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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Consumer protection: Deal on EU-wide rules for those sold faulty products

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Consumer protection: Deal on EU-wide rules for those sold faulty products

  • Same rules to apply whether a product is bought online or in a local store
  • Faulty goods have to be repaired or replaced or consumer gets money back
  • First ever EU rules on smart goods (e.g. smart fridges or connected watches)

20190121PHT23935-cl.jpg

Cross-border e-commerce: Consumers are concerned about uncertainty surrounding their contractual rights ©AP images/European Union-EP

Consumers buying online or in a brick and mortar store will be entitled to equal remedies if they purchase faulty products, under new rules agreed on Tuesday.

The directive on the sale of goods aims to ensure a high level of consumer protection throughout the EU and to create legal certainty for businesses wishing to sell their products in other member states. It harmonises certain contractual rights, such as the remedies available to consumers if a product does not perform well or is defective and the ways to use those remedies.

 

The rules provisionally agreed by Parliament and Council negotiators will apply to both online and offline (face-to-face) sales of goods, e.g., whether a consumer buys a household appliance, a toy or a computer via the Internet or over the counter in a local store.

 

Goods with digital elements (e.g. “smart” fridges, smartphones and TVs or connected watches) are also covered by this directive. Consumers buying these products will be entitled to the necessary updates during a period of time the consumer may reasonably expect, based on the type and purpose of the goods and digital elements.

 

Ensuring key contractual rights when something goes wrong

 

This legislation includes rules on remedies available to consumers, guarantee periods, the burden of proof and the trader’s obligations:

 

 

  • when a product is defective, the consumer will be able to choose between having it repaired or replaced, free of charge,

 

 

  • the consumer will be entitled to an immediate price reduction or contract termination and to get his/her money back in certain cases, e.g. if a problem still appears despite the trader’s attempt to fix it, or if the repair is not done within a “reasonable period of time”, or if the defect is of a serious nature,

 

 

  • the trader would be liable if the defect appears within two years from the time the consumer received the product (member states may, however, introduce or maintain a longer legal guarantee period in their national laws, in order to keep the same level of consumer protection already granted in some countries),

 

 

  • for up to one or two years following the delivery, the buyer will not need to prove that the good was faulty (the burden of proof is reversed in favour of the consumer).

 

For instance, currently, if a consumer discovers that a product he/she purchased more than six months ago is defective and asks the trader to repair or replace it, he/she may be asked to prove that this defect existed at the time of delivery. Under these rules, during a one or two-year period, the consumer would be able to ask for a remedy, without having to prove that the defect existed at the time of delivery.

 

Quote

 

Pascal Arimont (EPP, BE), who is steering this legislation through Parliament, said: “ Consumers should be entitled to the same rights when buying a product, wherever they are in Europe. And with this new legislation, we are not only strengthening consumer protection, we are also introducing a uniform legal framework for smart goods”.

 

“However, harmonising key consumer rights does not only imply more consumer protection. It also ensures a level-playing field for businesses, by giving them more legal certainty and confidence to buy and sell cross-border. By tearing down legal barriers, we support our very small companies in particular, allowing them to get their fair share of e-commerce next to giants such as Amazon”, he added.

 

Next steps

 

The provisional agreement still needs to be confirmed by member states’ ambassadors (Coreper) and by the Internal Market and Consumer Protection Committee. The directive will then be put to a vote by the full House and submitted for approval to the EU Council of Ministers.

 

 

 

The sales of goods directive goes together with the digital content directive, provisionally agreed on 22 January 2019. They are due to be put to the vote in plenary as a package.

 

 

 

 

 

 

http://www.europarl.europa.eu/news/nl/press-room/20190129IPR24506/consumer-protection-deal-on-eu-wide-rules-for-those-sold-faulty-products


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