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  1. Hi. I am looking for some advice on how to handle a small claims procedure? The story is that we booked a wedding with the vu in bathgate on the 7/2/2017. The wedding was to be held on the 30/11/2017, and when we signed the agreement we didnt read or were told about the cancellation fees. We paid £500 up front the total cost was £5000. We are going to court as we had to cancel the wedding on the 27/04/2017, because our house was robbed and the money we had saved for further payments was stolen. The Vu are claiming 100% of the total cost according to their contract. But I find this disgraceful, as if we were able to pay the entire cost we would not have had to cancel in the first instance. I feel that the £500 deposit I paid should be more than enough for a cancellation. As they do not have to pay staff wages, catering costs or such likes for that date on 30/11/2017. I don't know how to find out if a wedding took place on this date as this would cancel their cancellation fees. To expect us to pay the entire amount and not have our wedding. To me is incomprehensible. Like I said if we could have afforded this we wouldn't have cancelled. Thank you for taking the time and for any help that anyone could provide us. Forever greatfull. Stewart.
  2. We've had a new heating cylinder & boiler installed. The cylinder was ordered by the plumbing company from the manufacturer and delivered to us. When the plumber installed it and turned it on, the outer casing seam split. No damage was caused to anything else, but the cylinder was unsafe to leave in use. The plumber phoned the manufacturer and arranged for them to bring and install a new one. He then made a temporary connection which gave us heating in the mean time, though not hot water. This took some time, of course, and was thoughtful of him. After the manufacturer had installed a working cylinder (at no charge but 9 hot-water-less days later) the plumber came back and finished the installation. The plumbing company has invoiced us for the extra labour caused by the faulty cylinder. Is this fair? Who should bear the cost: the client, the contractor or the manufacturer? (We're happy to pay if it's fair; so far as we can tell the plumber's work is good, he communicates well and has responded to problems quickly, so we'd like to continue using the company if we can get this resolved in a civilised way.)
  3. As I work closely with Apple, I often come across interesting tidbits... Once o which saved me a LOAD of money... For a semi iPhone contract you'll be looking easily at between £40-£70 a month depending on your needs of voice and data etc... on top of that, your phone is only covered for 6 months by Apple and should be covered by your provider for up to a year. After that, if it dies, you're on. your own. Apple have something called the iPhone Upgrade program. That link will take you directly to it. here's now the money saving works broken down: - £33.45 is what the iPhone upgrade program costs per month.. - You're covered with 24/7 AppleCare+ so even if you send your phone to hell and back, they'll replace it as per AppleCare+ - Every year, you get the latest iPhone - At the end of the year, you give your old iPhone back to get. the new one at no extra cost (e.g. one off charges) So the £34 +£10 for a Data, Text and Voice plan (sim only, which I just saw on switch) you get more bang for your buck as to put it. So on top of saving the £10-20+a month, you'll also be covered by free insurance (no excesses either), free support for your phone (and all local call centres with Apple). The only hitch might be if you have bad credit.. Apple do check up on your financial conduct... Well it's not them, it's actually backed by AIG (some insurance firm)... Anyway, I hope this tip helps out! Ade
  4. Hi, I entered into a contract with EE about 3 years ago and since altered the deal as time passed. The last addition was due to a sales advisor who phoned and offered a deal on a iPad Pro being added to my account at a price I could afford. As it was added 10 days before my next bill, I was not expecting any extra to pay until the following bill and then I was only expecting the new total and the little extra for the previous 6 weeks. My bill should have been around £80 not the £297 they were asking for. I phoned EE customer service and ask what was going on. At first they said they recorded all calls and would listen to the call to hear the agreement and they would phone me back within 24 hours, I phoned them back 3 days later to be told that an advisor had phoned and left the message on my answerphone (on the mobile), when I said that they could not have done that as, on my request when I started the phone contract a couple of years earlier, I had EE turn that option off at their end, the advisor then said I meant your home phone at which point I explained I don't have an answerphone on that phone either, she hung up on me. I phoned a second time only to be told that they do record all calls, but on this occasion they don't think they recorded the particular call in question. I stated I wanted them to honour the agreement and I would honour the payments. I was told if I did not pay the new charge I would be disconnected and legal action would be taken. I got a legal letter in the post on Monday. My question, if a company breaks a deal. What (legal) options do I have? Thank you.
  5. So... We have recently had a case come up where a DCA was stating that a Mobile Phone Contract was part of the Consumer Credit Act of 1974. This raised a few questions so we'd like to clarify this stance. Currently - No Mobile Contract is subject to a Consumer Credit Agreement however they are exceptions to this rule and it is not always clear. When taking out a contract it can be done in one of 2 ways and this is becoming a focus of some companies. This provides a lot of flexibility allowing customers to upgrade early and their tariff automatically reduces after paying off the handset device cost on its own to the airtime agreement. Useful if after 24 months you want to keep the same tariff and dont have to adjust the tariff to get the best deal.
  6. Hi guys. Here is an interesting one for you that I would appreciate any help in clarifying. In short, I purchased a buy-it-now item on Ebay. The seller is a business. Before I paid the seller contacted me to increase the cost of the postage (I do not live in Highlands or anywhere like that). I did not agree with this and when he followed up with a rude message, I chose to not proceed. So, I messaged the seller and politely told them I would not proceed and requested they simply cancel the sale. They refused. They then re-listed the item immediately AND subsequently opened a non-paying bidder case. Now this is where I would like clarification. Unless I am mistaken, the Consumer Contracts Regulations 2013 allows me to cancel within 14 days following the day of delivery. There is no beginning point, just an end point - 14 days following the day of delivery. So I could cancel now, tomorrow or any point up to that end point. I chose to cancel immediately as said. There was no payment made and thus the item was never sent. Again, unless I am mistaken it is an offence for a business to attempt to discourage a consumer from cancelling. Indeed I successfully sued Plusnet last year when they tried just that. And this is where it gets interesting - Ebay happily open the unpaid case, which by definition puts me under pressure to pay even though I do not want to proceed. Do not worry, I will not pay but some would. So, can anyone please confirm if Ebay business sellers are exempt from the CCRs (I don't expect for a moment that they are) or if Ebay are technically aiding and abetting breaking the law by allowing business sellers to try to talk consumers out of cancelling by threatening detrimental action on their buying accounts if they do not pay. Whilst Ebay do think they are a law unto themselves, business sellers in the UK must comply with CCRs and do not have exemption when using Ebay. Unless you know otherwise? Many thanks Rob
  7. Hey folks, I'm sure I've asked this before but cant seem to find the thread....my main employment when I do overtime I get extra holiday pay, at my part time job I get the standard number of days only, so for instance someone working 39 hours a week will get the same holiday as someone working 59 hours a week (and many do) should extra holiday pay accrue? Also, if your under 18 can you work past 10pm? thanks in advance!
  8. Under the current system, consumers who want to switch but keep the same number have to notify their existing provider and request a Pac code, which they take to the provider they plan to join. Ofcom's preferred option is for responsibility for the switch being placed entirely in the hands of the new provider, which would mean an end to the process of contacting the existing provider in order to end the current contract. Ofcom would like to see mobile companies handling the switching process on behalf of the customer, which means you wouldn’t have to ask for a PAC code at all. Basically, it’d be like switching energy companies, or broadband contracts, where you can choose the start date of your new contract, to try and avoid any overlap in payments, or avoid any periods where you’re not connected. Sadly, Ofcom are not able to force mobile companies to accept their new rules, but the businesses will have to provide an alternative. A final decision will be made in the autumn. http://www.bbc.co.uk/news/business-35882026
  9. Hi I have been with my employer for 15 months and have never received any contract or even a statement of employment no manual handling of health and safety training.... If I wanted to leave would I be able to do so without giving any notice as I don't think they deserve any as they treat staff appallingly also would I have any come back if they tried to get rid of me if I complain about the above issues. Kind regards Morph63
  10. Employer has set a date for signing new contracts. Should an employee wish to work under protest, what is the process... If the employee clocks in on the day, would that be seen as agreeing to the new contract? Does the written statement need to be given before the day of signing, at the time of signing or if not signing given before clocking in the following day? If the employee feels no consulatation has happened, time to seek advice or does not fully understand all the implications of the new contract. Is giving a working under protest notice appropriate? Will likely have some more questions depending on the answers to the above, thanks.
  11. I've had ongoing issues with PAYG (pay as you go) dongles. I have discovered how much more PAYG customers pay - eg a contract customer I know with the same company pays the same monthly amount and gets 5x more data! But then is charged £25 for exceeding it, without warning. I passionately believe that the prices should be the same - why are those who can't or won't go onto intrusive contracts less valuable? What kind of a value system is this?! It means that those who can't afford contracts are, like prepay electric meters, paying the most, and often not getting a very good signal or speed. PAYG dongles - typically only 2-3G per month - are not viable for keeping safe online. it's the security updates that are mostly responsible for sucking our allowance. We also can't control the traffic online whose heaviness effects our download/browsing allowance. Most contracts will be 15-20G a month. There are big issues re auto charging, holding people into durational contracts, valuing those who spend the most - all of which are general consumer and outlook issues. I've found Three, who were sometimes better than other phone companies, to have lately been awful with customer service. Their Executive office who deals with complaints to have no idea how to speak to a customer or have any comprehension of my real issues, and try to evade the long term problems and discourage ombudsmen, perhaps even not telling you they exist. Ombudsmen are a whole other post but I increasingly believe they are not independent, fair, and staff are encouraged to throw out cases or rule unfavourably to customers (sometimes whilst sounding as if they've been reasonable) and are frankly obtuse. I'd like to make the community aware and hear other people's stories as a campaign really needs launching about these fundamental imbalances between the public, companies and government related departments.
  12. Ministry of Justice amendments to Contracts for Court Fine enforcement. In 2006 the Ministry of Justice awarded contracts to private sector bailiff companies to enforce magistrate court fines. Over time, new contracts have been awarded and the current position is that only four companies are contracted to enforce unpaid criminal court fines with Marston Group and Collectica Ltd enforcing in the UK and Excel Ltd and Swift Credit Services covering Wales. In April 2014 the Ministry of Justice Procurement Directorate (as representative of the Secretary of State) made important amendments to each of the companies contracts to ensure that they were compliant with Part 3 of the Tribunals, Courts and Enforcement Act 2007 which came into effect on 6th April 2014. In this respect amendments were made to Schedule 4 (Specification) and Schedule 5 (Price Schedule). In respect to Schedule 4 the following changes have been made to the contracts: The word 'Bailiffs' have been replaced with ‘Enforcement Agent’ ‘Distress Warrants are now known as Warrants of Control’ 'Taking Control of Goods' has replaced words, such as ‘Levy’ and ‘Distrain, Distraint and Distress’ ...
  13. About 7 years ago I started work with my employer (a college) on a part time (0.5) but permanent contract. Very soon additional work became available on the same course I was teaching on, which I was offered on an hourly paid basis. This had a separate contract but I still had one pay code and one pay slip. Since then this mix has continued and I have argued on many occasions that the hourly paid work be turned into an increase in my part time position but to no avail. Recently the matter has come to a head as the employer wishes to appoint another 0.5 to teach on the course, which will probably mean a loss of my additional hourly paid work. Does anybody know what my rights are under UK employment law?
  14. Hello. Looking for some advice on unfair B2B contracts. I know this is a consumer site, but hopefully looking for some discussion / collaboration as I know I'm not the only one in this situation. I invited a salesman from a well known HR company to come and discuss being our HR department. I did this after attending one of their seminars, which they told me as an employer, I could face all sorts and levels of costs if there was an employee giving problems. I discussed the contract with the salesman on my premises, in front of a witness and he told me that if I changed my mind after signing, I could cancel at any time, giving 6 months notice in writing. As I was new to this and not experienced in HR matters myself, I agreed on the basis that if it all went wrong, I would only be liable for 6 mths of payments. I thought this fair and reasonable. After a good meeting, jovial exchanges and of course the understanding of the 6 mth thing that he said was in the contract, I signed. The contract was tucked away in a presentation folder by him and handed to me with lots of leaflets to read. What I actually signed had small print saying that there was no provision for early termination of what was a 5 yr contract. I found this out 2 yrs after signing! Obviously I am a trusting person, but I don't expect to be sold something that I haven't been sold, if that makes sense. The service provided thereon has been frustrating, shocking and not as described / presented in the seminar. When I did have problems, my confidence in their advice has been zero and I used a local Employment lawyer at a fraction of the cost. It can be best described like this: 1. I sell you a contract and explain verbally that for the next five years I will make you a cup of tea whenever you like. I will make sure it has just the right amount of milk and sugar and strength to your liking. I tell you (in order to get you to sign and earn my commission) that if you don't like my tea making services, or if you go off tea, or for some medical reason can't drink tea anymore, you can cancel at any time by giving me six months notice in writing. 2. You sign a completely different contract with no provision for early termination. 3. I then, after you have signed, tell you where you can buy a kettle, cups, cutlery, milk, tea bags and sugar. I give you written instructions on how to make the tea. Neither myself or any of my team will actually come and make the tea for you. 4. You try to cancel - I employ corporate bullying tactics that force you to pay for 5 yrs. 5. You can cancel, by giving notice not later than 6 mths before the 5 yrs is up. If you are a day late cancelling, I automatically renew your contract for 5yrs without consultation. My questions are: 1. To what extent is a verbal discussion valid as part of the contract you signed, even if the verbal sale was lies in order to get you to sign and you weren't given the chance to read it fully before signing because you trusted the person selling? 2. Is it unfair to insist one still owes money for 5 yrs when I (the HR company) haven't delivered what was promised and gave shoddy advice and forced you to go elsewhere in order to get things sorted? I won't be naming the company involved but judging by the reviews on them on the net, it wouldn't be too difficult to guess who they were. So if you have guessed, please don't mention their name. (He who must not be named!) PS I have cancelled my contract in writing and paid 6 mths of payments and not used the companys services for the last 12 mths as its not up to scratch. Thank you x
  15. Can anyone tell me what evidence to gather for this? This is not for me but for a member of my family. Having worked for four years the union is happy to take it forward but we would like to put as much information together as possible and I would like to be as helpful as I can.
  16. I am hoping I can pick some peoples brains here about contracts and employment law etc.I have worked for a company for 4years now and have a contract that I signed when I started I work 12 hour shifts on a pattern of 2 days and then 2 nights followed by 4 days off. This is one block of 7, then after block 7, I have 18days off. This is also a job that is at sea, but within coastal waters no more than 12miles offshore.New staff have been taken on over the last 2 years on a new type of contract deeming the same job to be a Multi Skilled role, meaning they company will train these people for other roles within the company. (Roles that I am not allowed to do, because I am not being trained. Jobs I would like to be able to train for. However also as part of this new contract, they have to do 16 shifts in a year extra at flate rate, not at an overtime rate. These hours can also be used for training purposes. So say for instance I have to do a first aid course, for me, that is a days overtime, they get the hours taken off of the prepaid shifts they have to do. So in effect they are being paid upfront to do the overtime, but on a flat rate. I realise this is swings and roundabouts, but the difference is, I cannot do the training except anything that I require to keep my certification in date. Also I am being denied a financial difference and the reason being, many people on this contract aren't actually doing the extra shifts. But by them not doing them, I am. But they are being paid the same at the end of the year as me, but I am having to actually do the work to earn the extra money.Also some of my colleagues on contracts before I started, when the company was owned by some other bank or business is on almost 10k pa more than me. Also it is recognised that he is lazy etc. HR and my manager will not look at my salary or discuss my contract although it is completely immoral that in effect you have 3 different contracts and rates of pay for the same job. Suggestions? Laws? All suggestions and advice welcome.
  17. Does anyone happen to know whether the vendor can introduce restrictive covenants after a house has been purchased at auction and contracts exchanged without negotiation with the purchaser? thanks
  18. Miss-selling contracts!!!! I was put through to the retentions team at end of August to upgrade my phones. They offered me two IPhone 5S's on an unlimited minutes, unlimited texts and 4gb data for £24.50. Soon afterward I looked at my online account and it said £31.50, I called their customer service immediately. I was told that it was discounted and that I must ignore the £31.50 it will right itself when the bill is prepared. Lo and behold the bill has come and money has been taken out of my account for £31.50 each. I have spent a long time on numerous calls, shoved from pillar to post without getting anything sorted. I am now fed up and want to cancel the contracts as Vodafone has clearly breached their contract. They are getting the recordings of which I know for a fact I am correct. I asked for a recording transcription around 22/9. After being told 24-48hrs, then 3-5 days, then 7-10 days, they did not get it done. On 5/10 I asked for the results again, after calling everyday. I am still waiting. I was called on Sunday 5/10 by a lady in customer relations team and was told that Cal was dealing with my account. I called on Tuesday to speak to her, Asef said he will deal with me and refused to put me through to Val. He then said, 'Greg called you 20 mins ago and you agreed to.... .. I stopped him there as I hadn't spoken to anyone and that my security had been compromised. I asked to speak to Greg, he put me on hold, then came back and said, greg copied notes from the lady on Sunday. This is all very strange, I have asked for my contracts to be cancelled and full refund to be given.. ....Now I am with the ombudsmen, OFCOM and OFTEL. Are the managers and directors not interested in customers at all?????? Surely my case would interest them....????
  19. I'm trying to get a bit of clarification with regards to mobile phone companies and defaults. I have two defaults on my credit file with equifax for 02 and Three I asked for copies of the default notices and got the response that they don't have to supply them as they are not covered by the CCA. If they aren't covered by the CCA, how can they enforce a default for 6 years on my credit files (which is regulated by the CCA) and not have to remove it when they full balance has been paid? Thanks
  20. I have run into an issue with our old friends at Unicom. This all started a couple of weeks ago when Unicom sales (who I have two phone line with) contacted me to offer a deal on Broadband which on the face of it sounded OK apart from when they got into their script they mentioned that it was a 36 month contract; I immediately stopped them there and said "I don't do 3 year contracts" the girl was a bit flustered and said "they only offer 3 year contracts" so I said "Forget it then" she convinced me to hold on and she went to talk to a manager. On her return she we can tie it into your current phone contract so I agreed and we continued on. Yesterday when my accounts administrator came in I explained what I had done and showed her the figures she did some quick sums and reported that I would end up paying far more than I do currently. She had a look around and she found several deals that would be a lot cheaper and asked me to contact Unicom to see how long we had on our current phone contract and to cancel the Broadband migration. I called customer services and asked when my current phone contract expires "May 2016" came the reply I then ask what is the term "36 Months" they replied; if this was the case then the contract must have renewed somewhere around April - May 2013 I didn't say any more on this subject at this point but I did go on and cancel the Broadband migration ( a few harsh words with a salesman here but I persisted). I then e-mailed a "Formal Complaint" to customer services stating that I don't remember any contract renewal and was this an "Automatically Renewing Contract" if so these had been banned by OFCOM. I received a phone call some 2 hours later and was told that it wasn't an ARC and that I had been contacted by phone in April 2013 and I had agreed to renew the contract for 36 Months and to top this they had a recording of the conversation. She went away and and listened to the recording and came back and reported that YES it was me and YES I had agreed to 36 Months; I asked if she could e-mail me a copy of this recording to which she agreed. Having carried out some further research into OFCOM's GC9 I see that they capped Fixed Term contracts to a maximum of 24 Months but what isn't really clear is if this cap includes Small Businesses ie those with 10 employees or less. Any thoughts on this would be appreciated. Regards Chris
  21. Hi all, sorry if this all seems naive but I really don't have much knowledge about the ins and outs of debts/debt collect etc. In 2005 my brother persuaded my 70 year old mum to sign for a mobile phone contract as he has a very poor credit history and assured her he would be making all the payments. It has come to light in the last few days that my brother has been borrowing money from my mum - who is on a low income-pension and I have taken charge of the situation to prevent him taking any more money from her. Having gone through her bank statements with her I noticed a direct debit going out for £50 a month to LP1 collections. Having investigated further I have found out it is for debts somehow accrued since this 2005 contract was taken out and it relates to 3 mobile phone numbers in total. Total debt is around £2000! My mum is completely innocent in all this other than feeling pressured into signing for the contract in 2005 - and indeed my brother had made some payments but then defaulted. My mother has never had or used a mobile phone, is very distressed by all of this understandably. Whilst I understand legally she signed that contract - is there any way that we can get the debt put into my brothers name - Lowell have my brothers name on their accounts as well - but insist the debt is in my mums name. Any help or advice anyone can give would be greatly appreciated. Thanks
  22. Hi folks I could do with some stone clad advice. I am currently a care worker on a zero hour contract. My average weekly wage is around £415 (taken over 12 weeks). I have just received 5 days holiday equivalent to £350. My feeling is that this is wrong and I should have a weeks wage for claiming 5 days holiday pay. It is only a small firm and the company accountant takes our our average wage for the week and divides by 7 to get a daily rate and then pays this accordingly to how many days you are claiming for. My annual wage is usually around £21500 so as a guide 12.07% is £2595 holiday pay I should expect over the course of the year for 28 days. This works out at a daily rate of £92.68 for every day claimed. If this figure were to be obtained via a 12 week period it would work out the same. At the rate they are paying me I will end up with £1960 over the course of the year. Please help as I maintain I am being underpaid but the accountant insists he is correct. Who is correct?
  23. Just posting this out of interest, as nothing has actually happened, but I was speaking to my daughter recently regarding her campus accomodation agreement. According to the agreement, the uni can fine students for inappropriate behaviour (one case in question is wedging a fire door open during hot weather). Question is basically, can a university levy fines against students for not following procedures, and more to the point, can they refuse to hand out degrees and results if the 'fines' are not paid ?
  24. Hi, I have just recently (about 1 month ago) got and accepted a new permanent role with a fairly large company. I am due to start work with this company on the 17th June- however yesterday I was advised by them the office was potentially going to move down south (about 250 miles away) within the next 6 months. I wasn't made aware of this until yesterday and they are saying they have only just found out themselves. They have give me the option of relocating (which im not going to do) retracing the offer acceptance or working with the company until they move and then be left with no job. I would like some advise as to were I stand with this as I have handed my notice in with my current employer (my role has been filled so no chance of my job back). Any advise is much appreciated. Thank you
  25. Hullo all I was a member of an organisation called myphoneclub which provided connections via Orange(EE) on a 30 day contract basis. I ported my two numbers in from Carphone Warehouse over a year ago. On 7th February I received an email from myphoneclub to say they had ceased trading and called them. They advised that someone from orange would be in contact to sort out the phones. On or around 20th February I was contacted by Avenir Telecom a reseller of EE(Orange) who offered to put me on expensive 2 year 4G EE contracts. I refused. No other service from EE was offered to me or available even though I asked and my request for PAC codes was refused as they said they had no control of the numbers. I contacted Orange direct who refused to speak to me as I was "not the account holder" but took my word that myphoneclub had gone bust and disconnected my service and that of hundreds of others. The following day after I contacted the Executive Office the service was restored and I was advised Avenir could offer all the services of EE including prepay and 30 day contracts. Getting back to Avenir they said they could not, blaming EE who they hate and my service has gone down once again. This has been a long saga and I have only provided the high lights but here is my best understanding of the situation: Orange has a distributor called Avenir Avenir sold Orange services to myphoneclub. Orange say this makes myphoneclub Avenir's customer. Avenir are insistent they will only reconnect numbers on two year contracts and both Ofcom and Citizen's Advice have said contractually they are within their rights. I dont want to be forced into long and expensive contracts for a dubiuous 4G service I dont need but I dont want to lose my numbers. It particulary galls me that they should use the threat of permanent loss of numbers to force people to sign up, particularly people who joined myphoneclub in the first place in order to avoid long contracts. I would be most grateful if anyone can come up with any solutions. It has been suggested to me that I sign the contract then cancel within the time limits of the distance selling regs, getting my PAC's at that point though I don’t think that is much of a flyer. What I really want is some sort of business or contract law that I can apply in order to get a pre pay or sim only contract out of Avenir or failing that a strategy along the lines of first sign to restore the service then sue using the following......??. Is there any kind of unfair business practice legislation, or abuse of dominant position provisions anywhere. Any thoughts or ideas most welcome. Put your questions here. If you are ex myphoneclub in the same boat, please make yourself known either on here or privately if you prefer. Lets form a a gang!
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