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  1. Hi Al I have a clean driving license I am 45 yeas old. I am a doctor by profession and have had a clean medical record I received a NIP for doing 76 on 50mph on the motorway. Asking for advice rather than being told off Ive contacted few 'free initial advice solicitors' I gather the options I have are 1. plead not guilty ( I don't think Im going to that) 2. Plead guilty and hope for mitigation The offence allegedly carries 6PP and maximum £2500 ( n view of Motorway) I have clean driving license. One firm told me tat they can mitigate for me for my circumstances and get me a 7-56 ay ban which think I can cope with My questions are 1. If we ( solicitor and I0) mitigate for this option instead of PP, I think my license will be endorsed for 4 years. This will have an effect o my insurance, but after years have passed by, is it still taken into consideration for insurance purposes. For example I am aware that I money has penalty points, after 4 yeas the are no longer on the license and after4 years one does not need to declare them to the car insurance companies. Is hat he same with a disqualification lasting les than 56 days 2. I am a medical professional . Please dont attempt to shame me I unintentionally exceed the limit according to the speed camera and hold my hand up. Will any conviction ( e it 6PP r shot ban) be criminal record? It does have implications because I will have to declare it to my professional body, which I would certainly do. It may cause me to be suspended for 3-6months Finally, I have looked on the Gov website. What is the code for a short term disqualification ban which will appear on the license. am not talking about BA10 an BA30, which I believe are driving whilst disqualified. Rather, asking what code will be displayed on my license if I am disqualified for less than 56 days Your feedback is appreciated Many hanks
  2. New research on the long-term health of 2 groups of older veterans READ MORE HERE: https://www.gov.uk/government/news/new-research-on-the-long-term-health-of-2-groups-of-older-veterans
  3. 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.
  4. 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.
  5. I have been off sick since the end of july due to the fact my knees starting giving way (I do a lot of walking in my job ) I had to wait for the op that sticks a camera in both knees and trys to repair the damage . Had the op and the specialist comes in and says ive got good news and bad news , Good news is ive repaired the damage to the cartilage, bad news is I found something I was not expecting so I took a biopsy fast forward to just before Christmas and she the next specialist and he confirms it as rheumatoid arthritis, my scores they use were off the scale and it had spred to shoulders elbows writst to a lesser extent. The company has paid me all I am entitled to due to SSP and sick pay and now I'm on contribution based esa . However they do not seem to be in a hurry to get me back when I talked to the union guy in November he said its because they are not paying you now it doesnt come out of their budget . The problem I have is I cannot forsee me returning to the job I did before due to the damage done to the joints however I would be capable of a desk job/office . The problem being is they are few and far between . Also if I return to work and have to go off again then they could get rid of me due to attendance ie sickness . because they would count it as 2 periods of sickness . They do not want to make me redundant due to ill health because it would cost them a lot of money due to a deal with the union at the company , I have asked the union rep to talk to the manager to see whether they could arrange something for me to return to work in the office that I could put in front of the specialist so he would agree for me to return to work at the end of the month but so far not a whisper . I really need to push this issue because of financial pressures building as well as my sanity not being at work
  6. I have been granted a Tier 2 ICT Long Term Leave to Enter Visa valid for the next 5 years. I just wanted to clarify a remark which says 'Restricted'. Just wondering what restrictions apply to me in terms of employment. Can I continue working with my current sponsor and take an additional job in the same profession and at the same level as my main job for up to 20 hours per week?
  7. Noddle seem to list normal long term loans under "Short Term" on the basis that the lender provides daily information under a new system called MODA. Is that legitimate ?
  8. Hi, thought I'd see if I could find any useful advice here. I'm very anxious so any good pointers much appreciated! I'll keep it as brief as I can: I'm a one-man IT dept for a medium size organisation - permanent position that has risen in seniority over 12 years. My line manager is proposing a reorganisation that will end my current role and replace it with an extremely similar role on a 2-year fixed term contract. Redundancy is an option, and I am unsure as yet if 'they' are keen for me to take it, or take the new role. I want to stay on, and I believe the new role is precisely my current role just with a new job title and an improved job description. My current job description is pretty vague, but the new role describes precisely the work I have been doing for years. The only real difference is that some more junior responsibilities will be removed and given to a new, junior role (which is great). If I take the new role on 2yr FTC, I presume I will not get redundancy at the end of that contract if they choose to let me go. I cannot afford to lose my job security like that! I have a 1st consultation coming up, and I will argue that the new role represents what I do currently. So my questions are... Can they do this? If I can prove that the new role describes precisely what I currently do, can they still make my post redundant and leave me with the choice of changing to FTC? If I took the FTC, might I nevertheless be considered to have been continuously employed for my 12 years+, and would that render the 'fixed term' irrelevant as I would be considered permanent in law? I don't know, but this is a possibility I have gathered might be the case from googling around. If 'they' would rather I left, can they even make me redundant when they are replacing my role with such a materially similar one, albeit FTC? I have absolutely no history of failing to perform or being told of any problems with my work, so there are no grounds for dismissal. As I said I'm going to argue that the new role is my current role, I want it, and I don't want to be FTC. I think I have a good case, but I'd love to be able to reference actual laws that back up this position! Thanks again if anyone has any guidance.
  9. I've been on benefits since 2005 because of ill health. I have a hormonal inbalance which is associated with many mental health and physical comorbidities. Also alcohol dependent since 2005. I'm waiting for a medical detox for the alcohol and then going on hormone replacement. I know because of the big gap on my cv (unemployed for almost 13 years), I'm going to find it very difficult finding a job. I'm just wondering if anyone knows of any organisations that help the long term unemployed? Thanks.
  10. Hi All, A friend of mine is having a problem that I'm helping with. He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017. They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143) He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working. He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders. He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car. I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses. I sent this to the finance company as well asking for acknowledgment, they haven't as of yet. So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days. it's nearly a week and they have the car, the report, his money and he doesn't have any transport. Thoughts?
  11. Hello Everyone, This is a piece of advise for my mother who is currently going through lots of old paperwork. Back in 1990, she and my grandfather bought a house between them, both named on the mortgage with the Nationwide. Both her income and his pensions (he was 70 at the time) were used to get the mortgage. Both had to have Decreasing Term Mortgage insurance linked to the property in the event of either of them dying as it would clear the mortgage. In 1992 my grandfather died and whilst dealing with his affairs, my mother (and I as a teenager) visited our local NW branch where we were told that the mortgage would be cleared in full due to his death. The amount at the time was circa £20000. This was a Friday afternoon and I clearly remember how relieved my mother was as this was a huge pressure lifted off her mind. Our home was secure. We had been asked to return on the Monday morning following which we did. On arrival my mother was taken aside and apologised to by a senior member of staff. There had been a mistake. Due to my Grandfathers age (72) the insurance would not pay out as he was not covered. The premiums were up to date and like I said the policy was sold less than 2 years previously. Apparently he should never have been sold the insurance policy due to his age at the time of taking out the mortgage. My mother was very upset and the member of staff apologised again stating that due to the mistake, the NW would refund the policy payments made. It was a few hundred pounds and no where near the £20000 she was expecting to be getting paid out that day. And that was that. Back then with no internet and my mum was a lay person, she took what the NW said at face value. She was a long standing customer 15+ years at the time and trusted the staff to know what they were saying - even though they had messed things up big style when selling the policy alongside the mortgage less than two years previous. Ive tried looking online but to little avail as this seems quite a rare instance nowadays. Can anyone advise as to the best way to try and gain some redress with this issue please? I think it was handled appallingly and NW should have swallowed the mistake back then. Thanks.
  12. Hi Advice please. I'm likely to be unable to pay off the capital amount owing on a mortgage with Woolwich in 3 years time. I've informed Woolwich of this and all they say is try and pay off as much as you can and then you'll be able to extend the mortgage with them when the term ends. I've got a great tracker deal at the moment which is interest only. Woolwich have calculated that any new repayment mortgage with them will be approximately £500 to £600 per month which I won't be able to afford. I got made redundant 5 years ago and have struggled to find full time well paid work since. I now work part time and am trying to pay off as much as I can. I 'm 62 this year and I have got a small private pension which was given to me as part of my redundancy package. My mortgage ends when I'm 65 and I don't really want to be paying a mortgage after then. My endowments didn't pay out as much as expected and I did get some compensation which I paid off some of the capital owing. I know that I can downsize my house and pay off the mortgage but I don't really want to do this just yet. Can anyone suggest any alternative options. Many thanks for any help given. Best Regards Baching Mad
  13. Hi everyone - I have an interest only mortgage made up of several loans (totaling approx £225k) the largest of which (£90k) finished its term about 8months ago. Bradford and Bingley sold me to Engage credit about 18mts ago. The endowment was cashed in about 10 years ago as a bad performer I used the money to pay the mortgage during a difficult time. B&B were aware of this but were happy to allow me to sell the property to eventually redeem the mortgage. At the end of term, Engage allowed me 6 weeks to get the property on the market and it has been ever since. My estate agent has been diligent, we have priced the property carefully - we have had viewings but as yet no buyer. We are doing are very best to sell , we have no arrears and Engage have seamlessly been collecting the monthly interest. My wife and I are both pensioners in our 60s with no chance of remortgaging - we are desperate to sell at the reasonable price we want - to acquire another smaller property mortgage free. I understand that Engage could start repossession proceedings any time. I had a phone call yesterday telling me that they had been very patient (even though they were collecting the interest) and my case now needed to go before management for a further decision. What are the chances that, if it comes to it, the County Court will allow me an extension to sell the property? Can Engage really want to chuck a couple of pensioners out on the street -could that really be part of their corporate manifesto?
  14. Evening Can anyone offer any advice. My secured loan is due to end on the 4th July 2016, it was originally with GE money who sold to Prestige finance. Original loan was unregulated 30k, to date paid back 89k. There is still a balance of 10k made up of charges and additional interest. I will continue to make payments but wondered what will happen now, can they charge whatever interest rate they like because the original agreement has/will end? Any advice greatly appreciated before I ring them to negotiate. Thanks in advance
  15. Hi, Can anyone explain legal term in Assured Shorthold Tenancy agreement'...execusion of this agreement..' Rent in advance was paid on execusion of this agreement and then mothly afterwards. The agent twists this part. Thanks,
  16. we had a loan with blemain, which I will admit we didn't run well, however we got right through the 99 month term and paid as per the instructions and monthly agreed amount. However after the loan term ended I contacted them to make sure that we were clear and got told we still owed £14009 as far as I can see from the breakdown they have sent me this is charges for missed payments/letters/phone calls etc etc, but this is nearly 50% of the original amount we borrowed and just seems completely and utterly wrong, I got in touch with the ombudsman but because its an unregulated loan there was nothing they could do, I have had to agree to pay £245 per month until this is cleared, but I just don't feel right doing this, can someone please help, as I really don't know which way to turn, if I don't pay the monthly fee agreed they have threatened repossession.
  17. Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice
  18. Hi all, I'd be really grateful for some advice on the following please.. Email 'Subject to Contract' from July 2015 gist as follows: 1. Annual basic salary of £XX,XXX 2. Annual performance related bonus of £XX,XXX (providing OTE of £XX,XXX). As discussed, your first quarter's OTE of £X,XXX will be paid to you regardless of the sales achieved during this period subject to satisfactory completion of the three month probationary period. 3. Statutory holidays plus 20 days per annum vacation. Official working base XX, formally confirm acceptance of this post and a full contract of employment will be drawn up. Accepted and started the job beginning of September 2015. - No contract supplied despite the email from July 2015 and me asking for one both verbally/in writing on more than one occasion. - No performance reviews or final performance review, probationary period end was at the beginning of December 2015. First meeting late January 2016: With line manager and another senior manager, not told what it was about - titled 'review', no notice/time to prepare and not informed of right to be accompanied. Told I was not being sacked or dismissed just that my probationary period was not being extended; this was purely due to the financial position of the company - a restructure which affected other members of staff. I'd receive two weeks' notice instead of the statutory one week. I said I did not agree, that I had already passed the probationary period as I had not been told otherwise or had any performance reviews. I was then told there were business reasons for the delay (business owners compassionate leave). Got slightly heated and asked how much longer I'd be working for the company, I was told to go home and to come back the next day. Second meeting late January 2016: Told it was just a normal day then had a meeting with senior manager and someone external HR (on their side), offered right to be accompanied but as I'd only been there a short period of time I didn't ask anyone. Same position from previous day reiterated, HR told me I should have requested performance reviews myself. I asked at end of meeting for payment of my £X,XXX bonus as it wasn't dependant on sales but simply passing the probationary period and also a months notice as that would be usual for a position such as mine. The meeting was adjourned to ask the MD, was told that I had failed my probationary period due to performance reasons (the only condition on payment of the bonus and in contradiction to the previous days meeting).. - Not provided with copies of any meeting notes despite asking for them verbally. - Formally requested payment of the £X,XXX bonus via email - two week deadline - now passed. - Dismissal letter states I failed to achieve the responsibilities outlined in my job description and gives an example of failing to delivery a commercially driven strategic growth plan. - Appealed the dismissal at the beginning of February stating points above, crux was as I had not been informed I had failed the probationary period and there was no contract stating it could be extended I am deemed to have passed it and the bonus should be paid. Regarding poor performance example, I created the strategic plan in the first couple of weeks of my employment, was decided after a week I'd be responsible for less than the job description how could I deliver something I wasn't fully responsible for? Had been given a really slow old computer only sorted mid November 2015, systems not in place/being set up despite me raising this - which was taking up considerable time daily and insufficient stock of best selling products etc. I asked for further details as to why I'd failed. Attended an appeal meeting Couple of weeks later, accompanied by a colleague after great effort. Meeting consisted of the managing director asking me lots of questions and only asking me toward the end if I had any points to discuss (points from my appeal not fully discussed). They took a picture of my notes and I took one of theirs. Appeal outcome Dated same day of appeal meeting - original dismissal decision upheld, saying I did not meet the expectations and responsibilities of the role as detailed in my job description. Especially prevalent in areas of leadership, management and dealing with workplace issues and challenges. They also say I acknowledged my role did not materially differ from non-managerial junior colleagues. Just wondering how best to go about getting the bonus I was promised? I've waited a couple of weeks since the appeal to make sure I get the rest of my outstanding pay, I've had the pay slip so it should be in my bank Monday. I have spoken to acas a few times but they give differing advice.. I've been told I can go to acas early conciliation for free, if the employer refuses or it doesn't work out I could then take them to a tribunal at a cost of £400 - may be paid back to me if I win. Unfair dismissal is unlikely as I have short service, wrongful dismissal and non payment of wages may be possible but I'm told it is my word against the employers due to not having a companion in the first meeting. I've also seen online I could take them to small claims court for the £X,XXX bonus and someone else had mentioned about submitting a statutory notice for winding up (but I'm not sure if that is more for freelance people rather than employees). Is it worth making a SAR to my employer at all? Sorry for length! Thanks in advance, chaoticj
  19. Hi I wonder if anyone can help me. My daughters boyfriend has just received a letter telling him that he has to attend a meeting due to his sickness levels. Now before I go any further I should explain that he ruptured his ankle ligament 7 months ago and was initially signed off sick and then returned to work but with difficulties. He works for xxxx and obviously has to wear safety boots which he found difficult and painful at times but nonetheless he did so. So alterations were made for him despite asking for them and so he just struggled on, probably doing more damage. At the beginning of February he had an operation on his ankle and is now on strict non weight bearing instruction from his consultant for at least 6 weeks. He informed his employer as soon as he knew about his operation date and has kept them informed overstep of the way. He has today received a letter telling him that he has to attend a meeting, at his work place, on Tuesday to discuss his sickness record. Naturally he is very upset at receiving this letter. I should point out that he has also had other issues with the company i.e. not being paid correct and when he has questioned this he has been told that there is nothing that can be done for that month and that it will be sorted in the following months pay and that he will have to pay basic rate tax on that amount even though he doesn't earn enough to pay tax. He has read the letter to me and I found it very threatening. Any advice would be very much appreciated. Thank you
  20. Hello, I have a question and I was wondering if someone could help me. My manager has some health issues ( depression among other stuff) and during the past 3 years he has been off for a total of 9 months. 5 and 4 months continuously during 2 years and has now been off for over a week. I have a feeling he will get another long term leave which of course as it is health related I totally understand he might need it. But the issue is that every time during his long absence , I end up doing his job and it involves allot of stuff. For the 9 months I did his job I received absolutely nothing from the company and only a thank you after i complained about getting a pay rise ( which of course i did not get). So i would like to know if I can demand or is my company obligated to pay me more if my manager goes on another long term absense. If I do not receive anything can I refuse to do his job even though I am the 2nd in command? I am happy to the job if he is on a short term sick leave ( 1 -2 weeks) or if he goes on holidays , but for more than that , I have had enough Thank you in advance
  21. Hi, I've been employed by my ftse 100 company for approximately 14 years. Our payslips are complex with overtime, benefits, car allowances etc but I noticed on a yearly statement I have received £600 last year. On further investigation of the payslips it appears I've been being paid a £50 allowance monthly for additional responsibility. About 1%ish of salary so I didn't notice a huge amount going into my account. I've informed my line manager that I am receiving this payment and to my mind shouldn't be as I've no idea what it is for. I assume he will discuss with the elusive HR team. I don't have any issue paying back over a long period. Are there any legal threats to my employment position? I can't see anything specific in my terms of employment? Thanks
  22. I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'.
  23. I have had an ongoing claim with Jet2 for compensation following a fight delay in Feb 2011. There are six family members in the group, my wife and I, and four children under 16. I am the lead passenger and paid for the flights and the booking was made using my Jet2 account. It was a technical fault and they have been using the “unexpected circumstances” excuse since 2011, and most recently said they were waiting the outcome of their appeal to the Supreme Court which they said would affect the outcome of my claim. When the Supreme Court refused permission for them to appeal, I wrote again asking for the full amount plus interest. They have now asked me to submit a separate claim for each individual or they won’t consider them. This is the first time since I first claimed in 2011 that they have made such a request. After my initial claim, they made a partial pay-out for our allocated seats booking-fee, all on the same claim. So they have the all the passenger details and they have even partially paid out on the claim. I am inclined just to go straight to the County Court now because they are obviously just time-wasting. In my most recent letter, I said that if they did not inform me within 14 days of how and when they are going to compensate me, I would pursue the matter in the court. Am I now justified in taking them to court? Is it reasonable of me to expect a reply in two weeks after an almost four year on-going case ? Their normal reply time is six to eight weeks. If I don’t submit the claims again individually, would they be able to use that as reason for not paying if I go to County Court? Many Thanks
  24. Good morning, I originally joined xercise4less in January 14 after a phone call from a sales person. I was reluctant but they talked me round by offering two months for free & £9.99 a month there after. Even though the gym was 18 miles from my home I niaevely agreed to become a member. I didn't/haven't used the facilities once & in February I emailed the operations manager asking to cancel my membership but received no reply. I left it until April and sent another request to cancel via but again didn't get a response. In September I noticed they were still taking the amount so I cancelled by direct debit. Now I am receiving threatening letters saying I owe £69:98 with x2 £25 'admin' charges and the threat of court. I've rang xercise4less but been told the manager isn't available - I've emailed the operations manager again and haven't gotten a response (I see a pattern here) however when I messaged them publicly on Twitter they responded (funny that!) but in their DM they have simply said "Sorry however unfortunately you cannot cancel your membership via email unless you have this agreed by the operations manager - do you have this indicated in your emails" I replied stating that I hadn't received a reply and asked how they could resolve the matter but they have not responded. I'm not sure why an email won't suffice when the only contract I've received was via email and I haven't signed anything from them. In fact the only letters I have received were from Harlands threatening me and charging me x2 £25. Do you have any advice for me - I can't have a CCJ against me because of my employment. They have no responded saying that "unfortunately in this instance you will need to pay the cancellations charges - what is your contact number so a member of the membership team can contact you?" I feel this is completely unfair - howe should I respond.
  25. Hi I'll break it down as I have a few queries. SITUATION On 3/12/2013 I signed a Subject to Contract form at the letting agents, and paid the deposit, first months rent etc before moving in on 6th January 2014 on a 6 month AST. at the end it then rolled onto a periodic rental, which I then signed up for 12 months fixed contract in December 2014. I received a leaflet called "What is the Tenancy Deposit Scheme" and in my tenancy contract it says "It is protected by the following scheme - The Dispute Service www.tds.gb.com" I do not hold any further information on the deposit. 3-4 weeks ago, the letting agents telephoned me saying I needed to come in to sign up again, and that my landlady is increasing my rent (about 9% per month extra) I explained that as I was looking to buy my first home, I cannot commit to a new 6/12 month tenancy. He said that I had to sign up, and I explained that last year I had been on a periodic contract for 6 months, before renewing for a further 12 months, and my landlady had previously had no problem with this. He then called me back after speaking to my landlady and informed me that she was not happy with this as her financial situation had changed, and she cannot rely on me giving 1 months notice on a periodic tenancy. I explained very politely that I had already given my reason why I am not committing, and he became very pushy saying that house sales take on average 12 weeks to complete, so if I was to start looking in February, then I would be able to move out after the 6 months AST expires in early June. (Ok, no one tells me what to do!) I briefly explained that I'm a first time buyer, and there are plenty of houses in the area with no forward chain, so the sale could be a lot quicker. He then said that if I don't sign up then I would not have much choice, and finding another property for a short-term let whilst waiting for my house purchase to go through would be very difficult, as most agents sign for a minimum of 6 months. I panicked (all bravado went out the window) and offered to give my landlady 2 months notice to quit if she let me stay on a periodic tenancy, and I also agreed to the rent increase. He has phoned me twice, asking me to confirm this. I returned his call after his first voicemail, confirming this with his colleague, and when he called me again and left another message asking me to confirm, I didn't bother returning his call as I was pretty fed up with him by now. Question 1. I emailed the letting agents to ask about the deposit, and they said that they hold a copy of the certificate - would I like to see it? Is this a breach of any law by not automatically providing it to me? TDS website says it cannot find any record of my deposit using the information I provide - name, postcode, deposit amount. Question 2. Even though I have verbally accepted the rent increase, should I receive proper and legal notification of rent increase, before I pay the higher amount in December? Question 3. As I agreed verbally to provide 2 months notice to quit when I go onto a periodic rental tenancy, to avoid my landlady serving me a Section 21, do I have to do this by law? Question 4. My copy of the initial 6 month AST has not been signed by the Landlord/Agent - should it have been? From memory, I think they signed the copy they kept (they had printed off 2 copies, as opposed to giving me a photocopy of the original one). Question 2 and 3 relate to that I really did panic, as I don't want to have to move out for maybe 2 months before moving into the place I hope to buy, as I'm worried how the mortgage lender will view this in terms of credit scoring, making sure I'm on the electoral roll etc. If I do have to commit to the rent increase, and 2 months NTQ then fair enough, I've learnt my lesson for agreeing anything under pressure. It's since I've tried to locate my deposit, that alarm bells are ringing. It took my landlady 6 months last year to replace broken fence panels, which really peeved my neighbours off. They understood it wasn't my fault and that I had chased it up 3 times. When the fence was finally replaced, it was a 3 foot wire one provided by the council (the landlady had bought an ex local authority house conversion flat). Why it took so long, I have no idea. We were all laughing when it was fitted, as had we of known, we would've spent £20 purchasing it ourselves, rather than waiting for the council maintenance department to fit it. The tenant downstairs is a local authority tenant and asked me to contact my landlady as the guttering at the back of the property is leaking badly every time it rains. This was 3.5 weeks ago, and we've heard nothing. Any information is greatly appreciated. Thank you
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