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Found 15 results

  1. Hi, I work in sales and my contract was amended some months ago to give me 1% commission on all combined sales above a target figure. The target was designed to be easily achievable as my base salary was lower than I'd liked and I was effectively doing two jobs - both sales and IT. The commission became due so I requested it twice via email (no response) I then raised it again via telephone. I got sat down in a meeting with my manager and the finance guy, they tried to tell me it was not payable for several months longer and also that the company didn't have the money.. After numerous emails they said OK we will pay you x amount as soon as you agree, x being about 50% less than I was expecting! They are working out sales AFTER deducting tax, postage etc. they are saying that tax does not go to them, it goes to HMRC so it isn't considered part of a sales figure. My contract does not say whether sales are GROSS or NET, from several verbal discussions before I signed, I was under the impression sales were GROSS. The figure they suggest pays me approx. what I could get for doing the sales job elsewhere.. nothing more.. I also have effectively been on call and spent many extra unpaid hours.. I am sticking out for the full amount I think I'm owed and have given them 2 weeks to pay it - am I in the right? Thanks in advance.
  2. Hi, Hope everyone had a good bank holiday. I (and three others!) missed crap signage and got a Contractual Breach Charge from Ethical Parking on my windscreen over the weekend. Just double checking that it is currently still best to do nothing until a notice to keeper arrives (between 28 and 56 days) before I take any action on one of these? Then if it (NTK) arrives on time post photos of it and signage on here for assistance? Just don't want to get it wrong! Thanks!
  3. A company called Oakham have been in touch regarding a loan i took out several years ago, although i thought it had been paid they claim i still owe them a small amount of money. I asked them for a statement which seems to say they are correct. The issue i have is the large amount of interest charged each month, they call it 'Contractual Interest' and i am wondering if this is the same as PPI? Would be grateful for any help on this.
  4. Hi all Looking for a bit of help, again. My wife was shopping and overstayed her free welcome by 18 minutes as shown in the attached file (hopefully have deleted all pers info). I havent contacted them to say, cmon its 18 minutes over, however wondering if there is anything legal I can go back to them on? I know that local authority tickets have to be issued within 14 days however any chance that works with private companies such as this? Any help appreciated. Thx
  5. (Sorry if this has been answered before but I am not great on the laptop and couldn't find any answer on the site.) I have had a contractual breach charge left on my car in the car park of the flats I live in and wanted to get some advice. I was displaying a valid permit but they claim I was parked obstructively( I guess because the only place free I could park was in front of the steps) but I had left plenty of room for people to walk behind my car. Also, as the part of the car park where I parked does not have marked bays, isn't it up to the person parking to decide if they can park in a certain spot ( within reason of course) I haven't contacted the company who issued the CBC someone called, ethical parking management and I would appreciate some advice as what I should do because I don't feel I have done anything wrong so I am reluctant to pay them. Thanks
  6. Bardan can you let this know how this goes seems very stressful have they given up now or are still after you? http://www.consumeractiongroup.co.uk/forum/showthread.php?452658-G24-continued-threats-5-mnths-on-do-I-stand-firm&p=4937339#post4937339
  7. While away on holiday my Father removed our Ethical Parking Permit ( as he thought it was the permit for our road) from our car which was parked on our buildings car park. We then received a ticket on our car saying we have a fine. The fine is for a "Contractual Breach" as our car was parked without displaying the permit. We own our flat and really don't see why we should pay this as it seems like blatant opportunism on their part as we have explained that we live there and it was a mistake. Does anyone have any advice? Many thanks in advance
  8. Received my first parking charge notice today .. its from G24, was about to pay it when i decided to research into it a bit more and found that many people do not pay fines from these types of companies. The notice states that i went over the free parking of 150 minutes, my parking period was 207 minutes.. they have cctv pictures of my car entering and leaving the retail car park (with the time and date). Also i am sure there is a sign entering the car park about the terms and conditions etc. So my question is should i pay or not? its £36.00 if i pay within 14 days or it goes up to £60.00 after 14 days. Many Thanks in advance
  9. Hi All Parked in Brighton last Saturday morning. Placed parking ticket on dashboard, checked it was in place after shutting door and went off shopping. Returned to find ticket on car floor and Contractual Payment Charge on window. Charge states that 'ticket falling from dashboard' will not be accepted as grounds for appeal. I appealed anyway on the basis that: 1. Tickets are paper, not adhesive, so cannot be secured 2. Weather was windy 3. Stated that I cannot be responsible for what happens when I am not at the car. There are many reasons beyond my control that the ticket could fall. My claim has been rejected by what looks like a standard letter. I have been told I can appeal to the IAS but if I don't pay the ticket within 14 days I cannot get the reduced amount (even if appealing). I would be grateful for any advice in appealing this charge which feels totally unfair as I bought the ticket. There was no intent on my part to evade paying for parking. kind regards Steve
  10. I was not the driver but the driver and their family went to Freeport outlet village Braintree on 2 April and parked in their car park which was believed to be a free car park. Travelled 45 miles approx to go there. Today I received in the post what's headed a Contractual Parking Charge Notice with issue date 9.4.15, and showing images of the car entering at 13.05 and leaving at 19.45, by which time the car park was of course fairly empty. The notice is addressed to me as registered keeper. I was not in fact the driver. The charge is £100 for "over staying" by 20 mins !! It states permitted free parking 360 mins and actual parking period 400 mins. the letter states the vehicle was parked on private property at Freeport Outlet Village, Charter Way, CM77 8YH: "By entering and parking the vehicle on our client's private property the driver agreed with G24 Ltd (the creditor) to be bound by the terms & conditions of parking shown below. The terms and conditions were clearly displayed at the entrance to and in prominent places within the car park. In accordance with the agreement, by leaving your vehicle in the car park in breach of the terms and conditions of parking the driver is hereby required to pay a parking charge the sum of £100. within 28 days of the date of this contractual parking charge notice. Term breached : exceeding the maximum duration of stay permitted at the Freeport Outllet Village....CM77 8YH. Term applicable : that a sum ( the parking charge) of £100. is payable. To date the contractually agreed parking charge has not been paid in full and we do not know both the name of the driver and a current address for service for the driver. If the parking charge is paid within 14 days of the date of this contractuial parking charge notice it wil be reduced to £60. If no payment is recieved within 28 days G24 Ltd wil forward the outstanding debt to a debt recovery agency and the dirver may incur additional costs for late payment. You are now invited to : pay the unpaid parking charge or if you were not the driver of the vehicel to notify us of the name of the driver and a current address for service for the dirver and pass this notice to the driver. Please be warned that if after a period of 28 days beginning with the day afetr that on which the notice is given i) the amount of the unpaid charge specified has not been paid in full and ii) we do not know both the name of driver and a current address for service of driver, we will have the right to recover from you so much of that parking charge as remains unpaid. Please see the reverse of this notice for further information on how to pay........ TO AVOID ADDIITONAL COSTS, PAYMENT MUST BE MADE PROMPTLY. Any ideas on how to respond to this? What if, for argumentss sake, the driver is now residing abroad? That is not the case but I'm just curious to understand how this would be dealt with in that situation. Is it worth doing a land registry search to find out who is the owner of the land and writing direct to them to object to payment? Just not clear on what basis I would argue it's not payable. Although no money was paid so on what basis was there a contract? Would be grateful for input. Thank you. ps where's the spell checker?
  11. Hi all, Hopefully someone will be able to help with our situation - I seem to be getting so much conflicting advice! Sorry this may turn out to be a long one... I currently live with my husband in a rented house. Our fixed term AST came to an end on 1st August, and as happens every year, the lettings agent pushed for us to renew the tenancy. As we are in the process of buying a house, we requested to move on to a periodic tenancy so we are not tied to a fixed term. After a bit of to-ing and fro-ing the LL agreed to this. All well and good, we thought - however, the agent still demanded a 'renewal' fee for us to move to a periodic tenancy under the same terms as our AST. This we reluctantly paid, which I now realise may have been a mistake. When we have rented before, after the fixed term came to an end, the contract automatically became Statutory Periodic, with us needing to give one rental period notice to leave. We assumed this would be the case with our current tenancy but, now that we are nearing exchange on the house we are buying, the letting agent now says we have to give 2 months notice, as per the terms of our AST. I gather from what I have read that if challenged they will argue that by agreeing to the 'renewal' of our tenancy, and paying the fee, that we have now entered into a Contractual Periodic Tenancy. We were hoping to exchange and complete on our house purchase in September, but if we are held to this 2 month notice period then the earliest we can leave this house is 1st November, meaning a very long crossover period which we would find very difficult to finance. So my question is, have we actually entered into a Contractual Periodic Tenancy? We have not signed anything to say we agreed to the terms the agent set out, nor have we had a new contract. It is just the fact that we paid the agent's fee that is niggling at me, otherwise I believe we have a strong argument for saying we now have a Statutory Periodic Tenancy, in which case we are able to give one month's notice, not two. If in fact we are in a contractual agreement, this is the clause in the original AST to which the agent are trying to hold us: 'Tenant's Break Clause: The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first Twelve Months by giving the Landlord not less than Two Months notice in writing to be sent by first class post or hand delivery to the address specified in the clause 1.1 of this Agreement, to end the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than the rent due date of month Ten and cannot expire any earlier than the last day of month Twelve. Such notice must expire at the end of a relevant period, being the day before the Rent normally falls due. Upon expiry of this notice this Agreement shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any rights and obligations under the Agreement apart from the right to a fixed term contract which is subject to this break clause.' Can this clause still apply now the fixed term has ended, given that we have not signed a new agreement? I have been referred to Section 5 of the Housing Act 1988, in particular clause 3e - but I'm not sure it applies in our situation: 3. The periodic tenancy referred to in subsection (2) above is one— (e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. Or, do we now not have a legal leg to stand on after paying the agent's fee? Do we just need to suck it up and either delay completion on the house or pay the agent's Early Release Fee of £558 (no I didn't miss a decimal point!) for them to remarket the property early? Any advice on the above would be very gratefully received from someone with a bit of legal know-how, or has come across this situation before. Sorry for the essay - well done if you're still reading! Many thanks in advance.
  12. Starting off another thread to get educated responses. We all know about claiming back excess bank charges etc. What i wish to concentrate on are excessive charges within any financial agreement. The Office of Fair Trading decided that charges levied on an account holder for a failed direct debit as an example will no longer be challenged by the OFT if below £12.00. It would be for a court to decide Under laws of contract, a company cannot charge any fees in excess of what it would normally amount to. A computer generated bill for £25.00 for saying a direct debit has bounced will be unacceptable and can be challenged, What i am interested in is if the Terms and Conditions of a finance agreement say a returned direct debit charge will be £25.00. If it is in the contract, will it be lawful under contract law, or still a penalty to reclaim ?? Will the The Unfair Terms in Consumer Contracts Regulations 1999 be the way to mount a challenge
  13. PLEASE HELP ME , i had a ccj against me in 2006 for £17.5k and with interest plus court costs it came to about £21k i was told to pay £40 per month but then i got made redundant i could not keep up payments i panicked and did a runner {I know i could go to prison} - no you cant!! i got a letter from HL Solicitors acting on behalf of Lloyds TSB who said fill in attachment of earnings order and make an offer of repayment or they will enforce the suspended attachment of earnings which was £40. My question is can i go back to the district Judge and ask him to lower it again or even write the debt off as i only work part time doing 2 shifts a week, £40PCM does not even cover the interest on this the debt is growing by at least £100 and i cannot physically do anything about it, Please advise me what to do my fellow caggers.
  14. Hi all, A bit of a long post below so apologies! Please do bear with me! Basically, I think my employer might be trying to get out of giving me my full contractual notice entitlement, however I am not sure. The bottom line is, I think if am entitled to something, then they should be fair and pay it. I think I could be entitled to 2 months payment in lieu of notice rather than a week’s payment in lieu of notice based on the following: - My initial employment offer letter stated that my probation period was 3 months long and that the required notice in regard to termination of employment was 2 months, after the probation period expired. During the probation period the required notice was one week. (Please see picture LINK: http://tinyurl.com/termnotice-A ). - Page 12 of the principal terms and conditions of my employment dispute this ( please see LINK: http://tinyurl.com/termnotice-P12 ), saying that confirmation of employment from the HR director is necessary for the 2 months notice period to apply, but on page 2 of my principal terms and conditions it says the offer letter prevails in a dispute between the offer letter and the terms ( http://tinyurl.com/termnotice-P2 ). - My probation was extended to roughly 6 months ending on 5 July 2012. The letter at B below ( http://tinyurl.com/termnotice-B ) says that during this period (not after) notice period on employment termination remains at one week. - My employment was terminated on 11 July 2012, after the extended probation period had ended. I think it was due to be terminated on the 6 July 2012 but was delayed. Per the initial offer letter ( http://tinyurl.com/termnotice-A ) which states that after the initial probation period the applicable notice period is 2 months, I think the notice my employer should have given me, in regard to the termination of my contract would be 2 months, and that I should get 2 months notice pay, as my termination was after the extended probation period had ended. What do you think? Relevant document images are included as links below. It’s a long post thanks so much for reading and your time, any help is very much appreciated! Am pulling my hair out here! --------------------------------------------------------------------------------- Links / Appendices: A: Extract from my initial offer letter detailing notice periods. Employment began on 9-Jan 2012. LINK: http://tinyurl.com/termnotice-A B: Letter extending probation period to 5-July of this year. LINK: http://tinyurl.com/termnotice-B My employment was terminated on 11-July, after the probation period had ended. It was due to be terminated on the 6-July but was delayed. C: Please find below links to images of the terms and conditions of my employment. (The first linked page states that offer letter will prevail in the event there is a discrepancy between it and the terms and conditions). Further image links: LINK: http://tinyurl.com/termnotice-P2 LINK: http://tinyurl.com/termnotice-P3 LINK: http://tinyurl.com/termnotice-P4 LINK: http://tinyurl.com/termnotice-P5 LINK: http://tinyurl.com/termnotice-P6 LINK: http://tinyurl.com/termnotice-P7 LINK: http://tinyurl.com/termnotice-P8 LINK: http://tinyurl.com/termnotice-P9 LINK: http://tinyurl.com/termnotice-P10 T+C’s page 10 says notice only 2m after confirmation, however I would dispute this based on offer letter, which says notice changes without mentioning any confirmations required. T+C’s state offer letter prevails over T+C’s in a dispute. LINK: http://tinyurl.com/termnotice-P11 LINK: http://tinyurl.com/termnotice-P12 LINK: http://tinyurl.com/termnotice-P13
  15. On the BIS.gov.uk website the relevant section relating to holiday entitlement on termination contains the following paragraph: "If a worker's employment is terminated, they have the right to be paid for leave accrued during the time of employment, no matter how short a period of employment. In such cases, holiday entitlement is based on the date they would have left if they had worked the full notice period, unless the worker agrees otherwise." Is anybody able to confirm, with regard to the second sentence that I have emboldened above - does this actually have a basis in law and, if so, where is it to be found - employment act, working time regulations or specific case law?
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