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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • stu007
      Backing out of mutual house swap

      By stu007 · Posted

      Hi If you have went via a Mutual Exchange and this is to do with Social Housing/Housing Association then both parties need to firstly be approved by each parties Housing Association and accepted by them. Once this is done the relevant Housing Association for each will then get each party to sign a New Tenancy Agreement with the relevant Housing Association. So what we really need to know is: Does the other party to this Mutual Exchange know you have changed your mind on exchanging properties? Have they just signed an Agreement in principle to exchange properties? or Have they actually signed a New Tenancy Agreement for that Property? If they have signed a New Tenancy Agreement then this will make not now wanting to continue the mutual exchange difficult due to the New Tenancy Agreement being Signed. We really need to know what stage this is at to give correct advice
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    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      going nowhere then. well if you've not been simply doing it to look the big cheese to your mates, you need to address why you are doing it. if its to impress your mates then simply stop being an idiot eh? , learn from it and go live your life . dx
    • Mkasd
      Dwf letter Sainsbury’s

      By Mkasd · Posted

      Yes only with dwf. The first letter I received was explaining that I have not responded to the first letter they sent which I did not receive at all  then the second letter came, they said again saying we have not heard from you we are extending this another 14 days but at that point a couple of days before I called them on the phone saying I have received this and supposedly i owe money for stolen goods and that I need to see the breakdown which they then emailed to me dwf said this was what we were trying to send to you at first and I told them we have not received your first letter only one asking for demand of payment. On my second call to them I asked can you list the things that I have supposedly stole to which they replied “we normally have this on file but I can’t seem to find this on your file”   
    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      oh well, at least your eign of terror is over now. so no contact directly since from/to sainsbury's. everything since has only been with DWF?

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Legal position of a Freelancer given work which then witheld

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olewh

olewh

Posted
Posted

I am a freelance employee. I was offered and accepted 8 weeks freelance work starting at the beginning of the month. But 2 days prior to commencement the work was put on hold for three weeks. This threw me completely, my bills kept coming through, but I was on my backside unable to earn.

 

I have now started the work, its been underway for 28 days, but in that time the work has twice, at no notice, been put on hold for 3 days as the project is ahead of schedule. So long as im not working i'm not earning so every day counts.

 

When I initially accepted the work offer I was advised that it was continuous from a certain date. I have this in writing. But the work is coming on a very ad hoc basis. I am now getting into financial difficulty. Do I have any redress?

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RachelMD

RachelMD

Posted
Posted

If there was contractual provision that you would be continuously employed from a certain date for a certain amount of money then the client should honour the agreement.

There are no clauses about being laid-off, etc?

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olewh

olewh

Posted
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Posted

You talk about 'contractural position' but im not aware of a contract as such. My understanding is that the email offer of work for 8 weeks starting the first of the month which I was required to accept or decline amounts to a contract or 'the contract'

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RachelMD

RachelMD

Posted
Posted
You talk about 'contractural position' but im not aware of a contract as such. My understanding is that the email offer of work for 8 weeks starting the first of the month which I was required to accept or decline amounts to a contract or 'the contract'

Yes, exactly.

If 2 parties agree something, as in this case, "You come do work-We give money", then a contract exists.

It can be written or verbal.

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olewh

olewh

Posted
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Posted

Ok, so back to my original point. I am being messed around by the 'employer', there is no consideration for the impact this has on me (work might stop but bills keep coming). Am I entitled to redress and what form might this take?

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RachelMD

RachelMD

Posted
Posted

Yes! Complain!

Say, "Hey! We had an agreement that you'd employ me from xx/xx/xxxx and that I'd earn £xxx. You've broken the agreement. Pay up."

 

If they don't pay, then sue them.

 

In the mean time, probably best to find some other full-time gainful though.

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olewh

olewh

Posted
  • Author
Posted
Yes! Complain!

Say, "Hey! We had an agreement that you'd employ me from xx/xx/xxxx and that I'd earn £xxx. You've broken the agreement. Pay up."

 

If they don't pay, then sue them.

 

In the mean time, probably best to find some other full-time gainful though.

 

Thanks Rachel. Its as I thought. I think you sum it up well. Shafted. Anyone else got anything to say about this matter?

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MrShed

MrShed

Posted
Posted

I'm not sure what else there is to say - this is a pretty standard breach of contract, that you may need to sue to enforce - but enforcing can certainly be done (on the face of it, and with the info you have provided).

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Cyberprog

Cyberprog

Posted
Posted

The downside is that the company you're contracting to will turn round and pay you for this job, but give you no future work. One of the dangers of freelancing I'm afraid, one I'm only too aware of (indeed had a job for this weekend cancelled at about 6 hours notice). Sometimes you just have to suck it up...

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