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    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
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    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
    • It's a shame that your friend didn't take care of this while he had capacity and before he left the country, isn't it? He seems to have made your mission impossible. HB
    • HB - this form and process is as I remember it from handling relatives cases.  It's a timing thing.  Which has passed in terms of my friend
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ex employer Overpaid would really appreciate advice


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Hello,

 

I am new to this site but would really appreciate some advice.

 

I was employed from September 2009 until March 2010 by this company, while there, the manager made my life a living hell which is why I decided to leave.

 

I handed in my notice to leave at the end of March 2010, and when they added everything up, it meant that they couldn't give me a full months wages because I would have been overpaid by about a few days, the most a week. Without informing me of this, they took back/cancelled the payment (I'm not sure which one as it showed up as being in my account at first then coming out straight away).

This caused my direct debits to be returned and left me with no money for food/bills etc over the weekend (This happened on a Thursday! and their excuse was that the finance people we at a conference.

 

I didn't actually realise that this happened until I filled up my car that morning and went to pay for it, I had to leave it at the petrol station because there was no money in the account, bunk the bus up to my bank to find this out what had happened......

 

I then had to walk to them which took me an hour and a half and it was then explained to me that "THEY WOULD NOT OVERPAY ME BECAUSE IT WOULD BE TOO DIFFICULT TO GET THE MONEY BACK".

 

When they finally did pay me they only paid me half of what they owed me!! So I had to contact them again and then had to wait till the next day for them to pay the rest.

 

The next month (April) I received a payslip from them for a full months wages that I would usually be paid if I was working there, this then happened for May and June. Each time National Insurance and Tax were taken so it was a proper payslip.

 

They finally realised their mistake and sent me a letter this month (July) saying that the would like the money back and have given me account details to pay it pack into.

 

In the long run I know that I probably should have informed them of their mistake, but I didn't and spent the money, I don't have the money to pay them back now and wanted to find out if they have the right to do this?

 

(I'm saying this in the most politest tone) Please keep negative comments to yourselves as it really wont help with the situation for me, I just wanted to see is anyone can shed any light on this for me and if I do have to pay does it have to be the full amount in one go.

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Hi there. No negative comments from this direction.

 

The fact is that it is their mistake, and between the two of you to agree a mutually acceptable rate to repay it.

 

Whilst employed, the employer has a legal right to recover an overpayment of wages without notice, but they should, as good practice, inform you and not leave you without funds, but as I say, that is only 'good practice'. Once you have left, the situation changes, and overpayment becomes a debt of sorts, and may be pursued through the County Court if they really want to push it.

 

You are still entitled to know how the amount is made up, and if you disagree, then argue, however in this case since you have fully itemised payslips that wouldn't be an issue. Make an offer of what you can really afford, and start sending them the money, whether they agree to your proposal or not.

 

Alternatively, you could defend any court action if it were to go that far, but on the basis of what you have said, I do not think that you have a viable argument. In certain cases you may argue a 'change of position' ie that you believed that you were entitled to the money, and the employer led you to believe that you were, and have now spent it, however unless you have proof that you queried why you were still receiving wages after you had left, then this would be a non-starter.

 

Hope that helps.

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Hello,

 

I am new to this site but would really appreciate some advice.

 

I was employed from September 2009 until March 2010 by this company, while there, the manager made my life a living hell which is why I decided to leave.

 

I handed in my notice to leave at the end of March 2010, and when they added everything up, it meant that they couldn't give me a full months wages because I would have been overpaid by about a few days, the most a week. Without informing me of this, they took back/cancelled the payment (I'm not sure which one as it showed up as being in my account at first then coming out straight away).

This caused my direct debits to be returned and left me with no money for food/bills etc over the weekend (This happened on a Thursday! and their excuse was that the finance people we at a conference.

 

I didn't actually realise that this happened until I filled up my car that morning and went to pay for it, I had to leave it at the petrol station because there was no money in the account, bunk the bus up to my bank to find this out what had happened......

 

I then had to walk to them which took me an hour and a half and it was then explained to me that "THEY WOULD NOT OVERPAY ME BECAUSE IT WOULD BE TOO DIFFICULT TO GET THE MONEY BACK".

 

When they finally did pay me they only paid me half of what they owed me!! So I had to contact them again and then had to wait till the next day for them to pay the rest.

 

The next month (April) I received a payslip from them for a full months wages that I would usually be paid if I was working there, this then happened for May and June. Each time National Insurance and Tax were taken so it was a proper payslip.

 

They finally realised their mistake and sent me a letter this month (July) saying that the would like the money back and have given me account details to pay it pack into.

 

In the long run I know that I probably should have informed them of their mistake, but I didn't and spent the money, I don't have the money to pay them back now and wanted to find out if they have the right to do this?

 

(I'm saying this in the most politest tone) Please keep negative comments to yourselves as it really wont help with the situation for me, I just wanted to see is anyone can shed any light on this for me and if I do have to pay does it have to be the full amount in one go.

 

Hi,

 

I partially agree with the previous post (#4).

 

In your case, you neither can rely on a defence of 'change of position', nor on the doctrine of estoppel, as the overpayments you received were made after you resigned your position. You knew that those overpayments were made in error.

 

You must come to an agreement with your ex-employer as per a schedule of repayment you can reasonably afford. You do not have to repay the full amount owed in one go...

---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***

 

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