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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

mike00

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Everything posted by mike00

  1. mike00
    There aren't any terms that say they can terminate the agreement after a specific time period. These are the terms from the section 'Termination of Employment' Employer has right to terminate Employment immediately without notice or pay in lieu of notice if: Employee is guilty of gross default or misconduct in connection with or affecting the business of the Employer; Employee commits a serious or persistent breach or non-observance of this obligations under this Agreement or fails to perform his duties to the standard required by the Employer; conducts himself dishonestly or in a way which is detrimental to the Employer (whether in connection with the Employment or otherwise) by his actions or omissions brings the name or reputation of the Employer into disrepute; is convicted of any offence (other than a motoring offence not resulting in imprisonment) becomes of unsound mind or a patient under the Mental Health Act 1983 [*]The Employer may, in its sole and absolute discretion, terminate the Employment at any time and with immediate effect by paying a sum in lieu of notice equal to the salary (as at the date of termination) which the Employee would have been entitled to receive under this Agreement between the date of termination and the earliest date the Employment could otherwise lawfully have been terminated, less income tax and National Insurance contributions
  2. mike00
    Hi, I've had a better look and it's actually not clear. They called it "the end of my contract", but they actually seemed to mean one year since my last contract review. My contract actually states: "The employment commences on [date removed], and shall continue until terminated in accordance with the terms of this Agreement". "The employee's salary will be reviewed annually" That's sounds like a rolling contract to me? The meeting was to review my salary, but not the contract as a whole.
  3. mike00
    MMF have been communicating with me by email (I forced this as they didn't have my correct address and I didn't want to give it to them), and the complaint I sent was copied to a number of people including Rob Sands (all addresses I've been able to verify as working). There's no way they can claim they haven't received it. Does the 56 days include weekends and bank holidays?
  4. mike00
    Hi, I contacted a solicitor who takes unfair dismissal cases on on a no win/no fee basis. They responded: "Unfortunately, your case is not within the profile of cases we take forward". This doesn't say whether I have a valid claim or not. It may be they just don't think there's enough money in it for them? The facts surrounding my dismissal are so: 1. I was invited to an appraisal, which was opened up with "I'm in two minds as to what to do" 2. The only issue raised about my conduct was communication, which could have been better. This 'issue' was never subject to a formal disciplinary procedure. 3. Wages were going to be cut and hours increased for all staff in my department. I was asked how I felt about this. I replied, "I will accept it but I will look for another job". 4. After my employer considered my comment for a minute or two, I was told "we'll have to call it a day" and asked to leave immediately and not come back. 5. Wages/hours have not been cut/increased for the other staff; presumably they didn't want to lose any more and could afford to maintain the status quo with the savings from my salary. I was told I would be paid up until the end of my contract, two weeks pay in lieu of notice, and all holidays earned. So far I've only received about half of what I should have. I have some other questions: 1. When do I officially become unemloyed? The date I was dismissed, or the date I could have worked for my notice period? 2. When should I receive a P45? It's been two weeks and I don't have one, and can't sign on without it. Thank you [Edit] I should add that I was employed for 2 years and 3 months.
  5. mike00
    Despite the refund of £10 on 20th May I've had no contact from Wonga. I've sent them a formal complaint demanding an explanation, and immediate refund of £453.26 - it took them four months or so to agree a repayment plan with me, during which time they piled on the interest and charges, which is what I'm trying to claim back. Their website says they will acknowledge a complaint in 24 hours, and will try and resolve it within 48 hours. It's been five days since I sent it and they've been completely silent. Maybe they're just hoping I give up and go away? How do I take them to court for disclosure if, after the 40 days have passed, they still haven't complied with my SAR?
  6. mike00
    Hi, I had a repayment plan in place with Wonga. The counter on their website will keep increasing until you've cleared the debt, it's just how it seems to work.
  7. mike00
    And then do I just repeat the cycle? 1. CCA Request... 2. Non-compliance letter/email... etc? Eventually it will become statute barred?
  8. mike00
    Hi, It's been just over two weeks since I sent an email similar to what Brigadier wrote above. Motormile have shut their motormouth and gone completely silent. All the texts, calls, and emails have stopped. Is there anything I should be doing now, or should I just wait until they make their next move?
  9. mike00
    Hi, In March I made JD Williams/Reliable Collections aware of my mental health difficulties, while attempting to negotiate repayment of my debt to them via email. Eventually, they insisted that I call them to discuss things, but I refused and said I would prefer to communicate by email. After that, they stopped replying. To my knowledge, guidelines say they're meant to keep debt in-house for customers with mental health issues. Is this correct? If so, what courses of action are available to me now they've sold they debt to Fredrickson (I don't seem to have received a Notice of Assignment from either party).
  10. mike00
    Hi again, I need some more advice. I submitted my defence and counterclaim. Obviously there's a fee to be paid for the counterclaim (£60 in my case). Last week I unexpectedly lost my job and can not afford to pay this fee. I'm not receiving JSA yet as my employer hasn't sent me my P45, so I'm not receiving any of the benefits that qualify you for exemption. What can I do? Also, form N180 (and presumably the £60) is due on 6th June. The letter I received says I must "serve copies on all other parties" - does this mean I need to send a copy to Safeloans? Will they have received the same form and are therefore required to send me their copy?
  11. mike00
    Unfortunately not. After asking NatWest to cancel CPA for Cash Genue, they replied with a letter similar to drob's where they said they can't cancel CPA as it's a "service card". It's a blue Visa debit card attached to a savings account. I don't see what difference it should make?
  12. mike00
    And it's now in my bank account
  13. mike00
    Have you sent a formal complaint by recorded post? They have 8 weeks to resolve it from the date of receipt. Only after that point can you get the FOS involved. Their customer charter gives them five days to acknowledge receipt. Address your complaint to: Ariste Holding Limited 2 Reavell Place Ipswich IP2 0ET
  14. mike00
    Victory! I sent a formal complaint, and pointed out that they were in breach of contract; breach of their customer charter and therefore in breach of CPUTR 2008 (supplying misleading information). I asked for £120 back, and reminded them they would be charged more than that if I opened a complaint with the FOS, and that my other rights extend to filing a complaint with the OFT, the CCTA, and the possibility of legal action. They've agreed to refund the £120
  15. mike00
    Today I noticed that Wonga had refunded £10 to my bank account, so they either cannot or will not respond the SAR. I haven't received a written response yet, and I can't think of any reason they would be unable to process a simple request like that.
  16. mike00
    Hi, It's been four weeks since the claim form was issued, so I now only have a few days to sort this out. I think I have a stronger than usual defence, and I know CAG likes people sticking it to these companies who take advantage of the vulnerable, so please, can anybody help me strengthen my defence?
  17. mike00
    Thank you
  18. mike00
    Could a mod please move this to the Motormile forum?
  19. mike00
    Hi, Sorry to be a pain but the deadline is soon Claim was issued 17 April, and as far as I know I have 28 + 5 days to submit my defence? 28 days is next Wednesday, 15 May, so I ideally need to submit this by the end of next week. Any help will be very appreciated
  20. mike00
    Hi Conniff, I still have the original agreement (PDF copy, it was all done online).
  21. mike00
    Hi, I issued a CCA request to a Motormile acting on behalf of a PDL company. They responded with a reconstituted agreement with the following differences: The agreement number does not match Numerous terms and conditions do not match For example, the reconstituted agreement allows for fees and charges to be added to my account that weren't allowed by the original agreement [*]The original agreement did not have the creditor's signature, the reconstituted one does My name, address, APR, and credit limit are all the same as the original agreement. Where do I stand with this? Can I send an 'Account in Dispute' letter and then use my strengthened position to negotiate a F&F?
  22. mike00
    I intend to send the LBA Not sure if just over £100 is worth a court claim, though, we'll see. This is exactly what happens. They don't ask you. They just go ahead and collect interest only on the due date. Their terms say they will collect two payments, one for the interest, and another for the capital.
  23. mike00
    I requested a rollover on two occasions. They've taken nine payments, so on 7 occasions they did it without my consent, and there was always more than enough in my bank to make full payment. I have written to them requesting a refund after reminding them they are in breach of their own Customer Charter, and therefore CPUTR2008.
  24. mike00
    Wonga have signed for the SAR I sent them
  25. mike00
    Awesome, thank you to everyone so far Also if anybody could advise about the counterclaim, that would be great, and also Safeloans' mistake in sending me somebody else's letter (DPA). I have let the intended recipient know, and pointed them in the direction of CAG, so hopefully if they're being treated badly by these companies they have a nice weapon to use.

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