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    • Hi if any one can help me .   I have worked for around 3 weeks for a limited company. Company was operating as retailer at Esso service station   on 3rd of May MFG which owned the esso fuel station fired the retailer due to breach of their contract . The retailer is now holding about 7 member of staff wages. It's 1 women ltd company and still active .   I have send them letter before action as my worry is she is going to dissolve the company and then no one will left take court action.  My intention is to small claim    If any one can help with particular of claim.    She did give me contract which only signed by me not her     Do I need  to have written contract signed to take court action .?   HER actions put me in hardship .   My job title was sales assistant.    Thank you 
    • are they actually stating 128 uses? in the summons   payment should be made on the day  the judge / clerk will tell you how
    • Yeah super happy and grateful for that, they easily could've prosecuted for fraud.    And I sent a pleading letter when they first asked me to plead my case but no I haven't gotten in contact with them since I received the summons on Friday. I don't even know if I should try tbh, I don't think it's going to go anywhere but obviously, I do not want a criminal record in the slightest so I am going to try calling and speaking to the prosecutor on the day.   In the meantime, I will attend court in person. When it comes to payment, do you have any idea of how that works dx? Do I pay on the day at the actual courthouse with my bank card or do I pay online?    Oh also, the oyster was used for 128 uses. So, my chances are just that much slimmer lol
    • It is the speeding matter which will cause you the most trouble.   If you have been "flashed" a Notice of Intended Prosecution (NIP) and a request for you to provide driver's details will be sent to your old address. If you fail to respond to the request  you will be prosecuted for failure to do so. A conviction for that offence carries a hefty fine, six points and an endorsement code that will see your insurance costs go through the roof for the next five years.   You need to either get access to the post at your old address or contact the police in the area you believe you were flashed. How long ago do you believe you were flashed? 
    • Fair enough. I've got everything here, belt and braces  so I'll send the lot in.   Thanks again.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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dancingdogfish

Tied Property Rent Payment

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Hi Guys,

I'm looking for info or advice.

In 2006 I was tupeed, I still have my original contract for reference, I also have a tenancy agreement that stated I needed to reside on site to perform my duties. My rent for the property would be based on a percentage of my basic salary.

 

When my new employer updated staff contracts in 2010, they didn't update or renew the original tenancy agreement, but they took a copy for their reference, my rent went up 3 times between 2011 & 2017 being deducted directly from my wages by the payroll office.

All three increases have been at a much higher percentage than the original agreement states. I have since discovered that a colleague that has now left, that held the same role and conditions, disputed the payments and only had one rent increase in line with his basic salary.

 

What I am trying to find out is should I receive a refund of the paid amount over the set percentage, if so, could I expect to claim interest on the over payment.

 

My current employer has never updated or renewed my tenancy agreement, only sent a letter each time stating the rent would be increasing.

 

I would be most grateful for opinions on this.

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So posters are aware of what Tuped means

 

https://www.gov.uk/transfers-takeovers

 

Regards

 

Andy


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Sorry - you should have disputed this at the time. TUPE protects the terms of an employee at the point of transfer. It is a fallacy that nothing can ever change thereafter. In your case they changed the rent. Perhaps they shouldn't have, but they did - and you accepted this and paid the agreed amount. Passing it is agreement to it. You didn't dispute the rent. So I can see no grounds for you to claim TUPE in retrospect simply because you have now noticed that the rent was increased more than what was in your original contract.

 

I don't see that you would have a valid claim in law- but you might ask. And if you want to take it further I think only legal advice would do, which is unlikely to be free. I don't suppose you are in a union?

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The tenancy agreement was never amended or updated by my new employer, they copied the original for reference, but I have a letter from the then HR team leader that states the percentage of my salary to be paid for rent. Nothing to do with the TUPE and my new working contract. The new amounts were deducted from my wages. This refers only to the tenancy agreement, the other details were just background info.

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They told you what the new rent was, didn't they? And you paid it? That seemed to be what you were saying. That would constitute notice of a change ("here's your new rent amount") and agreement ("here's the rent"). You didn't dispute the amount. They didn't surely put up the rent without telling you it was going up? Your colleague must have been told, otherwise how could he have disputed it.

 

The issue here is that your are relying on a term that appears to have been legally varied without any dispute from you. And seven years later you area now disputing it, and that's too late. After seven years it really now is the contractual term - unless you can claim it isn't. And that's not going to be easy, hence the need to be clear and get legal advice if you want to dispute this.

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