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    • 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.   thanks
    • I don't know what you mean about group?  I don't know where to go next, but the bank said they wouldn't help as did PayPal. 
    • Hi, 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 
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spunko2010

@talktalk - taking to court to save time/stress

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Hi all, Sad (but happy!) to be back on the CAG - as it means another legal issue.

 

For my sins I took out a contract for fibre with TalkTalk a few months ago. Previously I was with BT directly and never had problems. Once the switch was done to TalkTalk it was dire and never worked fully since - dropping connection, slow speed, awful CS, and so on. I initiated a complaint with them internally and they gave themselves 28 days to fix it; over a month later it still isn't fully fixed so I have given up with them.

 

I have written several letters and CC'd them to the CEO but just get boilerplate letters back. All I want to do is leave and move to another provider. TalkTalk have relented here but are saying they are owed the rest of the contracted amount - £300 odd!

 

I am concerned cancelling the Direct Debit will mess up my credit history so I am minded to let them take the funds out, then go to MCOL to recover the funds + minor costs that way via 1982 Supply of Goods and Services Act and their failure to follow.

 

OFCOM refer me to some pointless and drawn-out "alternative complaints procedure" but frankly I have wasted enough time on this petty issue and just want to move on. My question is, given that TT have failed to fix the issue despite being notified within a lengthy timeframe, can I go directly to MCOL and recover costs that way, or will MCOL look down on me for not following OFCOM's useless alternate resolution garbage?

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you would need to comply with the new

PAP rules

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

however upon your initial question also..

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.


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Thanks. Just to clarify I am an individual and registered with TalkTalk as such:

 

"The PAP will apply to any business (including sole traders and public bodies) claiming payment of a debt from an individual"

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Hi

Regarding the slow speed and drop outs. Have you run tests at certain times a day to make sure it isn't traffic management in operation. This is where an ISP slows down certain parts of the network so that others can use the internet at busy times.

 

If the download speeds are significantly lower than expected or even promised then you should be able to leave with no penalty.

 

Talk Talk are members of the voluntary Broadband Speed Code (residential)

 

http://tinyurl.com/y8kf66wg

 

Have a read and see if it applies in your case.

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Hi,

 

Thanks for replying. I don't think I have been fully clear so let me clarify the entire situation with you all, and see what conclusion you come to.

 

1. Joined TalkTalk 2 months ago, immediately was getting 0.7MB/s rather than the promised 15MB/s+. Previously was with BT, same phone jack, same equipment, same everything except the ISP where I was getting 25MB/s. I was also getting dropouts between 7pm and 10pm every day, i.e. no internet at all.

 

2. Reported this to TalkTalk. Firstly they blamed it on line attenuation and settling down, and all this nonsense.

 

3. A few weeks passed and I kept getting passed off, until I made a complaint with them and asked to leave. They then set up some meaningless "internal complaints procedure" and gave themselves 28 days to fix the issue. I was 1 day outside the "cooling off period" , sods law. They said I'd need to pay the £300+ to get out the contract or wait 28 days for them to fix the problem.

 

4. During those 28 days I was lied to and cursed at repeatedly. I always remain calm on the phone, but they really tried me. One of the most memorable moments was when I was waiting for an Openreach engineer who failed to turn up, I was told he was "late", then "lost", then "sent to another address by accident" - smelling a rat I rang Openreach and pretended to be from TalkTalk, it turns out there was 'no fault reported'.

 

5. At this point I had given up, it wasn't worth the stress, and sent them a letter to their Head Office and MD saying I want to be relieved from the contract immediately without penalty or charge. I got back some general letter.

 

6. I then sent a Letter Before Action, telling them they had failed to provide services and I would not hesitate to initiate a claim if they did not agree to terminate. Didn't hear anything, although yesterday I got a phonecall from them stating they were cancelling my contract but I had to ring them after I had changed over to another provider. Of course this likely a ruse for them to take out the £300. So I suspect I will be taking them to MCOL after all.

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Thanks for that explanation. One question if I may. Where did you get a number for BT Openreach? As far as I knew, they made no contact details available for anyone.

 

You have two choices to make.

 

1 Sign up with another company and take the risk they will not chase you for the £300

 

2 Pay the £300 then sue them for it back in the county courts.

 

Personally, I would sign up to another company and not pay, Follow the complaints process then go to the Telecoms Ombudsman. The drawback is that Talk Talk will likely file a default for breach of contract even though it seems it is their fault. This can be challenged.

 

You have the slow speed and the drop outs (these will be caused by the slow speeds) so they should have let you terminate with no penalty.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I actually got the number from TalkTalk! I didn't ask for it, she gave it out. I had to Google what the questions they were asking were, as they were asking things like Press 1 for 21 CN, press 2 for Fixed subscriber (or something like that). It took about 5 goes of hanging up when I got one wrong.

 

If you want it I can dig it out, although I did Google the number at the time and it seemed to be quite widely known.

 

 

The disconnection / changeover day is today so I will see what happens and update this thread.

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