Hi. I don't know if anybody can help but was wondering if any of you had heard anything about this firm from Liverpool or had any dealings with them.
There is an alleged outstanding debt we had with a golf club from 4 years ago. A family member arranged to throw a surprise birthday party for a couple of people but when one of them found out he made a fuss so the event was cancelled. £445 was paid as a deposit which was not refunded and which was the cost of the room hire. An amount of £696 was outstanding for food but the event was cancelled several weeks before and we do not have any copy of terms and conditions.
Anyway, this was forgotten about since they had taken the hefty deposit, until this week. Mercantile Legal & Commercial Services are threatening a claim through court if we don't settle within 7 days or provide reason as to why we believe the money isn't owed.
We have no proof or paperwork anymore, and thinking about it £445 for the room is adequate compensation we believe considering they were providing nothing else. The food wasn't even discussed in detail - it was just a buffet at £9 a head.
So the ball is in our court to either dispute the claim - presumably with some evidence - or be prepared to be taken to small claims court. That's what they say in their letter. They also state that all payments should be in favour of Mercantile.
If we dispute the claim on the basis above then we are admitting to it sort of, and if we don't they've already stated they will see that as an admission and go to court.
Please help, any advice would be appreciated.
I am a welfare rights adviser. Don't ask me what I'm doing on this forum at this time... I would second what Speedfreak said. But also, please note that for a change of circumstances ie. deterioration in condition, after you turn 65 (unless you were entitled to DLA and this ended less than a year ago, and you were under 65 on 08/04/13) you WILL NOT be-able to move from standard rate to enhanced rate mobility of PIP.
I am not saying don't seek a review. You can and you should, if she meets the conditions for a higher award. But it sounds like this would need to be an award in the Daily Living Component element, rather than mobility. As Speedfreak suggests, go through the criteria and work out how many points she qualifies for (for DLC and Mob: awards can go up, down or remain the same), and see if you think the risk is worthwhile.
I am sure the moderators will correct me if I'm wrong, but these guys deal with debt and consumer issues on te whole and few people here will be in a position to give benefits advice.
I would certainly do your own research. The criteria for PIP DLC can be found at Table 2 of Schedule 1 of The Social Security (Personal Independence Payment) Regulations 2013- google it and click on the one at legislation.gov.uk. Make sure you open the latest available version rather than the original, as there have been significant changes in the law in the last few years.
If you need help, or unsure whether a review is worth the risk, please try to get some specialist advice. If you have already gone through the criteria and noted how your partner meets them, this will help the adviser immensely. Unfortunately funding for advice in this area is very limited atm so it will be difficult for the adviser to give a realistic assessment of your case in the limited time frame they likely have unless you have looked at and addressed these first: no legal aid is available in this area any more. But your local Citizens Advice, council Welfare Rights Unit, Law Centre, or MIND may be able to help.
Please bear in mind that (admin, I am sure you will correct me if I am wrong) this is a consumer advice forum and seems pretty hot on consumer and debt issues but few people here are likely to be benefit experts.
If you have a technical question about PIP entitlement then I would suggest you try rightsnet.org.uk forum. People there have a huge knowledge of this kind of area of law. But note they do not provide advise on the merits of individual cases or action needed to members of the public as CAG do, so it is no substitute to doing your own research about the legal test & preferably getting specialist advice.
Sorry for the length of post, force of habit trying to make sure every thing is covered.
Also CAG apologies if I have misunderstood your remit, this is my first post so I am pretty much a newbie.
No worries, sounds like a really stressful time.
Ok. So this falls under contract law, not employment law. What does the contract say about payment? If you have met the terms of the contract, you can go to court to get paid.
It also means you’d need to sue your own company if they didn’t pay you minimum wage - that’s a non starter. Your own company is your employer.
if the client paid for the van it seems right that he can keep the van unless you have something in writing that says otherwise.
I do apologise for any confusion got myself in a rather a tizzy we as a company took on the job. 70/30 profit share taking below minimum wage we actually saw an out. Company was taken bankrupt no
assests only company van husband then took over the contract all great. The client at the time paid to get the van back so work could continue to carry out the contract all happy until now when property sold now we recieved phone call saying he’s not happy we’re getting nothing and he’s taking ownership of Van again I aplogise if this is written in the wrong format I m just typing we stand to
loose everything I’ve kept the wolves from the door with this guarantee again Thankyou for reading
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!