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    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
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help with job seekers diary

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Hi

after 33 years of employment i now find myself out of work when the place i worked for got rid of 35 of us, In my trade (printing) there is about 0% chance of getting another job at my age (51). This is made worse by the fact i also suffered a heart attack last august

 

Anyway went to job centre and signed on and i have to do 21 activities a week while my mate who worked with me only has to do 8, anyone know why the difference?

 

As to job seekers diary am i right on thinking that if i look at 1 job site that counts as 1 activity so if i look at 2 different sites a day that will be 14 activities a week

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Hi

after 33 years of employment i now find myself out of work when the place i worked for got rid of 35 of us, In my trade (printing) there is about 0% chance of getting another job at my age (51). This is made worse by the fact i also suffered a heart attack last august

 

Anyway went to job centre and signed on and i have to do 21 activities a week while my mate who worked with me only has to do 8, anyone know why the difference?

 

As to job seekers diary am i right on thinking that if i look at 1 job site that counts as 1 activity so if i look at 2 different sites a day that will be 14 activities a week

 

What exactly are these activities?

On your jobseekers agreement in the 'what I will do to identify and apply for jobs' section (page 3) it should say what the activities are ie: write to 10 employers per week / visit 5 employers per week / search direct.gov 7 times per week (thats mine...lol) and at the bottom of same page any other activities - apply for 3 jobs per week in my case.

 

The difference will be solely due to the 'advisor' you've seen and their mood on the day i.m.h.o. Some are great, understanding and actually helpful, others , well, lets not go there :wink:

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should have read the mountain of paper work

 

 

says on mine

 

check universal jobseach site x 7

check indeed website x 7

check my universal jobsearch account x 7

 

nothing else so pretty easy, i'm waiting for meeting with disability advisor at end of jan as i am unsure of what work i am able to now as GP has advised heavy lifting is out

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21 steps a week seems a bit punishing to me. I am only requested 3 steps a week. Am I lucky? By the way it's easy to make 21 steps a week, that is 7 a day.

 

Day 1: 1) Looked on the Universal Job Match website (no suitable jobs)

2) Looked on Totaljobs website (no suitable jobs)

3) Looked on Monster website (no suitable jobs)

4) Looked on Monster website (no suitable jobs)

5) Looked on Jobsite website (no suitable jobs)

6) Visited agency xxxxxxx; asked my age, laughed at my face

7) Visited agency yyyyyyy; asked my age, laughed at my face

 

Day 2 to 7; same as day 1.


"Ask not what your country can do for you, ask what you can do for Poundland"

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Hi

after 33 years of employment i now find myself out of work when the place i worked for got rid of 35 of us, In my trade (printing) there is about 0% chance of getting another job at my age (51). This is made worse by the fact i also suffered a heart attack last august

 

Anyway went to job centre and signed on and i have to do 21 activities a week while my mate who worked with me only has to do 8, anyone know why the difference?

 

As to job seekers diary am i right on thinking that if i look at 1 job site that counts as 1 activity so if i look at 2 different sites a day that will be 14 activities a week

 

 

Well, not sure why your activity targets are higher ... I currently have to undertake 6 jobseeking activities a week, although I'm actually doing everything I can but just don't have the energy left to complete the form completely each week.

 

I'm 59 .... perhaps they should just put me out to pasture so that I can crochet all day! :wink: (Before anyone starts, that is a joke - of course!!!!!) Can't wait to get back to work.

 

Keep smiling.

 

Impecunious! :wink:

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If you feel the amount of job seeking stuff you have to do per week is unreasonable, you can book an appointment to get it changed.

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Each job seekers agreement is based on the individual and their skills abilities etc, so if you have an email address and internet access it is not unusual to automatically be asked to check emails daily, and check gov.uk daily, then to look at the local paper on the jobs supplement page however often that is printed/updated online (usually once a week), and then to ask friends and family, and contact recruitment agencies 3 times a week, by my reckoning that is a total of 19 steps a week.

This is subject to change as someone may not access to internet and would need to access at alternative places (job clubs, colleges, libraries etc) so they would obviously only be able to attend when the building is open to the public and then to visit the jcp daily to check jobpoints so thats 5 activities.....

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I had my first WFI yesterday and my advisor changed my jobseekers agreement from 3 a week to 8 plus been given other stuff to do on top of that, I've only been claiming since 20th december, also have to do a 2 week programme starting monday.

21 a week seems a bit steep to me and like others have said it must depend on whether you have access to the internet etc

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