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    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
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dr fox

Broadband server advice

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Our property has only a few houses in the street and built around 42 years ago. 

When we moved here 12 years ago we tried to transfer our internet provider who were Virgin Media although we were unable to do so because there was no cable in the street according to them.  So we went with BT .  We used the internet for browsing the internet although we now have teenagers who are into gaming so speeds etc.. meant nothing,  and I actually still haven't got a clue !!

 

The reason that there was no cable was due to an old neighbour at the bottom who refused (Private Road).

 

We changed to Plusnet  around 4 years ago and been having issues with the internet for a while now. 

We have ran a speed checker  now and again over the past 4 weeks and we are always getting download speeds between 10 - 15Mbs although Plusnet have estimated between 20.5 and 35Mbs on our Contract.

 

We have Unlimited Fibre with them.  Decided to do an online chat and this is a copy and paste of some of the chat:

Have deleted our names. 

 

Are you able to advise if we have fibre  in our street as we were guaranteed that we did by plusnet 

Plusnet: you do have fibre to the cabinet: 

Plusnet: as your line is fibre enabled

Ok thanks. does that mean that the fibre is not in our street ?
Plusnet: no its to the green box

Plusnet: for it to be on the street it would be Fibre to the Property

 Plusnet: but hardly any houses have this available as it is still a new product

 

We tried to change today to another provider today and they confirmed it was fibre but only up to exchange and it will be via telephone wires from exchange to your house.

 

So wondering if anyone could shed a light on this being the correct product we have been paying £35 per month for (Plus phone)

ie.  Should we be paying for fibre when it stops at the exchange which is 1.3 miles away from our house or should it be broadband if there is still such a thing.  

 

Thanks

 

 

 

 

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Arhhhhh this is my domain as a Telco Engineer... 

 

FTTP is a very rare product at the moment. FTTC is an interim product in its current capacity until the UK is full Fibre and is actually to the PCP (Cabinet) more than likely at the end of your street. 

Fibre connectivity on FTTC is either 40/10 or 80/20 

 

You are paying for FTTC which is the correct prices. Sound like you have a fault.

If you have a landline, dial 17070 and get your Telephone number and press Op 2 for a QLT (Quiet Line Test) Do you hear Crackling etc? 

 

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sounds like they are direct to exchange FKO.

 

so if they are they aint doing bad getting upto 15MBs for that copper distance.


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FTTC is to the Cab only. Fibre to the Exchange doesnt work ^_^

You cant get 35 MBPS on a ADSL2+ its limited to 24 MBPS per Sec Down and 1.3 MBPS Per second up. The speed estimate would be correct for FTTC. Fibre is served to Every Exchange :) - Thats how they move traffic along their networks. 

 

Also Plusnet wouldn't be able to provision or bill Fibre if they were on ADSL. 

 

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Agree with fkofilee

 

if you think Plusnet are fibbing, put your details in on BT’s broadband website.

See what it offers you.

 

Are your speed tests done by wi-fi connection to your router, or direct wired connection?

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Lol.....yep going to have to read all posts again and slowly......Will reply in a bit

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12 minutes ago, fkofilee said:

Sorry OP didnt mean to get technical but seems like you need some help.

 

Due to the age of the connection - Do you have one of these in your house?

 

Image result for bt openreach fttc modem

We did have one like that 2 years ago although there was a fault so they sent out a new one .  Ive done the phone test and no Crackling .

 

 

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15 minutes ago, BazzaS said:

 

 

Are your speed tests done by wi-fi connection to your router, or direct wired connection?

Connected to router via cable

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yep into bt socket

 

sorry we have a filter adsl ??

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Or only one socket and no ‘dangly thing’?

 

(missing micro filter, and not plugged into master socket is a possibility...... *editdd to add * but have just seen there is a “filter adsl”)

Edited by BazzaS

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You have a Microfilter - Do you have a spare you can swap it out with? 

Also consider testing plugged directly into the router. Google Speedtest. 

 

Also remember that speeds drop at Peak Times like now - This is because more people use the Network. 

 

If you cant figure it out... Speak to Plusnet and ask them to run some line tests. PSTN and TAM Testing. That way the can detect for a variety of things. 

 

HR Joints, Dis in Networks, Battery Con Faults, Crossed Lines, Voltage Impurities... 

 

:) Dont worry - you dont need to understand all of the above... Plusnet should do though... And site of the above means BT. 

But be warned, if BT come out and find its your kit then you risk £160 + VAT as a charge if its an SFI Engineer (Broadband - Youre reporting slow speeds)

 

Examples of Sockets and Filters below;

 

This is a filtered faceplate... No need for a Microfilter :) Plusnet router will connect to the left socket... The rest you get the idea...

 

Image result for bt socket

 

Filter with faceplate is below

 

Image result for bt socket microfilter

 

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Yep we have a spare micro filter.   Off work tomorrow so will give it a bash in the morning and see if theres a difference.

 

Much obliged for the help. 

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update:  Tried with new micro filter and still no difference in the speeds.  Called plusnet and they sent this 🤪 although looks like there was interference in the line which i never picked up 

 

testplusnet.thumb.png.8ad9709bc8e4b75aea9cf8d3db497072.png

Edited by dr fox

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Update:

Engineer came out and showed us the distance from the cabinet to our home and the speeds that we were given were not achievable,  There is a problem with the router as well and plusnet wanted  £106  to replace because we were out of contract.  Their attitude over the phone was shocking and the guy was very sharp and cutting.  We usually found them to be very helpful so sounds as though this guy has had a bad day

So we cancelled 

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1 hour ago, fkofilee said:

Bad CS means people will leave... 

Why did you cancel? Who are you going with? 

 

Dont know who we are going with yet,   going to have a look online tonight.  I run a small business so going to have a look at business deals as well.

 

The reasons we left were mainly because of the way we were spoken to.  They were not very helpful with regards to the replacement router ,  and then when we got transferred to the cancellation department they were willing to wave the charge so why not just do that in the first place. I know thats standard practice so you dont leave with any company but that really irritates me. 

 

Then theres the speeds that they have admitted were below their estimated speeds.  

 

Yes its business and all about making money but we have been customers for years and our full family also have our mobiles with them as well.  

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Don't cancel then... Get a replacement router and raise a formal complaint accordingly 😉

If you cancel, you'll be without broadband and potentially need to pay £99 for a new install / line restart 😩😩

 

You can transfer your service under OFCOMs rules. 

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