He without checking to see whether is adequate or the work is carried out, accepts the payment due and forwards builders' invoice. The building controller we appointed acts in place of architect but her responsibilty has been limited to signing the stage Cetrificate - meaning that the work was done accordingl to existing plans and drawings!. Despite all those safe guards at a lot of expense we now find ourselves in a very bad posiotion. Builder has not followed an iota of terms and conditions in contract, yet keeps naming it as a tool to ex-communicate us and carry on mis-leading the QS and the Controller. The very first part of construction has run into big trouble that he wants through his "uknown to us" sub-contractor charge us for electrical works BUT...he quoted a figure of nearly £50,000.00!(should be max £10k with most expensive products in market)) for a job including rewiring of 5 bedroom very average and meduim size house. They do not specify the products listed nor correct number of products to be used. The list I provided keeps being thrown away. Thus has been going on for past 2.5 months. Meanwhile I amconcerned that they have started to attempt with same approach with other tasks within project. Because of us trying to get a proper & accurate quote to give them the go ahead, they have shut down the site for past 8 days, because of health & safety regs we are not allowed to go in. We finally persuaded all those involved to have a meeting at the site in 2 days time. Obviously we can not work together. We have paid 2 invoices so far which partly may be a loss to us - no hope of getting some back. BUT WHAT AM I TO DO WHEN AT THE TABLE, WE REACH THE END. CAN THEY KICK ME OUT AND KEEP HOLDING THE HOUSE UNTIL WHEN? IS THERE SOMEONE, AN EXPERT I CAN TAKE WITH ME TO PROTECT ME, ASSESS WHAT THEY HAVE DONE ON THAT DAY? I AM SO WORRIED THAT THIS MAY TAKE A LONG COURT BATTLE. I JUST WANT TO PAY FOR WHAT THEY HAVE DONE FAIRLY. OR RETRIEVE PART OF MONEY I HAVE UNJUSTLY PAID. THE MAIN QUESTION IS: WHAT IS GOING TO HAPPEN AS THEY ARE THUGS. AND HOW CAN I GET THE HOUSE BACK TOMORROW? I do hope there is someone out there who can urgently advise me. Really can not afford to go to lawyers - lost a lot on architects and builders and so forth already, and I am currently left with a shell of the house living in a mice infested flat somewhere else. Please help. Sophie
  6. I currently get £23k a year on PAYE as a salary. I'm leaving my job due to work pressures. I am going to be working for anther company doing the same thing, but as a contractor. I will be getting £2000 a month exactly. I am now trying to work out if I will be better off. Since I have just realized that I won't be getting holiday pay, meaning the 6 days I have booked off next month will mean I will lose close to £600! Someone else I've spoken to seems to think you can claim back on many things you buy as a contractor, so would be better off? Have I made a mistake? P.S How bad would it be if I didn't declare taxes on the first payment?
  7. I had a quotation for a concrete garage from a local agent, part of the quote included the separate price for the base to be slightly extended and skimmed. This did not say estimate, it said quote. The person that does the bases apparently does not work for agent but they provide him with work, I'm not sure if they get any commission from his work. The agent quoted £800 for the base complete with prep to completion and said it would not change. The base builder came to view the job and said its £950 and that hes doing it cheaper as it should be £1100. When the base is done I have to pay him not the agent. I called the agent to tell them as I agreed to have the garage from them based on the overall quote but the person that did the quote was not in that day and the lady said she would inform her when she was back in which was last Tuesday 18th and she has not called me to discuss this as yet, I have a feeling she isn't going to either. How do I stand, should the agent compensate me for this extra £150 or do I have to just accept it and pay the extra? How should I go about handling this situation?
  8. We have had a domestic heating oil escape 6 months ago. Our insurance sent a contractor to do remedial works that would remove the contamination and prevent it from spreading. After 6 months the contamination still has not been removed from the ground but our policy was charged tens of thousands of ££ in costs incurred by the contractor. The only works done to date are: test of the level of contamination, partial structural survey of the house wall, a filtering equipment connected to the water feature that was also affected, and a proposal for works presented but later withdrawn (possibly on the grounds of safety after we asked for clarification of some safety aspects). On top of things, we have issues with their negligent conduct at our property and poor project management. We complained to our insurer and asked that a reputable contractor we found (who worked with this insurer on similar cases before) replace the current contractor under our current claim. The insurer refused. We wonder whether we have the right to have our current contractor replaced on request under the current claim. We would also appreciate some pointers and advice from people who found themselves in a similar position. Thank you very much.
  9. Hello everyone, I wonder if anyone has any advice. I have been offered a contract with a client via an agency. The agency terms and conditions are very heavily weighted in their direction. The specific term that I wish to have removed is that they or the client can cancel the contract without any notice and not owe me any money. The client can cancel without any notice period and the agency will not owe me any money. The client can claim my work is not suitable and cancel without any notice and give no evidence as to why the work is unsatisfactory. I am a Ltd business but it's just me and my hubby who does the admin and I do the work. I am going to ask for these clauses to be removed but have already been advised that these are their standard terms and if we don't accept them I cant have the work. My argument is that they are forcing us to agree to the terms under duress - ie: agree or loose out on the work. No other agency is currently recruiting for the job so I cant go to someone else to get the contract. the terms are heavily and unfairly weighted in their favour. I have to give notice and if I don't work the notice I am liable for all their loses They are an established million pound company and we are two man band. This is the standard terms and we cant afford to get every contract reviewed by a lawyer. I have suggested to my hubby that we ask for the relevant clauses to be removed and if they refuse write an email to say we are signing to accept the terms and conditions but only under duress and if any dispute occurs we will use the unfair terms act of 1977 to claim that they forced us to agree to an unfair contract. would that be OK? also if they say we cant have the contract if we do not sign without that caveat can we go to the client directly and ask them to agree the contract between us directly and cut out the agency altogether? any advice very much appreciated.
  10. Hi,I will make this brief. I am in dispute with a Glazing company. It has now been tracked to my local court.I have submitted a defence the claimant hasn't responded to this within the time period laid down.We are to supply any witness statements and evidence. The dispute arises that they fitted the wrong item as ordered and damaged on installation, and took 6 months to complete which should have taken 1 day.I incurred extra trade and other costs due to this fact.I have paid deducting these figures, I am being pursued for the balance. For completeness and assist the Judge which point of consumer law would assist my case. Thanks
  11. Hi All, I would really appreciate some advice. I've received an offer letter from a US company which does not have a UK presence. Therefore I will be employed as a contractor and they will help me set up the limited company. The thing is, there is a clause called Employment-At-Will which is apparently normal in the US. It means that either party can terminate employment with no notice and no reason. I guess as a employee proper this would not be legal, however as a contractor is this allowed? Thanks All
  12. I wondered if anyone can help. I was left a property by my dad and as the market was low decided to rent it out . The first months rent covered bits of work done on the house, finders fee and safety checks etc . Then more work needed doing 2 carpets kitchen units and header tank so i gave the estate agents the go ahead to carry the work out via their contractor . I was going to rent the property for 6 months whilst the value went up so the rent wasnt important to me the contractor would be paid from that. Two weeks ago after a fuse had blown the estate agents stated it needed a full rewire and this would cost me £2000 - £3000. i do not have any money to throw at the house so the tenants have moved out . The estate agents have sent me a bill for £1000 for the work that has been done and i cant pay . I will pay when the house is sold and am going to ask them to sell it for me . They said they need the cheque now. Just wondered if anyone can give advice. Thanks in advance
  13. Confirmation of complete chaos and disarray in delivering these assessments. http://www.channel4.com/news/disability-benefits-contractor-runs-into-trouble-video
  14. Back in September 2013 i recieved keys to a new flat 1 month before i actually moved in. 2 Days after getting the key (17.09.13) the contractors working for my landlord managed to knock my motorbike over off its side stand, whilst trying to access the bins. I didn't know for sure at the time that it was them that knocked it over. I was getting the bike ready that day for long ride to visit family for a weeks holiday. So i had to ride the bike damaged. The landlord sent me a text the following week confirming it was his contractors that did cause the damage. i suspected the damage to be more than £200, so asked if the contractors would pay up to the value of £200. They begrudgingly agreed, only in £50 a week payments. However after 6 weeks of not receiving any money, i sent them texts asking when they were going to pay. These went ignored for another week, until i sent one saying i would get the police involved. I immediately got a text back, saying the landlord was going to take care of it. I took my bike back to the dealer for an official evaluation, which should have cost £80, which they did free of charge because my bike was due its service soon. And the damage was closer to £400 The landlord agreed to meet me a couple of weeks later, and told me point blank: "If you want your money, you are going to have to take it to a civil court. And as its private land, i don't fancy your chances. That said i am prepared to knock £100 off your rent, and that's it" I tried showing him the piece of paper from the dealer, showing that £100 wouldn't even cover the cost of replacing my windscreen. He wouldn't even look at it. Since i've hinted to the contractors that i am serious about taking this to small claims court, they said that them & the landlord will deny any knowledge of any involvement as far as damaging the bike is concerned. Now don't forget i have the landlord admitting the contractors damaged the bike in text message. Its an iphone, so these can be screen captured & printed What can i legally do here? I mean i am planning on moving closer to work as soon as my 6 months is up in april, so i can see me having to fight him again to get my bond back.
  15. Apologies first for posting this in the general welcome section as this is where the 'how to start a new thread' advises one to do so. I am a freelancer in the pharmaceutical industry contracting through an agency to a multinational company. My contract is reviewed every 6 months. Last November 2012 (just before its renewal in Dec) the multinational company approached me and wanted to transfer me from an hourly rate to a daily rate. As I was used to working long hours I figured that they had considered the rates and thought it best for them that I went onto a daily rate. They suggested a daily rate which I agreed and confirmed in an email to my linemanager. 6 months later (last week) I learnt that my previous 3 invoices (Feb, Mar & Apr) had not been paid and that the multinational company were in dispute with my agency with the rate that was being charged. Despite the fact that the first 2 invoices ie Dec 12 and Jan 13 had been paid with the new agreed rates the multinational company was now stating that 'there was an error' in the calculation of this new rate. They claim that the rate that I was provided with in Nov 12 included both the agency fees and VAT. This was never the case. The multinational company now wants to retrospectively re calculate and for me to re issue all invoices at a lower daily rate. My argument is that the work has already been done under the agreed rates and invoices issued- therefore these should be honoured. Please advise.
  16. i did 2 weeks work for a company they paid me for the first week late,then they have'nt paid me for the second week. its been 2 weeks now,they are ignorig my calls. what action can i take?
  17. Hi, What do you think about IR35 -- the tax on certain types of contracts? Is it fair? Should it be abolished? If you've been doing contracting, what have you done about it? Thanks
  18. Hi there, I'm currently in the process of a home insurance claim and would be very grateful for advice on certain aspects. The claim was initiated following an escape of water and the result is that the ground floor at my property requires replacement and a room needs partial redecoration. A Loss Adjuster visited my property following the claim and, along with estimates for the main works, requested that I also provide estimates for removal and storage of my contents to the whole of the ground floor of the property in order to facilitate the works. I should highlight here that the need for removal and storage estimates only became apparent/accepted AFTER I raised the fundamental need to clear the area to allow for flooring works. Having submitted estimates for all aspects of the work the Loss Adjuster has responded with approvals (on which subject I have other queries which I'll pose in a separate thread), however they have also advised that they will be appointing their OWN contractor to manipulate my contents. So to the questions... Q1) Am I obligated to use the insurers contractor for removal and storage of my contents, or can I insist on using my own local contractor? Q2) If I use my own contractor can the insurers impose (financial) conditions on this? Q3) Given that the removal and storage of my contents includes a freestanding fridge freezer, am I entitled to claim for any food items contained? Q4) The timescales for the work are presently undefined. My existing flooring needs to be removed and the exposed area completely dried out before any new flooring is laid. Depending on the situation when the flooring comes up, this could potentially take 1-2 weeks. Are the insurers obliged to provide Alternative Accommodation during the period of works? Any advice on this greatly appreciated. Thanks,
  19. I am self-employed as a painter and decorator and am doing some work for a contractor who says he has to deduct tax from my wages. I'm a bit concerned about this because this is my first job this tax year and I imagine it will be an emergency tax code which will mean paying a lot more than if I was employed and had a code. I realiseI will get this back eventually but could do without it being taken off me now, I understood that, as a self-employed person, my tax affairs were my own responsibility and I wonder if anyone could throw some light on what is supposed to happen in a situation like this. Thanks in anticipation
  20. Hi All, I need your advice really appreciated your comments. I started work with this organisation 4 years ago as an account manager on a full time employement basis but it transpired after few months that they do not pay their VAT, TAX NI etc so I was advised by my colleague at work to do the same and become a self employed which I did. From the moment I started with this place, I was constantly abuse and bullied by my manager and I reported it to the MD many many times but he did not do nothing about it. after a year, the boss himself join in the hostility & the unethical communication directed to me daily such as your clients cannot understand you because you cannot speak proper language, degrading commnets about my race etc. I was subjected to emotional abuce some of these were very subtle or blunt. I could not leave as I could not afford it as my wife was a full time student. Finally, I resigned a month ago and to top it up, they are still bullying me and they sent an email telling me that they will be taking me to court if I speak to any of my past clients etc. I have clients, colleagues that witnessed this bullying throughout the years and prepared to testify as witnesses. sorry about the long story but I wanted to get some advice on how proceed as I know the MD and others in this organisation have a knack for bullying people. thank you very much for reading
  21. Hi to make it easier I have detailed my issues in the letter below which I have sent to the AA. Any advise? On the 7th October 2012 I drove my vehicle (Mercedes-Benz E270 Cdi) . On my return, I noticed the car doors would not open centrally. I then used the key to open the door manually and managed to open it. I then realised that the car would not also start. At this point I decided to call on your breakdown services to get me back on the road again. I was told the AA patrols are busy in the area however they will send out a sub-contractor to get me roadworthy again. A patrol from a company called FAM Engineering came out and immediately diagnosed my vehicle as “Dead Battery”. He said it’s no problem and that he will start my vehicle with a booster start. I asked him if this was safe to complete on my vehicle due to the complex electronics on board and also when I purchased the car I remember the dealer telling me the car should not be jump started. The battery should be charged and then the car should be started. I questioned the patrol over this to which he replied it is perfectly safe and he does this all the time. To double check this he rang his “friend” who works for Mercedes Ciceley who confirmed how to start it. I suggested that rather than start it this way, why don’t we purchase a new battery and fit it using AA’s service. He was against this as without testing it he said the battery seemed in good condition. He placed his crocodile clips on the battery and then went to start the car using his booster pack and started the car. The cars manual also states that all electrical equipment including the heaters, lights and stereo should be completely switched off. The patrol did not advise us to do this. The car started and he asked me to sign a form to say he had completed his job and drove off. Once I sat in the car, I went to place the car in the “Drive” gear and it would not move out of “Park”. It seemed to be stuck in “Park”. I then called the number on top of the form I signed from FAM Engineering and they arranged for the patrol to come back. He came back swiftly but was not pleased and tried to force the gear to move out of Park quite violently but failed. I was not pleased with this attempt as I felt he could have damaged the lever and made this clear to him. He then went back to his vehicle and rang his friend who works for Mercedes to see what else they can try. His friend said that the car needed to go to the workshop. At this point the car was showing a number of faults on the dashboard system including “ABS Fault”, “ESP Fault”, “Speedtronic Fault” and “Display Fault”. The unhappy patrol proceeded to get the vehicle towed to the nearest workshop and swiftly left. A tow truck from FAM engineering arrived approximately 45-50 minutes to take the vehicle to a workshop/garage. When he arrived he was displeased that the previous patrolman had not used the override switch to put the car into neutral as advised by his contact center. He tried to find out how to do this and then came to the car and violently forced open the leather gaiter and found the switch. Since this incident, I have found out that the gaiter should not have been touched. It should have been the whole panel around the gear lever to reveal the override switch. The second patrol proceeded to lift my vehicle onto the truck. He advised me he will take me and the car home as no garages are open at that time and I will have to ring back in the morning to have the vehicle transported to a workshop. The following morning I arranged for my vehicle to be taken to a workshop. I have extensively researched online regarding my issue and it seems that the vehicle should not have been started as it was. The battery should have been taken off and charged and then the car started with all electronics switched off. As a result of your sub-contractors, my vehicles electronics have now failed. I have been told that it will cost in excess of £1300 for an ESP Module to remedy the issues created. Also I am now going to have to be without the use f my car as I have to wait over a week for this part to arrive from Germany. I am extremely disappointed as I mentioned to the initial patrol about purchasing a new battery and he dismissed this. Had we have done this then there would have been no electrical faults at all. Prior to jump starting the vehicle there were no faults present on the vehicle. I am now writing to you for you to investigate my issue and cover all costs involved in repairing my vehicle as a result of your subcontractors patrol. I look forward to hearing from you.
  22. can someone point me in the right direction - am i self employed or a contractor - and as such, what rights do i have ? I pay 20% tax at source ( CIS) I have regular working hours every day ( can't work whenever i want) I don't get paid holidays I don't get sick pay From what i can gather, im a contactor, as someone who is self employed gets to pick his or hers own working hours. As a contractor, am i not entitled to some kind of holiday pay ??? Any thoughts ?
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