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    • The client wants workers under 48 hours.   The client pays the wages.   End of story.
    • Thank you all for your comments....   What do I do now? do I just ignore them? or is there a letter I can send?
    • Guys/gals,   There's been a misunderstanding and for that I apologise. I didn't answer the initial questions because my appeal was just a couple of days away and didn't want to get bogged down with extraneous things that were not factors. I also - perhaps erroneously - got the impression that the questions were stabs in the dark hence my "if you don't know just say" response. Plus I thought my OP answered the questions however upon re-reading it I can see it may not to non-employees. Finally,  didn't want to make myself identifiable if my employer is reading (hence my redacted OP). I wasn't intending to seem difficult.   Short version: My employee has limitless OT to spare - it just wants to restrict people to WTR limits because that's what the client wants. They're happy for me to work OT once I'm under the 17 week WTR average. My appeal has been delayed from to this week so any help is appreciated.  I am one of the protected characteristics as stated in post #14.   Longer version (including answers to questions/points raised)   Why do you think other employees are able to work paid overtime hours without prior approval from the employers? Because they're not at risk of >48 hours. I am and that's why I've been told that I must have my OT pre-authorised so that I don't >48 hours. They were happy for me to work 60+ hours a week until I did so for 3 months in a row and hit the WTR limit. That's when it came to light that the client we work for states that employees must stick to WTR and my employer appears to not want to upset the client.    Ironically, when I checked their relevant HR page everything was factual in relation to WTR, it just assumed everyone would stay in WTR and didn't mention the right to opt-out. Also, when my employer took up the fight for me with the client and explained that I'd opted out, the client reportedly said they were unaware that employees can opt out.     Have you picked arguments with the company managers previously about any issues?  Are you in a more senior position and thus more expensive?  No to both. It's simply because they don't want me to exceed WTR limitations on working hours. We work on a contract for another company who stipulate their own employees must abide by WTR and therefore we must too. My employer was initially happy for me to log as many hours as I want and only changed their mind when the client pushed back.   They're happy for me to work OT just as long as I stay under the WTR limit of no more than an average of 48 hours across 17 weeks.     The company may be doing it for your welfare - do they think you are stressed, taking too much on? They may not think your output justifies doing so many hours so can refuse. They may want to free up some OT hours so others can do a few. None of these reasons apply and there is limitless OT on offer so it's not a case of wanting to share it around. About 10% of employees do OT and the company would be delighted if it was 100%. They just don't want any one person working >48 hours. Anyone can work any hours they wish outside of their normal schedule as long as they don't breach WTR. So last week we had the situation of my employer desperately begging people to work OT as they had a massive shortfall on hours and were not going to meet their commitments to the client and everyone was eligible except me. As much as they wanted to include me, as much as they would have gleefully accepted my 20 hours of OT, they felt that they couldn't and it was lose-lose for both of us.     In summary I felt it was discriminatory because:   1) The site is open 120+ hours a week and has an open-door policy on OT - the more the better and the company constantly begs for it and falls short of client requirements for number of logged hours.   2) They're initially happy for agents to work as much OT as they want and for months on end. Until you hit the WTR limit - even if opted-out   3) They insist on forcing employees to stay within WTR limitations despite employees opting out and OT being available - in which case employees are being denied not for valid issues (eg: welfare, performance issues, limited OT hours available) but because they just don't want that particular employee working the OT that a) is available and b) ends up being unfulfilled   4) So to me, it's discrimination to admit they need the hours working, they'd be happy for me (an opted-out employee) to work them if I hadn't hit the 17 week WTR average, and are only enforcing WTR because the client wants it 5) As it stands, they'd accept requests from every employee except me to work 4pm to 11pm on Friday. Likewise, they're canvassing every employee (except me).   6) They say my opting-out of WTR doesn't give me a legal right to work >48 hours but that is exactly what it does. If you have not opted out then it is illegal for you to work >48 hours therefore opting-out absolutely gives the legal right to work >48 hours. That doesn't mean a company is obliged to offer OT when it normally wouldn't or to extend it's opening hours to accommodate an employees demands for OT but it does, by default, give the legal right to work >48 hours if they OT is available. And the OT is available at my work.   7) As far as I know I am the only person of my protected characteristic and I am also the only one prevented from working >48 hours. Maybe there's a link, maybe there isn't.    
    • Jamie [email protected]   So @MarcusRashford had to shame the government in to feeding hungry children while Boris was trying to build £150,000 treehouse for a six month old child?        and That actually should say So @MarcusRashfordhad to shame the government in to feeding hungry children while Boris was trying (to get someone else) to pay to build £150,000 treehouse for his six month old child? 
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Could somebody answer me this question please, coz i dont know what to do.


jimlfc6
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I am due to be charged £50 at the end of the month due to going over my agreed overdraft twice by accident.

 

I am really worried that this £50 is going to be taken directly out of my account, even though i have rung the bank and wrote to the bank stating that the charges are unlawful.

 

The main thing that bothers me is i cant even afford the £50 at the moment and it is going to stop me either paying my rent or being able to get anywhere near enough food in for my family, is there anyway i can stop them taking the money or make them accept a minimum amount each week instead of one lump sum, because if they do i am getting myself into financial trouble.

 

I know it is only £50 but, with me having so little money right now, i really need it.

 

I went into the bank in person and asked for them to take it in small amounts, but her reply was that her hands were tied and she could do nothing, even though she simpified.

 

please any help would be great.

 

Thanks

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I am really sorry to say that they will more than likely just take the money from your account on the date they have set. As you have already written, phoned and spoken in person to the people at your bank, the only thing I can suggest is to try and make an appointment with your bank manager and explain the situation with him/her. If your account is usually in good order (and it was a genuine error on your part that you went over your limit), he/she may make a decision to stop the money coming out of your account as a gesture of goodwill.

 

I don't think there is really anything else you can do. You could open another account somewhere else and arrange any money due in to go into the new account . Then just let them take the charge from your account and commence a claim against them.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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thanks for your reply, i went in person today and explained my money situation, she seemed like she wanted to help, but said her hands were tied and she could do nothing to stop them taking the money.

 

just shows how annoying it is in my opinion that this is taking so long in court, because people are still getting charged while they cant afford to pay it. When they put a freeze on anyone making a claim against the banks, there should have been freeze on them taking any money off us, until a decision is reached.

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Hi, jimlfc6.

 

Are you on Benefits ?

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Jim

 

Use this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

I would take in to the bank and hand it in in person, I would also print off a second copy and get the Manager (whoever to sign you copy as a receipt)

 

Jogs

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no i have a full time job, but my partner dosent work, so we get like child tax cred, working tax, and housing benefit, because i am on a low wage.

 

unfortunatly, after everything is paid we have £4 a week between us.

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Jogs, did you pinch that from me ? :p

 

Jim, there's not much I could add to Jowalshy's post.

 

You could go in and try to speak to them again, apart from that, I really don't know.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Jim

 

Use this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

I would take in to the bank and hand it in in person, I would also print off a second copy and get the Manager (whoever to sign you copy as a receipt)

 

Jogs

 

thanks alot, i will see if this works tomorrow

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Jim, the trouble is you'll still be £50 overdrawn, thus more and more charges being added to the account.

 

If you are not with Natwest, I would suggest opening a Step account with them

 

NatWest - Find the best current account for you

 

Its quick and easy to set up online and you can get your wages, benefits paid in from next month so you won't lose the £50.

 

Then it's time to reclaim all the charges on the account you are having problems with.

 

JOgs

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Hi, i tried the letter at HSBC but they have turned the request down.

 

How is the case going in court, are the banks going to lose?

 

I am so annoyed that banks can still take money off you, even though everything is frozen for thier benefit

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Hi jim ,

The judge is going to take a couple of months yet to make up his mind I think......if the latest news release is anything to go by :

 

BBC NEWS | Business | Decision awaited on historic fees

 

However, it shouldn't stop you from progressing with this - so jo's earlier advice is still relevant - it's time to open a Parachute account I would say...... some say Natwests is the best bet but you have a wide choice :

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

This, if you use it for day to day expenses and don't go overdrawn, wil keep it out of the clutches of HSBC.

You can then start working out how to go about reclaiming the money that they owe you. There are some links on jos's post but you can have a look at these too to get you started.......

Step by Step Instructions post OFT Test Case

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

It's your money jim - don't let them get away with it...... Come back if you're stuck there's always plenty of advice on here......... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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You're welcome, jim :)

 

Can I ask -is it only the £50 that they owe you at the moment or are there other similar charges going further back .........

 

The reason I ask is that, although I know you've asked them already, it could ,as maroondevo says, be worth asking again.-If they see you're serious about taking it all the way, (which will cost them court costs and interest as well ) they may just sort it out at local level.

The manager saying her hands are tied is rubbish ,they have a certain amount of local discretion, if they care to use it.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I had claimed back roughly £200 in over my agreed overdraft charges last year. This is the 1st time i have gone over my overdraft since then and have been charged, so when they take this money off me, then they will owe me £50 plus interest.

 

But the problem is i cant afford for them to take £50 off me as it puts me in severe difficulty in paying my rent and paying for food.

 

The person at the bank seemed genuine, but i asked over and over again if she could do anything, and explained my financial difficulties at present , and she kept saying "i can't do anything" to the point where she just wasnt going to budge.

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Then it's time to take it out of her reach, jim - :) Parachute account as soon as you can - hopefully before the next lot goes in........

That'll give you breathing space to concentrate on gettlng it back.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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You're welcome, jim :-)

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Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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