Hello

jeudi 4 juin 2015

Hello all,

I am new to the forum but it was recommended to me by my sister as being a good place to get advice. Which is a good thing as I'm having a few builder issues. Off to find the right forum to tell out story! Looking forward to "meeting" some of you around these parts.

Jill


Hello

claiming back charges under financial hardship

dimanche 19 avril 2015

I wish to claim back my charges from hsbc under the Financial hardship. Do i claim back the actual amount or will i add interest and at what rate. I have found a spreadsheet which allows me to add interest at 29.9 % which is mostly used in calculating credit cards charges, can i use this same spreadsheet. Thank you and will appreciate your prompt reply.





claiming back charges under financial hardship

met mcdonalds gatwick airport 10th April parking charge notice via post

Hi I wonder if anyone can help me

I went to gatwick airport to pick my uncle up its my car and I was driving

I parked on the mcdonalds there had something to eat inside etc and went in the petrol garage there to buy some drinks for our long journey home

I recently received a parking charge for £100 or reduced to £50 if pay within 14 days by the 24th of April



What should I do appeal it and if so what do I say



Many thanks for any response I get as this is the first time I ever had this happen and wonder what to do for the best



Kind regards



Jordan



I forgot to mention I only overstayed 14 mins it states on the letter





met mcdonalds gatwick airport 10th April parking charge notice via post

Pregnant work disciplinary action

hi everyone I'm new and really desperate for some advice please.





im 17 weeks pregnant with my second baby, from the start I have suffered from severe morning sickness and have been in and out of hospital, around the beginning of March I was diagnosed with hyperemisis grevardrum and was signed off from work for 4 weeks.

In this time it was split between 2 sick notes... First one dated 6th of March to the 20th of March... Second one dated 19th of March to the 3rd of April. Both my partner and my mother took both sick notes into my employer as I was to ill to do so myself. They were handed in as soon as I received them from my GP





i returned to work as planned, on my first day back was summoned into the office I thought to do my return to work form which it was but also for a formal investigation as to why I never showed up to work and failed to notify them of my absence. I explained I had sick notes covering me for this period etc. they noted this down and continued that I failed to keep in contact with them enough when I did.





its now been taken to disaplinary I have a union rep involved that is coming with me to my hearing next week but I'm so nervous.... I contacted HR who were meant to phone me back Friday as I questioned them about this as my sick notes which are on my file cover me for this whole time... But no one called me back! I'm treated like absolute crap by them and I feel physically sick with it all





During my my first pregnancy I was bullied so severely by the store manager that I was signed off work from 20 weeks till end of pregnancy with depression, I only returned there because she had left but now I feel it's starting all over again. I feel so down and having trouble sleeping with the worry of this .





ive also contacted asolicotor that agrees this is wrong and has agreed to take it on on a no win no fee basis if I am dismissed by them.





ive also this evening read I can take them to a tribunal for injury to feeling I have no idea how to go about this the costs etc would I get any assistance if on a low income! Would it even be worthwhile ?





Thank you in advance





holly x





Pregnant work disciplinary action

Urgent advice needed for brother in law

Hi there,

My brother in law's parents are currently going through a divorce, and he currently lives with his mum.



The problem is as follows:



He has a high amount of debt (around 20k) and no income. He left his job due to his mental health (he suffers from depression and a gambling addiction, though the latter is undiagnosed). As he has no income, he has no money in order to pay back his debts. The main issue with this is his car, which is on financing for around £13k. He has £9k of this still to pay back.



He has accepted that he is likely to default and have to give the car back, but, what would be his best option? He has a small child (18 months old), and needs a vehicle in order to look after him, and find work again.

I have told him to speak to his creditors to explain his current situation, but I don't know whether bankruptcy would be better. He said that when he purchased the car, he thought it was for less than he signed (I'm getting him to send me the paperwork to look through for this), but this is hardly likely to stand up to any contractual challenge.



Thanks,

K.





Urgent advice needed for brother in law

Tenant overstaying contract

Somebody is renting out a property from a housing letting company and they declined to renew their contract due to payment issues . They have not left and are continuing to live there. As they will not be classed as squatters, does anyone have any ideas what to do next as we have other people wanting to rent the property.





Tenant overstaying contract

probate 10 years later

Good afternoon to all, i have posted on here few months ago regarding my mothers property as she died intestate. There are four siblings and my sister has never left the parental home. So here we are now after going through probate, we now go to a solicitor to change the name from my mothers name to ours, only to find out my dads name is the only name on the deeds and my mothers has never even been on. Can anyone advise as to what we do now. Do we have to go back to probate with my dads details he has been dead 10 years now. All the probate we have done was in my mothers name as we had no idea dads name was the only one on the house. Many thanks.





probate 10 years later

Final solicitors bill...

Hello Folks, I have just found this website and wonder if anyone can give me some info and or advise. I have just been through a long drawn out set of legal proceedings where I have been defending my ex husbands application to downward vary a joint life spousal maintenance order. The final hearing was last Nov and It delivered a very unfavourable and unexpectedly dissapointing result on my behalf, my solicitor admited himself it was unforeseen etc and there was a string of erros made in the finalising of the court order etc..the barrister instructed by my solicitor failed to provide any notes to ,explain the judges descision/ reasoning. There is so much background here and would take me ages to write it all but to cut to my question

Why hasnt the solicitor sent me a final bill? I had paid as we went along so imagine the final amount owing is around 2k.. but suspect he never got councels notes and was unable to debreif me adequately etc.. how long is reasonable/acceptable to be expecting a bill? Its 5 months now, could he have decided to waive the final bill on account that it all went pear shaped? Obviously Im not going to chase the bill as I really cant afford to pay it...but its a worry:tinysmile_angry_t::tinysmile_angry_t:



Dollymix





Final solicitors bill...

12 weeks equal treatment - can I waive my right to it?

Good day to you All,



That's my first post in here , I hope I will not breech any regulations or be rude if I go straight to the point.



Let me apologise for my written English in advance, as you will notice soon its not my native language, any confusion, please let me know and I will try to clarify it.



I have a query regarding to Agency Workers Regulations 2010. I have been working for the same agency in the same place in similar roles(production operative) continuously from the beginning of 2011. Just before the new regulations of equal treatment came into effect on 01.10.2011 I was asked by my agency to sign an new contract. I do not have to explain what would happen if I did not sign it freely (unemployment.)



The new contract was prepared to avoid potential claims against the new regulations(mainly basic pay, that after 12 weeks of qualifying period should represent the pay that hirer offers to directly employed.)



Agency came up with a contract that reads two interesting clauses, that for me , seem to be illegal:



1. ... during the currency of this agreement, you shall have no entitlement to the rights conferred by Regulation 5 of Agency Workers Regulations...



2. I acknowledge that by entering into this Agreement I am foregoing any future entitlement I may have to equality of pay under Agency Workers Regulations (as "pay" is defined under Regulation 5 of the Agency Workers Regulations)



In my humble opinion its is an illegal agreement as it leads to an illegal end(comparison to signing contract for murder?)



Can I ask for your opinion and advice whether it is worth to take it to the tribunal, court? What would you do if you were facing similar situation?



I do not want to start an dispute without knowing I can prove my rights.



Thank you in advance.



Regards,

Tonny





12 weeks equal treatment - can I waive my right to it?

Two defaults for same debt

Almost identical but not.



Here's the timeline.



In July 2013 I defaulted on a 3 mobile account. This was written as £81 on my credit report under 3 Hutchinsons.



I ignore the debt until September 2014 when I contracted 3 asked them how much I owed them and asked to pay in full. They told me I owed £80.75 (I have in writing) and accepted my offer to pay in full.



My account was updated on 1/10/2014 to settled in full and was marked closed.



Now 6 months after full payment at the end of march I look at my credit report to see another default was added by a debt collection agency. It has the same date of default but there are a few differences firstly it has a red marker on March 2015 (is that fair when I paid in September), it has a different account end date (12/01/2015 which I'm guessing makes it look like I only paid in January?) and worst in my opinion it says I partially settled :(



So now it looks like I've had two defaults in the past with one partially settled and one fully settled. My credit vastly improved when I settled in September, I was able to get a credit builder credit card and interest paying bank accounts. Now my 02 contract has come to an end (always paid on time) and I can't get a new one! And missed out on a HSBC ISA because my score was "too low".



I really don't know how to start fixing this, can anyone give advice?



- - - Updated - - -



Not sure if I can post links but heres my credit report. Also sorry if this is in the wrong forum.








Two defaults for same debt

possible to get chargeing order removed

Hi,i was unemployed and couldn't afford legal help,and because it was a business matter I couldn't get legal aid...subsequently had a ccj against me back in 2011,judge ordered me to pay £10 per month (cause I was unemployed)..started paying in that but a month later there applied for a charging order against my property,.....chargeing order was granted,but I have seen since that maybe this shouldn't have been granted,due to the case of mercantile credit vs ellis...is it possible for me to charge on my property..set aside??...help apprechiated in advance





possible to get chargeing order removed

Barclays Default registered on my Equifax

Dear All,



I have a question and would be grateful if someone could give nme guidance.



I had a payment arrangement to pay Barclaycard via payplan from 2006. Up to 2009 June, I was paying £14.93 a payment arrangement then I started to pay a reduce payment from July of £1.00, Aug 2009 £2.63, Sept £1.00, Oct £4.05, Nov £4.05 and December £4.05 to payplan who paid Barclays accordingly. Then from January 2010 back to the normal payment arrangement that they agreed.



Barclays on the 15/3/2015 (Recently) has stick in a defult notice on my credit file - 24/11/2009 as default. When I raise a query with Equifax, Barclays has come back and said the date was correct, and said the following



"Barclaycard Centre has investigated your query and have told Equifax that, 'The default date of November 2009 is correct. Upon until June 2009 was the customer was paying enough to keep the account on an acceptable repayment plan so the credit file was updated as an arrangement. After the customer reduced the payment in July 2009 the arrangement then broke and we resumed collection activity, it was shortly after this point the formal demand was issued and default was registered.'"


My undewrstanding is that under the code of







***33 Notices to comply with Sections 13.7 of the Banking Code5 and 7.5 of the Lending Code6 should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice serunder Section 87 of the Consumer Credit Act 1974. Where lenders arnot required to issue these notices, they can send an intention to filedefault through a final demand, letter or relevant account statement, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.



MY question is :

Can I go back to barclays and ask for a default notice as I have not received any at that time

Are Baclays allowed to issue a default notice within 5 months what is the normal default months

Since the arrangement was done via payplan, is there anyways that I can argue their decision and if there is an expert in this filed please PM me and I am happy to pay for the proffessional fees if this can be resloved.



Thank you in advance







Barclays Default registered on my Equifax

Delivery Mess - Sue for losses

Hi Folks,



After having some success with advice from this brilliant forum before I'm back to ask for your help again...yeah, sorry about that :(



Story is this: Goods ordered from online retailer, extra paid for next day delivery. Goods HAD to be delivered next day as they were to come with me to a job the day after delivery & I was leaving early. 2 items ordered, sent to me by the supplier by 2 different couriers (go figure! Should've known it'd be a mess at this point!)



On the morning of the delivery I was told that the important item wasn't going to be delivered as it had not left the couriers depot the night before. I told the courier company I would collect but that they would have to sort out my losses with their client - backed this up with an email to the courier company CEO & the suppliers customer service team. Cue a 120 mile round trip. I sent the suppliers an invoice for £50 in fuel which is exactly what it cost me. I had to have this item & as I understand it my contract was with the supplier not the courier......



Anyway, supplier says they won't pay, says they will fight any chargeback I make against them with the credit card company & that they will defend any legal case, they do refund me the delivery charge which I reject as an insult - they send me a line from their T&Cs which says they will not be responsible for any losses, to which I replied that the law overrides their T&Cs, that they are effectively in breach & that I will take them to court.



As I see it for the amount involved I have little to lose by taking them to court for it to prove a point, letting them defend it & relying on the common sense of a judge saying "pay the man, your courier screwed up, you recover the loss from them as they have breached their contract with you as a supplier" - right?





Delivery Mess - Sue for losses

Old Cap1 Debt - Help Required..........

Hi All,



I'm new to this Forum and have joined to gain some advice / help on dealing with a Cap1 debt that I last made a payment on back in 30 Dec 2008. In jan 2009 Cap1 were sent a Signed CCA Request letter along with a £1 postal order. According to all of my records it took Cap1 until 12/10/09 to come up with a CCA that had a signature on it by which time (26/06/09) they had issued a default notice with the CRA's on the account. After receiving the signed CCA I wrote to Cap1 (10/11/09) complaining about the way they had handled the account and requesting that they undo the damaged they had done to my records with the CRA's.

Up until last year I'd heard nothing back from Cap1 then all of a sudden a letter hit the door mat to inform me that Cap1 had sold the account to Lowell Finacial. After the usual harassment letter and Signed CCA Request letter had been issued we agreed to disagree on the matter as expected and have bounced backwards and forwards ever since until this week when I received a letter from Fredrickson International. They have said they have been instructed by Lowell to secure repayment of the debt plus to avoid further action I must contact them ASAP by phone and if I don't they will instruct Bryan Carter Solicitors to take legal action against me.



I have decided not to communicate with FI until I have received some solid advice on where to go now.



Hope this makes sense.



I have all dates etc to hand and all the letters I've sent on paper / hard drive.



Thanks in advance.



Jan99





Old Cap1 Debt - Help Required..........

Told to work sleep over night shift at another care home

The senior at a care home 24 miles away is not coping with the position he is in

he is on flexible working so only works day hrs in the weekwhich means he does not work weekends or sleepover night shifts

Sleepover nights involves working

late shift 14:00 - 21:30 working time paid for

sleepover night shift. 21:30 to 07:00. Paid £27 does not count towards Working time

day shift. 0700- 14:00hrs working time paid for

so away for 24hrs not including traveling time





my wife is senior at a care home 5 miles away she has been told by her manager that she will be working at various times at the other care home getting the senior there up to speed , as well as having to work there sleepover nights. And potentialy there weekends The manager basically told her that he can do this and you will have to accept it or leave

her contract does has the clause that says

work were the requirement is needed



question is around the sleepover night shift

can she be made to work it when the other senior only works day hrs during the week

he is on a higher hourly rate of pay



at present my wife Is getting very stressed about this situation she has been loyal to the company for 16 years. And she feels she is being put into a position were she will have to leave





Told to work sleep over night shift at another care home

Right to see half-siblings after death of mother

samedi 18 avril 2015

Hi.



In January last year, my mother unexpectedly passed away leaving behind myself, my four siblings, and my two half siblings to my step dad. My mum and my step dad had been married for almost 8 years when she died, and they had had 2 children together. During this marriage, the relationship between most of my siblings and him was not great, though he did provide for us and my mum very well.



When she died, my eldest sibling was already living away from home studying at university. My other siblings, myself, and my younger half-siblings remained living with him. The house relationship slowly deteriorated, before forcing another of my siblings to leave and move in with his girlfriend. A few months later, another sibling went away to study at university, leaving only myself, an older sister, and my half-siblings at living with my step dad at home.



Shortly after this, my step dad remarried a woman from another country that he had met so that she could move to the UK (there was a relationship, but she couldn't move here unless they got married). This made tensions even worse, and towards the end of last year (mid December) and shortly after my 18th birthday, he kicked me out of the house with no warning. I haven't seen my little siblings since.



A month later, he kicked my only remaining sister living at home out also, and now it is just my younger siblings, my step dad, and his new wife living there. He is not allowing me to see my siblings despite my constant asking to do so. It has now been 4th months since I have seen them, and I wonder if there is anything that I can do legally to force him to allow me to see my little brother and sister.





Right to see half-siblings after death of mother

Old default removed after six years now added again by DCA

Hello,

will make as brief as possible :

2002/3- bought a laptop on 12 months free credit .

2004- tried to pay using my credit card - they refused.

2004-2005 paid each month

2005 oct - business failed insolvent

2006- debt passed to AIC after default placed on file.

2006-2011- paid AIC £1 PCM as arranged by CAB

2011- wrote requesting CCA- never received so debt in dispute .

2012- default falls off file and account closed letter from AIC.

june 2013- letter from Connaught collections informing they own debt and pay up.

2013- request CCA- nothing received so debt in dispute .

2014- letter informing us the company is now called First Credit although same people. Write requesting CCA

To be honest as it was no longer on file we just ignored their letters , it had done it's six years and they had mo evidence of CCA.

OR SO WE THOUGHT

checked credit file (noddle ) as applying for credit card and found that the debt that had already been and gone and been closed and was in dispute had been placed back on the file with a new default date of 06/2014 !!!

i am planning a response but just wanted to get some advice because I know this wrong but we need to sort it out ASAP to remortgage the house .



ideas and /or letter template ?





Old default removed after six years now added again by DCA

unfair dismissal

Hi everyone



I am looking for some advice.....



The company I work for are restructuring and I applied for voluntary redundancy in mid February. I have worked for the company for 5 years and have never had any performance or conduct issues.



On march 2nd someone reported me for leaving a safe unspun... it was locked but the dial wasn't spun. I was investigated and taken to disciplinary. During my disciplinary I was told that they had found further concerns and the would investigate them before concluding the meeting. The following day I was due to find out if I had been accepted for vr but was then told they hadn't made a decision for me, all other employees were finding out but I was told it had nothing to do with my disciplinary. Later that day after emailing my manager she responded and said it was completely due to my disciplinary.



The further concerns of sharing a till against company procedure and leaving a safe unattended whilst I served a customer have now been investigated although they wont tell me how these concerns came about and why they were viewing cctv after I had already admitted leaving the safe unspun.



On the days in question I had a very very heavy work load and felt very stressed, I even asked someone to help relieve my workload. I am also aware of two people who have broken the exact same procedures in the last couple of months and who were not taken to disciplinary for the same allegations.



I am concerned that the company may be looking to dismiss me to avoid paying my redundancy. My disciplinary is now on thursday and I will not find out if I will get redundancy until after it is concluded if they dismiss me I wont find out at all. I have spoken to labour relations who advised me to let the company complete the process, I have not been suspended.



please help

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unfair dismissal

unfair dismissal

Hi everyone



I am looking for some advice.....



The company I work for are restructuring and I applied for voluntary redundancy in mid February. I have worked for the company for 5 years and have never had any performance or conduct issues.



On march 2nd someone reported me for leaving a safe unspun... it was locked but the dial wasn't spun. I was investigated and taken to disciplinary. During my disciplinary I was told that they had found further concerns and the would investigate them before concluding the meeting. The following day I was due to find out if I had been accepted for vr but was then told they hadn't made a decision for me, all other employees were finding out but I was told it had nothing to do with my disciplinary. Later that day after emailing my manager she responded and said it was completely due to my disciplinary.



The further concerns of sharing a till against company procedure and leaving a safe unattended whilst I served a customer have now been investigated although they wont tell me how these concerns came about and why they were viewing cctv after I had already admitted leaving the safe unspun.



On the days in question I had a very very heavy work load and felt very stressed, I even asked someone to help relieve my workload. I am also aware of two people who have broken the exact same procedures in the last couple of months and who were not taken to disciplinary for the same allegations.



I am concerned that the company may be looking to dismiss me to avoid paying my redundancy. My disciplinary is now on thursday and I will not find out if I will get redundancy until after it is concluded if they dismiss me I wont find out at all. I have spoken to labour relations who advised me to let the company complete the process, I have not been suspended.



please help





unfair dismissal

Pregnancy discrimination advice much needed :(

hi everyone I'm new and really desperate for some advice please.



im 17 weeks pregnant with my second baby, from the start I have suffered from severe morning sickness and have been in and out of hospital, around the beginning of March I was diagnosed with hyperemisis grevardrum and was signed off from work for 4 weeks.

In this time it was split between 2 sick notes... First one dated 6th of March to the 20th of March... Second one dated 19th of March to the 3rd of April. Both my partner and my mother took both sick notes into my employer as I was to ill to do so myself. They were handed in as soon as I received them from my GP



i returned to work as planned, on my first day back was summoned into the office I thought to do my return to work form which it was but also for a formal investigation as to why I never showed up to work and failed to notify them of my absence. I explained I had sick notes covering me for this period etc. they noted this down and continued that I failed to keep in contact with them enough when I did.



its now been taken to disaplinary I have a union rep involved that is coming with me to my hearing next week but I'm so nervous.... I contacted HR who were meant to phone me back Friday as I questioned them about this as my sick notes which are on my file cover me for this whole time... But no one called me back! I'm treated like absolute crap by them and I feel physically sick with it all



During my my first pregnancy I was bullied so severely by the store manager that I was signed off work from 20 weeks till end of pregnancy with depression, I only returned there because she had left but now I feel it's starting all over again. I feel so down and having trouble sleeping with the worry of this :tinysmile_cry_t:.



ive also contacted asolicotor that agrees this is wrong and has agreed to take it on on a no win no fee basis if I am dismissed by them.



ive also this evening read I can take them to a tribunal for injury to feeling I have no idea how to go about this the costs etc would I get any assistance if on a low income! Would it even be worthwhile ?



Thank you in advance



holly x





Pregnancy discrimination advice much needed :(