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    • Hi,   I work for a delivery company based in South of England that employs 3 London drivers. We only work 3 days a week and a total of 21 hours.   We were all placed on 80% Furlough again last December, in which has been extended until end of September 2021.   We all received an email a few weeks ago to advise that they were intending to resume London deliveries on Monday 12th April and due to the reduced number of customers that only one driver would be required.    One of the drivers resigned, so there is now only two of us. Therefore they suggested that we alternate between the two (some days furlough / some days full pay) but no holiday to be taken in the meantime due to no cover. Can they chose to do this, while using the furlough scheme?    I am not trying to look a gift horse and I am grateful to still have a job but I am only trying to cover myself from any possible implications in the future.   On checking my payslips in which I had to request as they were not forwarded, should the Furlough gross figure equate to 80% of my usual gross monthly salary?   Also if any holiday pay taken during furlough, should it be paid at 100% of my daily pay and not 80%?   Should my Work Place pension, tax and NIC be deducted from monthly pay?    Should the notification have been in writing rather than a brief email? Should there have been anything else to mention or agreed to?   There is also the issue about being asked to return to work considering that drivers have not been vaccinated or do not feel safe and we have received no delivery covid protocols information.   I have tried looking at the government and other websites but all seems rather unclear.    Apologies for all the questions but any advice would be appreciated or what I need to review or ask.   Many thanks for looking.    
    • It has been pointed out by rereading the contract:   The contract says, Vehicle Control Services, Company Number 02881745 but Companies House says this is the company number for London Southend Airport Company Limited. The contract says the client is London Southend Airport Company Limited, Company Number 02078271, but Companies House says this is the company number for the East Midlands International Airport Limited. A doubly false instrument.   How funny!   Can I object the appeal the application? if so what's procedure?   Obviously the application completely ignored the second judgement:  The Claimant's representative stating that without such information and evidence the Claimant could not prove his claim.
    • Firstly, I am sorry if this is the wrong place to post this. I am new here and a bit unsure as to how it all works.    My issue is with a contract for a gym membership. I took out a 12 month membership in October 2020. I wanted to hand in my notice for this October. I have been informed that I will be able to leave the gym in April 2022. I have made a complaint and made reference to The Consumer Rights act and letting them know that what they are dong is unfair. I Specifically directed them to Schedule 2 Consumer contract terms which may be regarded as unfair :  A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader’s will alone.  A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early. A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.    Their response was the following:     In response to your first email, regarding a cooling off period, looking at your accounts, both you and your partner used the club after signing the membership amendment, before the closure in November and again before the closure in December.  Therefore the cooling off period is not applicable in this particular situation.   Please see below a link to our terms and conditions.   https://www.roko.co.uk/membership-terms   As you will note under Clause 2.3, it states clearly (in italics)   ‘For the avoidance of doubt, you are obliged to make every monthly payment regardless of non attendance, whatever the reason for non attendance might be, except during suspension of membership with prior notice in accordance with clause 4 below.’   Clause 4 only allows suspension for specific reason.   The contract therefore is not voided by a pandemic and the contract obligation to pay is not impacted by the fact that a pandemic has been the reason for non attendance, as pandemic is not a contractual reason for suspension.   The Club, in recognition of this, have extended the reasons for suspension under clause 4 and ensured that all memberships have been suspended (without the £5 per person fee) whilst the club has been closed due to the pandemic.  Under clause 4.3 and 4.4 it clearly states ‘suspended members must honour their minimum membership period at the contracted rate upon returning from suspension.  Notice cannot be served under suspension’ and  ‘Suspended months do not count towards the minimum membership period’.   Once the Club was reopens and the suspension period ends, the contract terms above remain in force in respect of the notice period and the minimum term.   Roko have always worked closely with legal authorities and in a recent investigation (Sept 2020) by Trading Standards it was subsequently confirmed that our terms and conditions meet current guidelines and no unfair terms or business practices which affect the collective interests of consumers could be identified. It was also found that the suspension process implemented by Roko during lockdown was fair to members and that cancellation notice provided by members during lockdown does not count towards the notice period of the membership.   I hope this addresses the specific legal questions that you have raised in respect of the contract. This is the position advised by our legal team who would be happy to discuss this with you.   To reconfirm, I have amended our records as follows to ensure the membership ends at the 12 month mark: ·         First Months’ Notice – 1st February 2022 ·         Second Months’ Notice – 1st March 2022 ·         Third Months’ Notice – 1st April 2022 ·         Final Day In Club – 30th April 2022   As previously mentioned, there are a couple of alternative options available.  These are:   1)       You can pay a settlement fee to terminate the membership earlier than the minimum contracted period   2)      Transfer the membership to a family member or friend who will take over the membership as their own and carry out the remainder of the contract.   Any help/advice would be great.  
    • Rather than rely on unqualified online opinions, suggest that you see a Solicitors and provide them with all of the information.   In your original post, you made no mention of having contributed anything towards maintenance and unkeep of the property asset your wife inheritied and now following replies you state this is the case.    When you see the Solicitors or you sit across a negotiating table discussing the divorce settlement, what evidence can you provide regarding the financial contribution you have made towards the maintenance and upkeep of the property asset your wife inherited ?   The property asset in your wifes maiden name only, is not really any of your concern, unless you have gone to Court and the ongoing legal process has placed a stop on your wife selling or transferring the property asset.            
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Aurelius vs LlloydsTSB


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Hi everyone,

Have completed my Data request using template & knowledge from when I was a FOH manager in casino

Was going to hand it in to the branch personally* but have two questions

 

:idea: To whom do I address it, my original branch bank, my local branch (where I moved account to & where I'll hand in) or LTSB head office??

 

&

 

:?: What details should I have on the form for them to sign that they received it??

(my name, address, their address, person recieving [job title], date, time & space for signature and stamp)

 

(*Will be handing letters in as I can't afford to chase them up on the phone, being a student, and I want to ensure they receive them)

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Hi aurelius

Welcome aboard. It doesn't really matter what address u use, personally i used the Colmore Row, B'ham address throughout. But if u send letters recorded, they have to be signed for and u can keep track of them online. Not too expensive either.

 

good luck

 

regards

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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