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gerson

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  1. This just in: "The Court concludes that the 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft," it said. http://uk.reuters.com/article/2014/09/04/uk-eu-airlines-ruling-idUKKBN0GZ0VE20140904
  2. Hi Jontty, Your UI should payout approx. 70-80% based on your last six months salary. If you hold a valid short stay permit you may remain in Switzerland for up to six more months. This will give you time to find another job. However, you will need to obtain authorisation from the cantonal immigration or labour market authorities. Also if you live in Switzerland, i.e. hold a valid Swiss residence or settlement permit and meet the requirements, you will be entitled to receive unemployment benefits. Your nationality does not affect your entitlement to unemployment benefits. So if you get and can survive on UI payments then I would suggest that you give notice as per your contract and claim your UI entitlements Your rental deposit should be returned (did you pay this into a rental deposit account?) - unless you have trashed the place. Have a look here for more information on unemployment: http://geneva.angloinfo.com/information/working/unemployment/ Or here for rental/deposit information: http://www.expatfocus.com/expatriate-switzerland-renting-property Good luck G
  3. Based on what Soul Reaver has stated it would appear that this debt originated in Switzerland. The questions are: Was the OP resident in Switzerland at the time and was the debt/loan taken out whilst in Switzerland using a Swiss brocker/bank/agency - if so then the loan would be subject to Swiss law Has the OP received any Swiss court judgements (Zahlungsbefehl - summons to pay)?? Or am I missing something here?
  4. Hi, AFAIK - As a general rule, the limitation period for civil law claims is ten years; if such claims concern periodic payments or certain types of services, they will be time-barred after five years. This general rule applies to all claims for which Swiss civil law does not provide otherwise. G
  5. Hi Jontty, How long have you been in CH? Which canton are you within? Did you pay tax/unemployment insurance? The normal termination is with three months notice prior to the 'legal' date (I think December is automatically excluded). So if you give notice in January then the three months would be Feb, Mar & Apr (provided April is a 'legal' date). An option would be to find a new tenant to take over your apartment, either as a sub-let or directly. Also have a look into Unzumutbar - according to art 266g of the code of obligations, notice can be given in cases where an event takes place that was unforeseeable when the lease was signed and which makes the continuation of the lease unreasonable. This would effectiveley remove you from the contract without penalty Did you pay a deposit? I am not legally qualified but offer advice based on my experience (lived in CH for over 7 years) G
  6. If it can be proved that the debt is SB'd (more than 5 years without acknowledgement or payments since CoA) then the debt does not exist in any shape or form - SCOTLAND ONLY Therefore it is important to verify the dates as Conniff suggested in post #3, so get the SAR off pronto. They then have 40 days from receipt to supply all information requested. Although the information may not be with you in time..... Would following this be of any help to tactical: http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here In the meantime can you scan, or type out verbatim, what is stated on the demand or answer the questions from http://www.consumeractiongroup.co.uk...TED-April-2014** Do we still have Idainfife or Maroondevo on site-team and can admin ask them to pop-in? P.S. I am Scottish but NOT legally trained so information is based on my understanding only
  7. As this is Clydsdale Bank are you based in Scotland? If so then the limitation is 5 years from the 'cause of action'
  8. Taken from the BBC http://www.bbc.com/news/business-28015456 Payday lender Wonga must pay £2.6m in compensation after sending letters from non-existent law firms to customers in arrears.
  9. Hi dunvant, This is probably better in the main 'Financial Legal Issues' forum - you are currently in 'DCA Successes' Have asked site team to move the thread G
  10. Hi adridude, 2. Limitation issues: What are the time limits for bringing civil claims? Under Dutch, law civil claims are subject to time limitations, and also expiration. Time limitation can be (repeatedly) extended rather easily. This can be achieved by either starting a law suit or sending a written notice in which the claimant unequivocally reserves its right to pursue his claim. The effect of an extension is that the time limitation period starts anew. If an expiration period passes, the possibility to pursue the claim expires. Extension is in principle not possible. Under Dutch law there are some exceptions to this rule. The general rule under Dutch law is that claims are time barred after 20 years from the time they arise. However, the law contains specific provisions for several situations with different (generally shorter) time periods. Claims regarding performance of a contractual obligation must be brought within five years after these claims fell due. That same five years limitation period applies to claims regarding (tort) compensation of damage or payment of a penalty, which starts running the day following the day in which the injured party becomes aware of the damage or the penalty accruing. In any event, a claim for compensation of damage is time barred after 20 years following the occurrence that caused the damage or led to the penalty becoming due. In case of damages due to environmental pollution, the limitations period is 30 years. Claims with regard to rescission or specific performance of a contract have a five-year time limitation from the moment the creditor becomes aware of the default, or in any event 20 years following the default. Other periods of limitation apply to causes of action regarding cultural heritage claims, ranging from one to 75 years depending on the type of claim. HTH
  11. According to thier own T&Cs (1.4 and 2.5) they will deduct fees prior to sending the compensation cheque to you unless payment was sent direct from the OC As they did not follow thier own T&Cs then IMHO this should be mentioned to them and negotiate a resonable repyament plan, with no additional interest and no sharing information with CRAs and to call off Wilson Rose. Also request a full and complete breakdown of how they came to the figure requested As Alloyz1 said (If it is the second one, you have a better standing to consider the bankruptcy threat unreasonable and negotiate a payment plan.) The fees charged are 25% (+20% VAT) - OUCH! So if you know how much you received then you can work out if the fee now mentioned is correct Good luck
  12. No the RAM looks like a haggis but with six legs:-)
  13. They will penalise the workers under IR 35 like they did with self employed truck drivers and IT workers, where they are deemed to be employees so the contractor that hires them has to still pay PAYE for them, and the worker then has to pay Tax on self assessment on their salary, in effect double taxation This is one of the many reasons why I refuse to work in the UK - IR35 killed my IT based LTD company
  14. Update: The Ombudsman has ruled that the 'time bar' is in effect for the FOS to review the case, therefore ther will be no consideration of our complaint Need advise.... Do we now head to court? If so can this be done from outside the UK or would I need to instruct solicitors? G
  15. Just spent most of yesterday evening resetting passwords, running checks, etc My German e-mail account was one that had been identified as appearing in a hacked database currently under investigation in DE Now I need to reset ALL passwords due to the OpenSSL problem - hope I can remember them afterwards Question: Has OpenSSL been fixed properly or will a 'new' bug be found?
  16. Hi, My son is an underwater photographer (freelance) and his basic kit is in excess of 5k, excluding diving gear. If he were to return to the UK, as he plans, and falls into arrears with CT, etc then he would be out of a job as the camera on its own is not much (300-400)but all the extras; presurised casing, lighting, etc; are very expensive and he could lose them for the sake of not paying the CT on time.... I am still trying to convince him that the UK is no place for an underwater photographer G
  17. Hi, Some more quick questions---- Did you rent the apartment as furnished or unfurnished? Was a kitchen included? G
  18. Hi Achocha, Can you post a redacted copy of your tenancy agreement - PDF format please. I am looking for a particular clause regarding 'Moving out' and cleaning. The law was changed a few years back so need to verify what you signed for was correct/legal.... the text I am interested in may contain 'Besenrein' (swept clean) For those that do not know.... NK = at each rental payment period you pay the rent + NK. The NK is an annual assessment for the costs of running the 'house' (i.e. the building costs, communal lights, communal heating, chimney cleaning, communal water, grass cutting, snow clearing, heating costs (estimated) per household, etc..) that is equally spread across all tenants based on apatment size, the number of occupants, etc. At the end of each NK annual billing period the costs are tallied up for each 'household' and charged against the NK (Note: there are usage meters attached to each radiator and you only pay for what you used). Any overpayment is returned within 10 days and any under payment is due within 10 days of the date you receive the breakdown. This 'invoice' will then be used to estimate the next years NK so that you are never presented with a massive bill - usually takes about 2 years of living there to flatline, +/- 100€ - my last one was 24.95€ that I had to pay (been here 8 years now). As I do not know which area of DE you lived in then I can only give my opinion of the NK 'invoice' based on where I currently live. All meter readings and costs that go towards the NK should be completed and with the tenants no later than October of the current year. As you left in August 2013 then you should already have been presented with this. If not then contact the LL/LA immediately - do they have your UK address? or e-mail address? I would assume that the only bill(s) excluded would be either Gas, TV, Telephone/Internet, or Electric. As you have stated that you paid for the Gas then that should be documented in the tenancy agreement. You are correct in that they cannot enforce that you repaint every two years. This was one of the law changes, i.e. you hand it back as you found it... and you only need to paint as often as YOU think is necessary. As for finding another tenant because you left early, after two years rental that is a false statement - within the first 1-2 years you need to give 3 months notice, after that 1 month is enough and either way you do not need to find a new teneant unless you give a short notice period. If you gave sufficient notice then it is up to the LL/LA to find a new tenant. If not and you or the LL/LA did find a 'Nachmeiter' within time then you are only liable for NK upto the earliest of a) date LL/LA begins renovating, b) the end of your 'notice period', c) the date the new teneants moved in If you want I can check your NK statements as well - if so then redact and PDF them here G
  19. Hi Achocha, It is normal in Germany that the LL/LA will arrange for the apartment to be professionally cleaned and painted after you leave, it is also normal that they will try and charge as much as they can get away with. If you are not German (i.e. an Expat) then this fee can be extreme, to say the least, as they know you will not be 'in country' to defend it.. They also 'try it on' with Germans as well - who sometimes pay up without a fight. Did you pay any 'NebenKosten' while you were there??? If you did then you should receive a copy of what you have paid and a breakdown of your cost associated within the NK I assume that you paid the standard utilities (Elec., TV, Telephone, Gas) yourselves or were these included? If not included in the rent or NK, did you leave with any unpaid utilities? You need to ask the LL/LA for the invoice that the cleaning company raised and then challenge it. Do you still have a copy of your rental agreement as this will state your obligations when moving out. In germany it is common that you spend a lot of time cleaning, or even getting someone in to do it, and then the LL/LA says 'don't like it - needs to be better' and you are stumped with the costs, which come out of the deposit. I normally invite the LL/LA over prior to the final moving out day, usually a week at least beforehand, and go over what they think is needed and get it done myself or agree with them a 'cleaner/supplier'... It is also worthwhile to note that the desposit is 'usually' there to cover the costs of cleaning/repainting, damage, etc. for when you move out. As the deposit is placed in a special bank account you are entitled to any interest that has been applied - contact the LL/LA for this information.. They MUST provide you with a full itemised list of how the costs have been assigned against your deposit+interest and any over amount that you needed to cover. There is no legal recourse in Germany that allows a tenant to say 'but I have already cleaned/repainted myself' all the LL/LA needs to say is 'not sufficient' and you are lumbered As the ScarletPimpernel has said they do tend to 'try it on' especially when they know you are leaving the country...... Also the law is very much in favour of the tenant G P.S. How long were you in the apartment as this may have an implication as well?
  20. Update: Adjudicator still won't look at claim due to 'time bar' so has passed it on to the Ombudsman to review if 'time bar' issue correct G
  21. AFAIK.... Simply put... In England/Wales a debt is not enforcable via the court once SB after 6 years of no payment/acknowledgement - it does however still exist In Scotland a debt is expunged after 5 years of no payment/acknowledgement - IT DOES NOT EXIST ANYMORE
  22. Hi, As stated I will submit my response to the adjudicator today. Would it be helpful to also include a comment regarding annual statements around the following Until October 2008 it was not obligatory for lenders to send statements - this is approx. 5 years after my agreement ended. As far as I am aware the lender did not send statements unless they were requested, with cost.. G
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