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


  • Tweets

  • Posts

    • Alfy
      Ovo Energy Bill is way too high - faulty smart meter

      By Alfy · Posted

      I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • tedney
      HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

      By tedney · Posted

      I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Unilateral Holiday Change Advice Needed

worcester4x4
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2663 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

worcester4x4

worcester4x4

Posted
Posted

Hi

 

First,

I want to say that some years ago I was a member, avid poster and grateful receiver of advice on CAG.

 

I can now no longer remember my username and details so I've created this new profile.

That said I have an issue to resolve:

 

I have worked here for a number of years.

I get a contractual 25 days annual leave + bank holidays + discretionary 3 days over Christmas.

 

My employer has now announced that the discretionary Christmas leave will no longer happen and that we must reserve three days out of our 25 days annual leave to cover the Christmas shutdown.

 

There is no option to come into work between Christmas and New Year - the company is shut.

Is the company entitled to impose this change?

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

Yes sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
worcester4x4

worcester4x4

Posted
  • Author
Posted

From a high-level point of view the change translates as a unilateral reduction of holiday entitlement by three days. I don't think I take issue with the withdrawal of the "discretionary" three days but I do certainly take issue with the compulsory use of three days of annual leave to replace it. There's no option to work over the three days as the company is formally closed.

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

Its been that way since the early 1990 in all councils schools colleges etc

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
sangie5952

sangie5952

Posted
Posted

There is no right to take any holidays when you want. In theory - and this is true for some people - the employer can dictate the dates of all your holidays. So they have to right to not give discretionary holidays. And they have the right to tell you that you must use holiday to cover periods when the employer closes. They don't have to give you any options too work.

Link to post
Share on other sites
worcester4x4

worcester4x4

Posted
  • Author
Posted
Its been that way since the early 1990 in all councils schools colleges etc

 

I don't really understand your answers. I'm trying to get an employment law viewpoint. I'm prepared to raise this as a formal grievance to my employer; if, as is likely it's ignored (or worse) would I have any grounds to take it to a tribunal.

Link to post
Share on other sites
Emmzzi

Emmzzi

Posted
Posted

they are acting within the law, you have been very fortunate up until now, you are about to be less fortunate, but you have no grounds to go to an ET

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

Link to post
Share on other sites
worcester4x4

worcester4x4

Posted
  • Author
Posted
There is no right to take any holidays when you want. In theory - and this is true for some people - the employer can dictate the dates of all your holidays. So they have to right to not give discretionary holidays. And they have the right to tell you that you must use holiday to cover periods when the employer closes. They don't have to give you any options too work.

 

The company has never formally closed. I miswrote that part. In the past we have always had the "Discretionary" three days over Christmas unless there was, in any particular year, "a pressing business need to come in to work".

 

So that means that the company is open but we didn't have to come in to work under normal circumstances. Now they are saying we must take three days leave over this period, they haven't stated that the company will close over Christmas.

Link to post
Share on other sites
worcester4x4

worcester4x4

Posted
  • Author
Posted
they are acting within the law, you have been very fortunate up until now, you are about to be less fortunate, but you have no grounds to go to an ET

 

So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

Correct

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
sangie5952

sangie5952

Posted
Posted
So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

 

No. I am saying that they have a legal right to use their discretion to NOT give you an extra three days holiday.

 

 

And they have a legal right to tell you when you will take your holidays.

 

 

These things have always been their rights,

 

 

they were not your terms of contract and they don't have to consult you.

 

 

So they have the unilateral right if you wish to call it that

 

 

- but they have not changed any terms and had no need to consult.

Link to post
Share on other sites
Emmzzi

Emmzzi

Posted
Posted
So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

 

3 day off at crimbo isn't in your contract, is it? I mean in writing. Until now it's been an act of kindness, not a right.

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

Link to post
Share on other sites
ericsbrother

ericsbrother

Posted
Posted

your only option is to refuse your salary/pay and tell them you dont accept the money because you dont accept the changes to your contract. After a month you culd refuse to work for free and it will all end up i a big fight between alwyers at everyones expense. This will only work if every employee goes along with it. Unions play their part in avoiding such disputes and that is one of the reasons why they are a good idea. a union could have negotiated some other benefit such as a small salary uplift or maybe discretionary time off at some other time like easter

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...