Jump to content


  • Tweets

  • Posts

    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 775 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

1.

it is post number 43

 

2.

I would like to add that another finding of my research in the library is that in case of breach of a contractual disciplinary procedure I can claim also for the work that I would have done during the time the disciplinary procedure would have lasted if my employer would have used it against me and this even though I do not have one month continuity to claim for non-compliance with the one week notice.

Share this post


Link to post
Share on other sites

I would like to know if the disciplinary procedure for casual workers applies also during my probation period according to the following information about it?

 

1. It is not made any reference to the probation period in this disciplinary procedures for casual workers

 

2. It is stated in this disciplinary procedure that it applies to all casual workers

 

3. I signed this disciplinary procedure at the start of my probation period and not at its end

 

4. In the terms & conditions it is stated that there is a different pay rate during the probation period.

 

5. This disciplinary procedure concerns also poor quality of work and low productivity and not only bad behaviour

 

6. Casual workers can also misconduct during their probation period so there should also be some kind of disciplinary procedure covering also this period and there was only disciplinary procedure for casual workers

Share this post


Link to post
Share on other sites

Either post the redacted procedure or the text from it. Nobody can help you any further without that.

Share this post


Link to post
Share on other sites

The defendant should have filed and served on me its defence by the beginning of last month but it made an application for a 28 days extension to file its defence.

 

 

Therefore the defendant should have filed and served on me its defence by the beginning of this month.

 

 

However the defence has not yet been served on me.

Therefore today I phoned to the County Court Money Claims Centre which told me that the defendant instead of filing a defence has made an application to have my claim strike out.

 

However the defendant has not filed on me a copy of this application to strike out my claim with its evidence

 

I would like to know if the defendant should have served on me a copy of this application to strike out with its evidence

 

I would like to know if the fact that the defendant has made this application to strike out my claim removes its duty to file a defence on time.

Share this post


Link to post
Share on other sites

What is the claim all about?, impossible to offer any help with no facts.

 

Could you post the Particulars of claim you have filed without any identifying info please?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

...and why haven't you applied for judgment?


Share this post


Link to post
Share on other sites

If they are requesting strike out of your claim, that is a defence of sorts (they are claiming that your PofC has no grounds for success).

 

Likelihood they'll succeed? Who knows without seeing the grounds in their application and your PofC.

 

CPR 24 deals with summary judgment, including when they can't be sought.

CPR 23.4 deals with service of an application on 'the other side'

Share this post


Link to post
Share on other sites
...and why haven't you applied for judgment?

 

You can't apply for default judgement once they have made an application to strike out... TB

Share this post


Link to post
Share on other sites

usual game with this user

never ever tells us the full story

loads of like threads already

 

 

dx

  • Haha 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Strike out and or summary judgement is the pitfall of starting a small claim as they occur just before allocation to track meaning costs can be claimed for.

It is possible and it happens all the time leaving the losing side down by £1500+ (the applicant applies for more but has difficulty getting it through due to cost basis) only a few weeks after the claim is started.

 

In these circumstances, judges seem to dispense with all the service rules and paperwork, witness statements, skeleton arguments etc are served days or minutes before the hearing.

Share this post


Link to post
Share on other sites

I split my thread into two parts

 

I have a contract called a ‘zero hours contract’ with a new firm. I was offered a two-week project. Unfortunately my supervisor did not like something on me and I was removed from the project at the end of the first day but without providing me with any good justification that I frustrate the performance of the contract.

 

Issue number 1 is that my contract does contain a clause which says that my employer reserve the right to withdraw any work offered to me and already accepted by me

 

1.

I would like to know if I can claim for breach of contract for the remainder of the two weeks because I heard that ‘zero-hours contract’ do not have a specific meaning in law because there is no statutory definition of them and all depends of the terms of our contract. However my contract contrary to other zero hours contracts does not contain a clause where it is stated that my employer reserves the right to cancel the work that he has offered and has already been accepted by the casual worker

 

So what could be the difference between a zero hours contract which has such a clause and one which does not have it. The issue is what happens to the zero hours contracts which do not have such a clause? Does this mean that the employer can remove the work that he has offered to the casual worker and which has already been accepted by the casual worker only if he has good reasons which frustrate the contract and make impossible the performance of the assignment for example the assignment is completed earlier than expected or the casual worker performs very badly his work and is in breach of contract himself for this reason?

 

2.

Terms in my contract require me to confirm my availability to do an assignment and to notify immediately if I am unable to work hours agreed if I have accepted an offer of work. However my contract does not set out the terms that will apply where work has been offered by the employer, accepted by the casual worker and them withdrawn by the employer. I would like to know if these terms are not missing in my contract and give me rights to compensation for breach of contract for having been removed from the project the first day without any proper justification

 

3.

I would like to know if there is not also a problem of basic contract law about offer and acceptance because one term of my contract says my employer is under no obligation to offer me work and me I am under no obligation to accept work. However the issue is what happened when work has been offered and has been accepted by the casual worker because I heard that according to contract law when an offer is made and it has been accepted there is a binding contract?

 

4.

In these circumstances I would like to know if my employer has not understood the difference between the right to offer work and the right to refuse it and the right to withdraw work which has already been offered and has already been accepted by the casual worker?

 

ISSUE NUMBER 2 is to know if I was offered one day work only by my employer or the entire project in order to determine if he has complied with his promise to offer me the work that he promised me before removing me from the project to determine whether or not he was in breach of contract

 

5.

My employer in my contract uses several times the work ‘assignment’ to describe the work offered to me. The issue is what in my contract is meant by the word ‘assignment’? Does it mean a ‘specific task like a project’ or it could be only one hour work during a shift?

 

If my employer could remove me from a project when he wishes it would mean that each separate hour of work is a separate assignment and because in my contract it is stated that a normal shift is seven hours and I am paid by hours this would mean that I perform seven different assignments during a shift

 

My employer in his email makes reference to the duration of the project and he told me that it will be two weeks. My employer asks me if I would be available for the entire project.

 

My employer could says that he does not have any obligation to provide me with a minimum number of hours of work but I was entirely removed from the project after the first day what is a different matter that cancelling shifts occasionally for operational reasons. Moreover the other casual workers remained in the project because the project was not terminated

 

By removing me from the project my employer made impossible the performance of the contract i.e. the possibility of giving me work even if he wishes. Once I was removed from the project this issue of giving me work only if he wishes is redundant

When at the end of the first day I was removed from the project my employer told me that he has to cancel all my shifts for this project

 

6.

Another issue is what could be the intended meaning of ‘work or hours of work’ used in a term of my contract. I have googgled this expression but I found nothing. I would like to know if ‘work’ means a specific task like a project and ‘hours of work’ means that a project is not given to me to do but I can be asked to work on it occasionally

 

7.

I would like to know if what matter is the expectation of the parties to a contract because I could have refused to work for another company to work for this company because my employer causes me to believe that I will do a two-week project because there is no clause in our contract which says that he can remove me from a project at his discretion without any good reasons after I have already accepted the work offered to me.

Share this post


Link to post
Share on other sites

Is this hypothetical? Real?

 

I ask as because of your previous (mostly land law questions), and previous concerns that you were looking for people to do your law coursework for you.

 

On the one hand people seeking advice from CAG shouldn't feel put off. On the other, how many complex legal questions can one person have before "are they trying to get us to do their coursework?" becomes a legitimate question??

Share this post


Link to post
Share on other sites

Having done quite a few over the last few years i can spot a legal problem solving question when i see it as part of course work, but stand to be corrected

Share this post


Link to post
Share on other sites

Just in case this is a "real world" question and the OP is after 'advice' rather than coursework:

 

Ask if there is any work for you with a different supervisor.

If not : move on.

 

As for you turning down other work to take up the first placement : that is a risk that comes with any 'temp' work and isn't actionable on its own.

 

Apologies if you feel these replies aren't accompanied by the level of explanation I usually provide. "advice" vs. "Coursework" and all ......

Share this post


Link to post
Share on other sites

It is real. I am currently negotiating with my employer. I would like to prove him that he is wrong and to convince him to pay me the remainder of the two weeks or better to take me back and it is why I need advice from your.

 

I think that my thread raises interesting issues about employment law

Share this post


Link to post
Share on other sites

Likelihood they'll take you back working with that supervisor : next to nil, hence why I said about seeing if they have any other work with a different supervisor.

 

If there is no alternative work under a different supervisor, likelihood that you'll get a successful claim for any amount making it worth the time & effort required : also approaching nil.

Hence the real world advice offered.

 

Just because it raises interesting issues (hey, didn't you try that slant on things on at least one of your land law threads?) doesn't mean the real world advice will be any different ....... so if potential contributors want to offer advice and not risk doing your coursework, they might choose to give advice without getting into "interesting discussions"...

 

Again, it comes down to which is more important to you, the advice or the discussion.

Share this post


Link to post
Share on other sites

You say that my chance are 'nil' can you please expand

 

I am interesting in both the advice and the discussion

 

As I say it is real. Moreover there is no chance of anyone doing a potentiial course work because I ask only a short advice and not that someone write several pages of course work

Share this post


Link to post
Share on other sites

How did you get the job, resources, was it direct or via an agency?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
You say that my chance are 'nil' can you please expand

 

Sorry, not 'expanding', for the reasons already stated.

If others disagree with my advice, they can give their advice (with or without reasons).

 

If others agree, they can say so (again with or without their explanation).

 

I'm content with offering advice and not doing your coursework (neither in detail NOR in brief) for you.

Share this post


Link to post
Share on other sites

Employment law 101 - irrespective of any contractual status, employment during the first month can be terminated without notice. For any reason that does not fall within the limited exceptions.

Share this post


Link to post
Share on other sites
It is real. I am currently negotiating with my employer. I would like to prove him that he is wrong and to convince him to pay me the remainder of the two weeks or better to take me back and it is why I need advice from your.

 

I think that my thread raises interesting issues about employment law

 

He is right. You are wrong. And no it doesn't.

Share this post


Link to post
Share on other sites

I got this job directly and not through an agency

 

According to employment law it is necessary to have at least two years service to claim unfair dismissal and to have at least one month service to claim for breach of contract for non payment of notice. However I do not want to claim for unfair dismissal or for non-payment of notice. I want to claim for breach of contract for the remainder of the two weeks that I could not work

 

This issue of work being cancelled often without notice is very important for people on zero hours contract. Therefore this issue of whether or not an employer needs to have a clause in the zero hours contract which says that he reserves the right to withdraw work which has been offered even if it has already been accepted by the casual worker is an important, unexplored and interesting issue. Some zero hours contract have such a clause and other have not it so what could be the difference?

 

There are so many people on zero hours contract so this issue could be important for many users of this forum

Share this post


Link to post
Share on other sites

The terms of zero hours contracts are actually quite well determined in law. This is, however, a red herring. Regardless of ANY type of contract, an employer has the right to dismiss with immediate effect in the first month WHATEVER the offered contract consists of. That has nothing at all to do with unfair dismissal. It has to do with the law. The OP may not like the law, but they aren't going to change it.

 

However, if it is the case that they cannot manage to last more than a day or two in a job, then they perhaps need to address greater concerns. Such as what is wrong with their performance.

Share this post


Link to post
Share on other sites

Or, why they keep getting into complex legal situations (zero hour contract dismissals Sept 2016 and now) and complex lease queries.

 

You were advised about the leases ; if they are that complex, and you don't trust the LL's - rent elsewhere. Yet, you asked more than once (aparently about a different property the 2nd time, too)

 

2 different complex leases? Dismissal from 2 different zero hours contracts?

 

You've been advised about the zero hours contracts (the previous threads & this one) : don't (start to) fight a loosing battle.

 

You say you want advice : but you don't seem to want to take it when it's offered....... multiple times now.

You say you want discussion : but on that last zero hours contract thread it was noted that what you meant by "discussion" wasn't discussion but instead : asking the same question over and over - hoping to get the answer you wanted.

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 775 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
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...