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    • HI all, So I work for a company who offers a review service for large companies, whereby customers can review products and/or services and the reviews appear on the companies own site My job, along with roughly 10 others, is to moderate those reviews. We're all on a zero hours contract, so we do work as and when it's available. The way the system works is for every 120 reviews we moderate, we get paid the equivalent of the basic minimum wage, so £11.44 per 120 reviews. If this were a steady supply of reviews, it could be a decent income, but it's not, so you end up spending a lot of time doing nothing and not being paid for it, such is life For the last 3 months or so they've had an issue whereby a lot of reviews were duplicated up to 15 times and we were told to moderate those as we would normal reviews, so you can imagine how many reviews we've been having to moderate, my moderated review count was probably around 4x the number I normally do, almost throughout the entirety of June this was going on for. So being quite excited about the prospect of a boost in income, to my and other mods surprise and shock, we're not being paid for all those extra hours and work done, for the past 3 months when the issue started.. We're only being paid for the non duplicate reviews, plus 5% on top. So in my case, instead of receiving around £1500ish for the month of June, I'm only receiving around £500 I mean, I get it, marking each of these duplicates was very quick/easy, as it was a repeat decision from the previous 14, but to let us do all that work and not pay us for it?
    • That's good news, well done. From  memory, self-employed people didn't pay into SERPS, it was for employees. And I believe SERPS stopped in 2002, being replaced by S2P. HB
    • You should for the court to consider otherwise they wont grant a directions hearing.
    • Two things: Firstly, can you avoid posting solid blocks of text. They are very difficult for people to read and to follow especially when using small screen such as telephones. Properly spaced please. I have restructured your one for you – but it would be nice if you took care of this yourself. Secondly, when you upload documents in PDF format – please can you use single file multipage format and also a name which is meaningful instead of just random numbers.pdf. As a general guide, you should upload documents in a way that you would like yourself to receive them if you are helping somebody free of charge. I have deleted the two files which you have uploaded earlier. As far as I can make out they are all part of the same document and should have been uploaded in a single file format and named. As it is, they aren't especially relevant at the moment so don't bother about reposting them but please bear in mind what we are saying about uploaded documents. I notice that although I asked you if the item was properly declared and valued you haven't responded in particular you haven't told us the declared value. Is there any reason for this please? Do you understand why you don't need parcel delivery insurance?
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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gaz v hsbc **WON**


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i am in the process of getting my money back from hsbc.

i have sent the two letters and spreadsheets listing my charges. the first letter was sent on the 22nd november 2006 with no reply from the bank, the second letter was sent on the 11th december 2006. the bank then replyed on the 28th december 2006 saying they have received my letter dated the 22nd november 2006. they said in the letter that they are investigating my claim and they will get back to me by the 19th janurary 2007. should i wait?????. the letter came from colin langdale (whop ever he is).

i am now looking to fill in the n1 form and i have done three copys of spreadsheets and have a cheque ready.

can anyone give me advise on filling in the form and what i should do next.

 

regards

 

gareth

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Hi Gaz.

 

This is a classic example of the bank trying to sidetrack you into their timetable.

This is YOUR action and it runs to YOUR timetable.

The time that you allowed the bank to respond was ample. By sending letters, late, they are, in effect, not responding.

 

Get your claim in now, they've had sufficient time.

 

N.1 form info....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Good luck.

Regards, Rooster.

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that should be the figure you've been sending in your breakdown. did you do the advanced s/s or the simple one. the simple one figures the 8% that you can now add on to your claim, the advanced one figures the o/d interest - some people do this and some people choose not to. this would be your last chance to include the o/d interest. if you have not included it up to this point but want to have a look at it - i recommend you look at post number 9 in this link:HONEYGIE sees you HSBC! (multipage.gif1. this is my step by step description of the difference between the two interests and how

to do the spreadsheets. if you choose not to include the o/d interest, you need to do the

simple s/s to get the 8% interest you can now add on at claim stage. there is a sentence

that you need to include in the particulars if you are claiming interest. it is in the template:

4. Particulars of claim - N1 - hard copy version. get back if you have more questions.

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i have done 8% on the spreadsheet. i have gone through the hard copy verion on the n1 form. it was on there so i was wondering how to do it. do i do both or just one of them.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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if you included o/d interest from the advanced s/s in your breakdown then put them both on the N1, if you didn't, just don't put anything for o/d interest - my question to you above was - did you try to figure the o/d interest to see if it was a significant amount. if yes, then include it, if no - then you may want to check it out before you file the N1 as this is the last point at which you could add it to the claim. if you have a look and decide not to do it - then fine - go with the particulars and just don't add the o/d interest - i'm just trying to give you the options of checking it out before you decide not to use it. regardless of whether you claim for o/d interest - you do claim for the court interes 8% on the N1. so, if you want to have a go at the o/d interest follow the steps in the honeygie thread - post number 9 link above.

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Hi all, I have been down to the court with my n1 form and spreadsheet to file my claim. I have had all my stuff back from the court, can someone tell me how long the process is, how long do hsbc have now to file a respones. looking at the paper work they have 14 days to respond. any advise at this stage would be appreciated.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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the schedule looks like this - you file, you can deem it as served on the fifth day - then you start to count days - they have 14 days to acknowledge or else you apply for a judgment, 99.9% of the time they do acknowledge, this give them an additional 14 days to file a defense, if they d on't you can apply for judgment - usually they file their defense at 3:59 on the 28th day.

so, as of now:

you can expect to receive, in a day or two - a notice of issue - that gives the s pecific day it was served (instead of the 5 day deemed), you will normally then receive a few days, maybe a week after notice of acknowledgment - at that point, as you filed n1 and already sent your copies to the court with paperwork you only need to send dg a copy of your breakdown - address on pg2 where they will have ticked the box that they intend to defend. you could wait until they ask for it - but they won't make an offer until they have asked for it - even though the court will have sent them one - it's just another stall, so this shave a couple of days off the process. next paperwork will come when they have defended, including their defense and an aq. my advice, don't fill the aq out and send it right back - wait for the deadline to get close. this gives you a little room to ring dg at the defense filed point and try to spur them into action - asking if they have received your breakdown or whatever -

all that is a few weeks away (28 days) so, that should give you a good idea of what to ex pect. sideline, you may very well (or not) receive an offer from hsbc at about 80-90% of your original claim - which hopefully, you will reject (use template letter) as this is a ploy to tempt you into giving in also, note that any offer should now be from dg solicitors, the hsbc offers will be in response to earlier letters - hold out and you will get it all - court fee, interest and your original charges. good luck. happy waiting.

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when you say dg do you mean there solicitor. do i need to send them a copy of what i have done, i asked the court and they said they would send everything to them. (HSBC).

If after 14 days and still nothing, i take it i apply for a judgement- can anyone tell me how this works. what will happen.

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i don't know how you apply for judgment with the n1 - maybe just ring the court, on mcol you just press a button. yes, dg is their solicitor - and i know the courts send them one - but when you get acknowledged - send dg a breakdown referencing your claim number - they will just ask for it later - it saves time - don't even ask why they want another copy - i can only guess the obvious - another hsbc stall!!!!! so send it, when you are acknowledged - dg details will be on it.

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Hi all,

 

I have had a letter from hsbc today offering me 1595 pounds, my claim is for 2179.

they have said that is is the letter regarding 22nd november 2006. i filed my claim against them on the 10th janurary 2007. do i class this as an out of court settlement. can someone tell me what my next step should be. I would like them to pay the lot. any advise would be good at this point.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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you can either ignore it - or send a rejection letter - probably the better option - simply because it shows your intentions.

here's a template:

Rejection of settlement offer

tweak it to your case - i'd add something like: thank you for your very tardy response to my letter...........

and add something else like...........as you have not responded in a timely manner, i have now filed a claim against you. case number xxxxx, filed xx/xx/xx for the following amounts. then give them charges, plus interest, plus court fee = total. then, something like - it will now require xxxx.xx for me to halt this claim with the court.

 

 

 

now, on another item, have you had an acknowledgment notice yet from the court - when you do, send 3 copies of your breakdown to the court referencing your claim number (unless you filed the n1 in which case you will already have given the court the breakdown) and also, send a copy to dg with your claim number on it - address will be on page 2 of the acknowl. good luck with your claim.

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they have sent this letter with only 6 days to go to the court dead line. will this letter be classed as acknowledgement of the notice of issue from the court.

the only time in says anything in the letter about court is "If your claim for a refund proceededs to court, we therefore believe we would successfully resist any legal challenge in relation to these fees".

can this be classed as acknowledgement?????.

i have done a n1 form with the court.

what to do next????

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no,no, the acknowledgment is an official document from the court -

when it gets the to 14th day from the date of issue - i'd contact the court to see if they have acknowledged and if they haven't - you ask for judgement - there was one just yesterday who got their money because dg didn't acknowledge (that letter was from the bank in response to an earlier letter - has nothing to do with the claim - anything to do with the claim will come from dg solicitors) anyway, i digress, look at stringerancy's thread - he got his money at the acknowledgment stage becasue they didn't file an acknowledgment and he let the court know - funnily enough, it was an n1 as well - since most of these are through mcol - it will be super if yours made it through without an acknowled. as well (we may have discovered a weakpoint). but don't count on it - they may yet file and even if they are late - the court can allow a late one if they want to - so don't get too excited - read stringerancy's thread and keep on top of it. by the way, that letter you got was standard fob off version.

 

check this out:

stringernicy v HSBC ***SETTLED IN FULL*** (multipage.gif1 2 3 4 5)

stringernicy

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i could say fo back and read the step by step's, but i'm in a good mood with all the offers flying in today - so,

if they file an ackowledgment - that buys them another 14 days before they have to file their defense (or again you would win by default), again, we are talking from the date of service 14+14.

if they acknowledge - you send dg a copy of your breakdown with your claim number referencing it. as you've done the n1 you will already have sent the court sufficient copies. we only send dg one at this point - because they have a nasty habit of asking for one and we are cutting them off at the pass (just saving a couple of days), did you see the link in my last post - i added it late. it' fun reading the last few posts - it's just like yours - hopefully!

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after reading the link all i have to do is wait..... and wait.....and wait.

what are the chances of it going to court and them turning up. can i ask what happens in court as i have never been in one in my life.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Hsbc have filed an acknowledgement to the claim i have against them, they have done it with a day to go.

what is my next step.

what is likley to happen now.

anyone with advice on please.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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send dg a copy - even though they must have 3 or 4 by now - it's just their way, reference your claim no. on it and send it to the address on pg 2 of your acknow. they are 99% sure to defend - the do miss the odd one and they do settle before on the odd one but mostly, yes, they defend and to date, most offers are coming between the defense being filed and the aq being due.

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