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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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I am being bullied by my employer - a well-known charity


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Hello again Everybody,

 

After a long absence I have returned to the site. I have two questions. How do I make a donation please? I received advice a long time ago and could never afford a donation. Not much better now, but a bit:)

 

And I am being bullied at work by my line manager. She has extended my probation period under the guise of poor performance, but it's she who has prevented me from doing my job by saying no all the time. Has anyone else been bullied by a charity?

 

I would appreciate any thoughts.

Edited by honeybee13
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Whether it is bullying needs more exploration but I've no intention of replying while the employer name is in your post - a) bad form as it's an allegation not a fact and b) organisations do google, you know.

 

Edit and we'll revisit.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Whether it is bullying needs more exploration but I've no intention of replying while the employer name is in your post - a) bad form as it's an allegation not a fact and b) organisations do google, you know.

 

Edit and we'll revisit.

 

You work for [name edited]? I acknowledge your comments and will be guided by any member of the Site Team. Thank you for your comment.

Edited by honeybee13
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Hello there.

 

I think the employer name should go too as we're only hearing one side of the story. We don't usually use names on the employment forum, as it doesn't affect the advice and keeps your problems confidential. We'll just call it a well-known charity. :)

 

I'll let the rest of the team know that I'm editing this. Please leave out the name of your employer from now on, as it will just need to be edited again.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks. OK, first of all

How long have you worked there

Tell us more about why this is bullying and not just performance management

Are you in a union?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks. OK, first of all

How long have you worked there

Tell us more about why this is bullying and not just performance management

Are you in a union?

 

Hello again,

Fresh start:-)

I have worked there less than a year. I put in a grievance and I am receiving help from my union. It is bullying because my manager has blocked every initiative I have made, blocked every bit of training or short visits to see how neighbouring colleagues do things the company way (sorry this is a bit vague but I'm being careful). The manager has shouted at me and berated me in crowded public places, told me to apologise to employees who have used foul language and aggressive behaviour towards me. Belittled me in emails addressed to me and other employees. Told me to work 1 or 2 hrs on some days and into the night on other days (not necessary for the business needs). The things mentioned are just the tip of the iceberg.

 

Bullying is apparently endemic in this charity. I looked them up on the net.

Thanks for your interest.

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What was the outcome of the grievance?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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OK. So not much advice to give until that has happened.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The grievance meeting took place and they have to give their verdict. But they were very anti and nasty. They have now started a disciplinary procedure against me and have suspended me. It is related to the grievance. I can't go into it yet, but all the charges are bogus. Bullying is endemic in this charity. I will wait until I am dismissed and then take some extremely public action.

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I will wait until I am dismissed and then take some extremely public action.

 

Newspapers pretty much don;t care about that sort of stuff so it is unlikely to have any effect.

 

What is th ebest thing that could happen for YOU. Sod the greater good cos you won't get that and will drive yourself mad trying!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Got to say a Charity is only the same as any other employer so wouldnt think they would be any different in the way they handle staff

If I have been of any help, please click on my star and let me know, thank you.

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  • 2 months later...

This particular charity is a very nasty piece of work. They have no respect for staff, unions or employment rights. The higher up the chain the higher the salaries, with our top boss being paid more than the Prime Minister, while the staff on the front line are on NMW and are being squeezed and made to take on more and more work. When donations come in from local supermarkets they don't get to the people who need them, but are used on office machinery and renovation projects of senior management offices.

 

I and a few others have now agreed to go under redundancy and this will be settled for us all in the next month or so. Our jobs are still there, but we are being replaced with volunteers, who are old fashioned scabs, breaking possible strike action. While they step in there's no point in our taking industrial action to save our jobs. And this is happening all over the UK because with less money coming in due to the recession, the top bosses won't take a cut in their wages so cuts have to come from the little people.

 

The balance between employers and unions has swung too far in the employers' favour. There should be a better balance, and workers should have unfair dismissal rights from day one of employment. This is something I intend to campaign for.

Edited by AvengingAngel
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did you have question?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I think it was more venting than asking a question, but I agree with the OP. Big charities are money laundering machines and covert funding for politicians and lobbies. In this country corruption has been legalized long time ago and it won't change any soon.

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

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Volunteers are intelligent people. A lot of them at my charity are retired people with egos left over from their business life. They are feted by charities because they don't cost anything, so the charities let them get away with all manner of things, like breaking health & safety regulations or not turning up for their shifts. They do it because they know they will get away with it. And they know they are being used to replace paid workers because there is great resentment amongst the paid workers towards volunteers, and they let their feelings be known.

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