Jump to content
  • Tweets

  • Posts

    • Debt charities have urged the Insolvency Service to develop stronger rules to protect customers from bad practice among IVA lead generators View the full article
    • Hi,     I'm in the process of voluntary termination of my moneybarn agreement, in accordance with secion 99(1) of the Consumer Credit Act 1974. I have returned the vehicle, it was collected by a 3rd party on behalf of MB, in driveable condition with fear wear and tear condition.  Their report states that the condition was "Average" (The options were Good, Average and Poor). I have paid more than 50% and recently, before starting the VT process spent £700 to make sure car is roadworthy (gearbox repairs). I am £880 over the 50% mark. Today I've received final billing letter estimating body repairs at over £1,300 (the bodywork is fine - peeling lacquer and alloy wheels would need refurb though). I've purchased the car at 7 years old with over 80k miles, through National Car Credit (pretty sure I've seen another topic on here about them). The car is now more than 10 years old, and I did take pictures + videos of the car before it was collected.   Now. I've had a payment holiday through April and May (which I don't dispute and will willingly cover the amount that they're asking for this payment holiday term) But however I'm not okay with covering the bodywork repairs for a car that is over 10 years old and wasn't excellent condition the day I've purchased it. It came with no service history book and only one key (on my own expense I've purchased another one and had it programmed)   No arrears on the account, no missed payments (just 2 month agreed payment holiday - between myself and MB) which I'm okay to cover. Given the car back in drive-able condition (it was very noisy the week before it was collected, hence why I've spent money on repairs) half of tank of petrol, kept tax up to the day it was collected.   Advice would be appreciated, thank you.   dx: I can't pm you as I haven't got enough posts on here, but if you'd like more details and see what has been sent and see the responses please PM me.     Thanks.
    • I am not a lawyer but I definitely think you are correct.   You will need evidence that Fast Track was not available on your way out - "Unknown reasons" sounds ominous. Do you have pictures/videos/written records to prove it?   Ryanair website states they are not responsible for you missing your flight as a result of fast track, but it doesn't say anything about not being responsible for the product they sold you not being available. Have you tried asking for a refund already?   Either way they sold you something that they did not provide - I don't see how this can be legal - and hopefully you should be able to prove it. Get written evidence that they refused to refund you (if you don't have it already) and take it straight to your card provider. (by many accounts it seems pointless to try and negotiate with Ryanair)
    • Hello everyone, recently I ordered 4 birds, 2 canaries and 2 lovebirds from a pet shop in Nottingham. When I received the birds, one of the canaries looked scruffy and had a bald spot on its back. when I asked the owner if this was normal he stated that “it is a baby and will be normal in a week” so I waited a week and I discovered it was sneezing throughout the night. I then decided to check their weight and the scruffy one was only 15 grams while the other was 26 grams. While weighing them I discovered they were covered in blood mites (small bugs that feed on blood) so I contacted him and he said I could return them but I’m unable to drive an hour to his shop so I offered to pay another delivery fee fr him to pick it up but he was ignoring me so I decided to try to treat them and bought many medicines and I cured their mute problem but now all 4 birds are sneezing, I’ve had many birds before and I’ve never had these problems so I asked him if he couldn’t please come pick them up but he kept reading my messages and ignoring me then when I called him he blocked my number so I messaged him on my other number laws showing te sale of an ill animal is prohibited and sent him proof of his false advertising (saying they were “excellent healthy birds”) proof fm their illness and he blocks me again. I feel scammed and according to the law he I is obligated to refund me for the birds and any medical expenses but I don’t know know where to report him or what to do about it. Any suggestions would  be greatly appreciated. Thank you 
    • well anyway. as its the same email then and not directed at them to pay no its not correct they have done it under gdpr etc etc.   so regarding the debt. what readings prior to this have you been sending? to prove this billing is correct or not  have regularly sent them before  and is the estimated readings higher than your actual usage. when does the debt First date back too aswell        
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
pugilist

The employer didn't pay for one day.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3298 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Well, the problem is as follows: my mate works in construction, he was dismissed from his job last week. Today he told me that he had checked his balanced and found out that they had paid him for three days instead of four days.

The company let him know over the phone that they were not happy with the quality of the job and that was why they were not going to pay him for one day.

 

Where should he appeal against such an arbitrariness??

Share this post


Link to post
Share on other sites

How long had he worked there,what were his hours,why was he dismissed ?

Has he got anything in writing from them about the missing day ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites
How long had he worked there,what were his hours,why was he dismissed ?

Has he got anything in writing from them about the missing day ?

He worked there three weeks:

 

1st week: 2 days

 

2nd week: 4 days

 

3d week: 4 days

 

He was on day work since 8 till 16:30.

 

He hasn't got anything in writing about the missing day, but he expects tomorrow or day after tomorrow the pay slip to come.

 

He was dissmissed because the builder whom he was replacing returned from his holyday

Share this post


Link to post
Share on other sites

Hello. Was your friend taken on as holiday cover, or was it a permanent contract please?

 

It would be helpful to know what they put in writing when the letter comes. There are remedies, depending on how much hassle your friend wants for the amount of money involved.

 

You or he could speak to the ACAS helpline. The number's on their website.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hello. Was your friend taken on as holiday cover, or was it a permanent contract please?

 

He didn't sign any contract with them. Since the beginning it was meant a job for just several weeks.

 

It would be helpful to know what they put in writing when the letter comes.

 

I think soon I'll be able to post the contents of the letter here. It should come definetely.

 

There are remedies, depending on how much hassle your friend wants for the amount of money involved.
He just wants his money back. And, if it is possible, compensation for moral damage.

 

You or he could speak to the ACAS helpline. The number's on their website.

 

HB

Thank u

Share this post


Link to post
Share on other sites

I don't know where you'll stand on compensation for moral damage. What do you mean exactly please?

 

I hope ACAS are able to shed some light on this.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Moral compensation is not that important. But he wants the money back.

 

Today he received a letter from that company, there were 2 sheets of paper:

 

1. remittance advice

and

2. INVOICE with the following handwritten wording:

 

DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP

Share this post


Link to post
Share on other sites

by the way, he has no idea who is that DICK

Share this post


Link to post
Share on other sites
Moral compensation is not that important. But he wants the money back.

 

Today he received a letter from that company, there were 2 sheets of paper:

 

1. remittance advice

and

2. INVOICE with the following handwritten wording:

 

DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP

 

Hi,

 

You should draft a letter before action stating that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that they have 14 days to pay the amount due. Failing to do so, you will pursue a legal course of action to recover the day's pay.


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Share this post


Link to post
Share on other sites
Hi,

 

You should draft a letter before action stating that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that they have 14 days to pay the amount due. Failing to do so, you will pursue a legal course of action to recover the day's pay.

 

Thank you very much!

That's a really good advice!

I'll draft a letter and post it here for you to have a look and may be do some mistakes corrected!

Share this post


Link to post
Share on other sites

address of the company...................................................... my address

 

Letter before action

 

Dear XXX(name of the company) administration,

 

This is the answer to your letter dated 23/07/2010. Your letter contained remittance advice and information about retention of my wages. The reason of deduction was formulated as follows: DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP.

By this letter I'm letting you know that such retention is construed as unlawful deduction of wages and is contrary to ERA 1996, s13 and that you have 14 days to pay the amount due.

In case you fail to do so I will pursue a legal course of action to recover the day's pay.

 

Regards,

 

My name

Share this post


Link to post
Share on other sites

address of the company...................................................... my address

 

 

 

 

 

 

Letter before action

 

 

Dear XXX(name of the company) administration,

 

I acknowledge receipt of your letter dated 23/07/2010.

 

Your letter contained remittance advice and information about retention of my wages. You stated, in your letter, that the reason for the deduction was: 'DICK SAID LOSE ONE DAYS PAY-POOR WORKMANSHIP'.

 

I remind you that such retention is construed as unlawful deduction of wages, and is contrary to The Employment Rights Act 1996, s13. Consequently, you have 14 days to pay the amount due.

 

Should you fail to do so, I will pursue a legal course of action to recover the day's pay. This will render you liable to pay further sums in respect of interests, court fees and costs.

Yours sincerely.

 

My name

 

Brilliant...

 

Make sure you send it 'Special Delivery Before 1pm'

Edited by Bigredbus

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Share this post


Link to post
Share on other sites
Brilliant...

 

Make sure you send it 'Special Delivery Before 1pm'

Thank you very much Bigredbus !

 

I'll pass this letter to my friend and he'll send it. I'll let you know what happens next.

 

No matter the result we'll buy you a drink if we meet up (proper drink)! :grin:

Share this post


Link to post
Share on other sites

We also accept virtual drinks here :D. I've been sent a couple.

 

HB x


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Bigredbus and Honeybee13 e05a53f56fcde85da04e41c18eb4b398.gif

Share this post


Link to post
Share on other sites
by the way, he has no idea who is that DICK

 

I remember somebody from the warehouse once saying that about a man in a suit who bid him 'Good Morning'. Turns out the D*ck in question was the MD - so rarely was he seen on the shop floor that nobody knew who he was!

 

Other than that - nothing to add to BRB's excellent letter.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

Cheers, pugilist, great smiley. I'll wait until the sun's over the yardarm before I indulge.

 

HB x


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

They didn't answer anything yet

Share this post


Link to post
Share on other sites

Good evening everyone!

 

Here is what they answered to him:

 

b5bd79b1f381.jpg

 

The office manager is lies saying that Site Foreman informed him about anything! When he finished with that Flat 4, he was told to do another flat, Flat 2!

Share this post


Link to post
Share on other sites

Unless they made prior, explicit contractual agreeement that they reserved the right to make a deduction from earnings in the circumstance of poor workmanship, then this is a an unlawful deduction.

Share this post


Link to post
Share on other sites

So, when he finished with Flat 4 he worked for one more week.

Noone, noone did tell him that the standart of work was unacceptable and that he had to spend one more day to correct the work!

 

Thus, as far as I understand, it look like

*
The deduction was not required or authorised by statute;
*
The deduction was not authorised by a relevant provision of the worker's contract of employment;

* The worker has not previously given his written agreement or consent to the deduction being made.

According to the
S13 of the Employment Rights Act 1996
(
http://www.hrmguide.co.uk/hrm/steele/bulletin13.htm
)
that employer could not make deductions from the wages of my friend.

 

 

 

What do you think he'd better do at this point?

Share this post


Link to post
Share on other sites
Unless they made prior, explicit contractual agreeement that they reserved the right to make a deduction from earnings in the circumstance of poor workmanship, then this is a an unlawful deduction.

 

They didn't give him any agreeement to sign!

Share this post


Link to post
Share on other sites

Dear xxx

 

in my previous letter to you I informed you that the deduction was unlawful and why.

 

Now It looks like you are aware of it but try to explain me why you made this unlawful deduction.

 

Here I once againe attract your attention to The Employments Rights Act , s13, according to which you violated several items of the Act:

 

* The deduction was not required or authorised by statute; (may be I shouldn't include this point?)

 

* The deduction was not authorised by a relevant provision of the worker's contract of employment;

 

* I have not previously given my written agreement or consent to the deduction being made.

 

This time I advise you not to ignore the law and pay the amount due.

 

I hope you understand this time that a legal course of action to recover the day's pay will render you liable to pay further sums in respect of interests, court fees and costs.

 

But I just want you to give me my money back.

That's why as a gesture of good will I give you another 14 days to pay the amount due.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...