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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Hi All, i hope someone can help me this is my situation.

I started working for a healthcare company as a healthcare assistant in early May of this year but i have never signed a contract, i usually work 33 hrs per week.

I had decided pretty much in the first month that i wanted to leave but being in so much debt i decided to try and stick it out and see if it got better, which it has not infact its worse much worse.

Due to a much increased work load, a change of managers and their attitude i now really need to leave. I know that once you sign a contract with them you need to give a months notice but i kind of jobs i like and have experience in are mostly asap starts or only want to wait a week or so, i dont want to hand in my notice with having another job and they have doubled my hours without even telling me i found out on the rota sheet and they are all 12hours shifts and they are backbreakers! I honestly dont think my body and mind could last another 6-8 weeks there.

So my question is: can i give 1 weeks notice as i have not signed a contact or have i been there too long??

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Thank you Thank you Thank you ;) You have made a bad day all bright again !!! I dont even mind losing the week or so holiday pay that they will no doubt withold. Now another question i take it i should state in my notice letter that the reason i'm giving one week is because i've not signed a contract.

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Thank you Thank you Thank you ;) You have made a bad day all bright again !!! I dont even mind losing the week or so holiday pay that they will no doubt withold. Now another question i take it i should state in my notice letter that the reason i'm giving one week is because i've not signed a contract.

 

You can state that you wish to leave for personal reasons and leave it at that.

 

You should not have to forego any Holiday Pay accrued and I would put that in your letter to be paid in your final pay calculation--Paid Holiday is a Statutory Right dont lose it.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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I think employment law is that you only have to give one week's notice if you have worked there for less than 1 year, contract or not.

 

Check out the link Mariefab gave you.

 

Yes you are correct

 

Statutory Notice periods as follows

 

Less than 1 Month Service = Nil by employee or employer

 

1 month to 2 years Service = 1 week

 

More than 2 years = 1 week for every complete year of service

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Signing of a "Contract" or "Terms and Conditions of Employment" is not a condition of employment.

 

If no local agreement is in place, ie you have not signed anything then the Employment Rights act is what you should follow as a guide to your conditions of service----and IS legally binding.

 

Good working practice says that you offer an employee a "Contract" which will state any local variances within the binding ERA. Usually stating rate of pay holiday and sick entitlements etc.

 

Hope this helps

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Also I Take It You Can Leave Your Job With Out Notice If The Employer Agrees To This

 

Yes, but obviously you should not expect to get paid if you resign. If it is instigated by the employer then good working practice says that he should pay the employee the Statutory Right.

 

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Thanks all, i am beaming :D

Elpulpo, the only things i signed was a few sheets of paper along with 20 other people, stating a had been on various traning courses.

 

Beau Brummie, I know its a right! tho try telling them that! I know people who have left and they didnt get it or had to fight for ages for it but i will put it in, infact the bit about the one weeks notice link i'm gonna print off and enclose it with my notice and if i can find it the one about the holiday pay then that too. i just want to be ready if/when my manager tells me i have to give a months notice or no contract cos i think they will defo!!!

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The OP states that they haven't signed anything; however, if their employer has presented them with a written statement of particulars in compliance with section 1 of the ERA, would the employee therefore be bound by any terms of that document over and above the ERA? For example, notice periods etc. Or would the terms of the written statement only be enforcable by the employer if they have a copy of the particulars signed by the employee? ERA 1 states only that the employer 'shall give to' the employee a written statement

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The OP states that they haven't signed anything; however, if their employer has presented them with a written statement of particulars in compliance with section 1 of the ERA, would the employee therefore be bound by any terms of that document over and above the ERA? For example, notice periods etc. Or would the terms of the written statement only be enforcable by the employer if they have a copy of the particulars signed by the employee? ERA 1 states only that the employer 'shall give to' the employee a written statement

 

Are you saying that "been presented" means the employee knows what the terms are? but refused to sign the document. If so then proof would need to be sought that the employee knew of the notice period.

 

If this happens in my workplace. I issue a disclaimer that the employee signs to say that they have been presented with their Terms and Conditions but have decided not to sign it. In the OP's case it would appear that no document in any form has been presented.

 

So if there has been no agreement presented nor signed nor verbally stated then the overiding principles of the ERA will prevail meaning the minimum statutory notice period can be given.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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The reason I asked (sorry, I know we're getting away from the OP's question!) is that I recently started a new job and was yesterday presented with a written statement. Now, several parts of the statement I feel are unreasonable.

I've been advised by longer serving employees to simply not sign and return the document, seemingly the employer doesn't chase up a signed copy from their employees, even though the accompanying letter states that one copy should be signed and returned.

If I simply do this, and don't actively challenge the terms that I feel are unreasonable, I trust that it won't subsequently be held that by merely taking receipt of the statement it was implied that I agreed to the terms?

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If I simply do this, and don't actively challenge the terms that I feel are unreasonable, I trust that it won't subsequently be held that by merely taking receipt of the statement it was implied that I agreed to the terms?

 

I'm don't think that will work.

If, after receiving the terms, you raise no objection to any of them; I'm pretty sure that after ? amount of time has passed that you are deemed to have accepted the terms.

 

If you'd like to post the terms that you are not happy with, we could check to see if they are lawful for you.

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I just want to thank everyone for their help, today has been so much better knowing i'm not stuck there for the next month or so and just to make it clear my job was advertised as various shifts and days and at my interview i told my boss the days and hours i wanted to work and he ok'd it. I never even been given a sheet of paper stating my job title and duties, contracted hours or rate of pay never mind anything like a contract, the only thing i signed was a standard company application form and a form for a enhanced crb. This is the best bit of news i've had since last xmas apart from beating Littlewoods, Capital One, Studio and NatWest at the unfair charges game, full refunds + awaiting to hear about a default removal (thanks crap1) and second time for Vanquis!

I'm still in debt but i have reduced it by 75% :D

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I have a friend who works in care so I know shifts are awful and pay is low! They only ever have minimum staff as well so as soon as someone goes on hol or off sick, they're working even more hours. They've been on 6 day weeks for the last month - they're supposed to be on 5.

 

So, I can relate to what you say! Good luck in your new job.

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