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    • HI all, So I work for a company who offers a review service for large companies, whereby customers can review products and/or services and the reviews appear on the companies own site My job, along with roughly 10 others, is to moderate those reviews. We're all on a zero hours contract, so we do work as and when it's available. The way the system works is for every 120 reviews we moderate, we get paid the equivalent of the basic minimum wage, so £11.44 per 120 reviews. If this were a steady supply of reviews, it could be a decent income, but it's not, so you end up spending a lot of time doing nothing and not being paid for it, such is life For the last 3 months or so they've had an issue whereby a lot of reviews were duplicated up to 15 times and we were told to moderate those as we would normal reviews, so you can imagine how many reviews we've been having to moderate, my moderated review count was probably around 4x the number I normally do, almost throughout the entirety of June this was going on for. So being quite excited about the prospect of a boost in income, to my and other mods surprise and shock, we're not being paid for all those extra hours and work done, for the past 3 months when the issue started.. We're only being paid for the non duplicate reviews, plus 5% on top. So in my case, instead of receiving around £1500ish for the month of June, I'm only receiving around £500 I mean, I get it, marking each of these duplicates was very quick/easy, as it was a repeat decision from the previous 14, but to let us do all that work and not pay us for it?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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RBS Solicitors letter but still no CCA


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Hi,

 

Sent s78 letter to RBS, received on 8/2/08. No reply at all until today, then solicitors letter.

Must pay arrears within 7 days or going to court. Should I send them a s78 and let them know the account is in default?

Odio los bancos con una venganza

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Send them this

Dear Sirs

 

With reference to your letter of date I would like to inform you that I sent a request to RBS under s78(1) of the CCA 1974 on 8 February 2008. RBS have not complied with this request within the statutory period and the account must therefore be considered in dispute and RBS in default.

 

Your letter referenced above is an attempt to enforce the agreement contrary to s78(6) of the Consumer Credit Act 1974 which clearly states:

 

"(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence."

 

I would remind you that if RBS have not complied with my request under s78(1) by 22 March they will have committed an offence under s78(6).

 

Whilst RBS are in default there is no obligation on me whatsoever to make payments against the alleged debt and neither may RBS demand repayment of the alleged debt. Further, I would remind you that RBS may not add charges or interest to the account and may not pass information to any third party including but not limited to Credit Reference Agencies. In the absence of a properly executed agreement, such an act would also be an offence under the Data Protection Act 1998.

 

Please note that I will report any offence under the CCA 1974 or Data Protection Act 1998 to the relevant authorities and will make details known to the court should you (or I) begin court action.

 

I trust this makes my position clear.

Make sure you keep all correspondence.
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Received a letter from Triton yesterday threatening 'further action' if account no brought up to date. Also another solicitors letter on behalf of Triton threatening me with legal action in 7 days. So I will send the folowing letter to Tritons solicitors today. Do I need to send a copy to Triton or will the letter to their sols suffice?

 

 

 

 

4 March 2008

 

 

Dear Sirs

 

With reference to your letter of 3 March 208, I would like to inform you that I sent a request to RBS under s78(1) of the CCA 1974, received by them on 8th February 2008. RBS have not complied with this request within the statutory period and the account must therefore be considered in dispute and RBS in default.

 

Your letter referenced above is an attempt to enforce the agreement contrary to s78(6) of the Consumer Credit Act 1974 which clearly states:

 

"(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence."

 

I would remind you that if RBS have not complied with my request under s78(1) by 22 March they will have committed an offence under s78(6).

 

Whilst RBS are in default there is no obligation on me whatsoever to make payments against the alleged debt and neither may RBS demand repayment of the alleged debt. Further, I would remind you that RBS may not add charges or interest to the account and may not pass information to any third party including but not limited to Credit Reference Agencies. In the absence of a properly executed agreement, such an act would also be an offence under the Data Protection Act 1998.

 

I would be obliged if you would inform your clients not to contact me and return this account back to their clients.

 

Please note that I will report any offence under the CCA 1974 or Data Protection Act 1998 to the relevant authorities and will make details known to the court should you (or I) begin court action.

 

I trust this makes my position clear.

 

Yours Faithfully

 

Star Scream

Odio los bancos con una venganza

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Very interesting reading as I am at the beginning of taking Mint to court which is an RBS company.

 

Have filed for charges to be reclaimed, but also have requested the CCA as they have informed the court that they intend to defend the claim in full.

 

After going up against Citi who were awkward in the extreme thought I should have all angles coverred.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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