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
musicronny

Help with self employment contract

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3598 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

Hi,

 

I started as a self employed advertising agent for a publishing company in Blackpool on 14th June 2010. The previous 2 weeks to that was taken up by attending a training course for the job. Of which all expenses, including petrol, hotel and food, was paid for by myself. Totalling around £380.

 

Over the next few weeks it became apparent that the role was not as they'd described and it was difficult to achieve their targets. Over the next 10 weeks I had earnt commission of £1086 but my outgoings to do the job over that period of time was at least £500.

 

Then I got a call on 27/8/10, from head office, telling me to cease all work on my assignment until further notification. I did have a couple of missed calls from one of the directors over the next 3 weeks and did return them, leaving messages. In the meantime, left without any means of at least trying to earn an income, I took on some work with my friend.

 

When I finally spoke with the office, after 3 weeks (16/9/10), it was agreed that I would leave. This was due to them leaving me in limbo and the fact that I had some casual work.

 

I did email them on 24/9/10 asking them for outstanding monies owed to me. And today 1/10/10, I received a letter from them demanding all the commission they have have paid me to date, £1086. Stating a paragraph in the agreement signed at initial training.

 

It states:

 

" In the event that 70% of the target is not achieved 2 weeks prior to the deadline, or the salesperson does not adhere to the above, the company exercises the right if it so wishes to reclaim all commission paid on the current assignment."

 

OUTSTANDING CHARGEBACKS

 

I ****** ******

 

Of ******** ****** ******* ****

 

Do hereby agree to repay all outstanding monies to ******* Publishing and her subsidiary companies.

 

If I leave the company for any reason, the debt will be paid in full within 28 days.

 

 

Signed **********

 

Signed *********

 

 

Witness *********

 

Any help on this would be appreciated.

Share this post


Link to post
Share on other sites

Did you sign this agreement?


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Share this post


Link to post
Share on other sites

Unfortunately I did sign it.. :|

Share this post


Link to post
Share on other sites

Ok. Well, the next step is to see if there is anyway such an agreement can be voided.

Is it long and wordy - would you be able to scan a copy ?


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Share this post


Link to post
Share on other sites

Its only one page. I'll scan it within the hour and post it.

Share this post


Link to post
Share on other sites

This is the contract. The first signature was signed on behalf of the MD. The MDs name is below the signature so they PPd it. The second was mine with my name below the line. The third is the witness who wasnt actually there so I dont know who it is. Their name isnt below the line.

 

Contract.jpg

Share this post


Link to post
Share on other sites

It's a bit too small to read, I have zoomed in but unfortunately cannot read it. Can you re-scan at a higher resolution, and perhaps make it a bigger size?


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Share this post


Link to post
Share on other sites

Ok, so I've had a look and on the face of it, it does appear to be a valid agreement - on paper, that is. There doesn't appear to be anything in the wording which would render it invalid. However, my concerns over this are:

 

- no evidence to suggest the witness was a suitable person to assign their name to a [legally] binding document

 

- no evidence to suggest whoever signed 'pp' did so on authority from the MD

 

- they are attempting to take back money which they have not lost, based on the fact that bookings have gone through sucessfully - but simply, a target was not met.

 

These 'chargebacks' are tricky, and more often than not fail in any further action, because it can't be proven that the company is at a loss, and that you are in breach of contract. Whether or not this 'document' will be valid enough for any further action against you is dubious - as you were self employed (as such) then there would not be a need for a contract of employment, therefore this would be seen almost as a sales contract between two parties, and a generic one at that in order to protect them from multiple people leaving when they have had enough - and the company can make some more money.

 

If the company is large enough, then it may be that they won't take any action against you - my feeling is that this company has a large turnover, and it's not worth the hassle of trying to track down multiple people in an attempt to enforce a dubiously signed agreement. You're probably not the first to be worried about this kind of thing - have you tried googling the company and see if any ex-contractors have blogged about their own experience?


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Share this post


Link to post
Share on other sites

Thanks for the excellent reply chesham. Theres nothing on the internet regards this company taking other agents to court. Maybe I'm the first?

 

The reality is though, due to my poor financial situation, I couldn't pay it back anyway. So the only choice I've got is to let them play it how they see fit.

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...