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JayD6

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  1. Thanks again for the help. I spoke with ACAS who pretty much said that it's tough, I've signed the contract and I'm now bound by it. It seems completely insane to think that I am 100% bound by this contract. There are some worrying terms within the contract also. See below. I'm guessing my only option from here is to get legal advice, which is going to cost. Not good.
  2. Sorry, have received another email from the company now. Honestly not a clue what to do. I was meant to be starting my new job next week and now I am stuffed! Certainly do not what to work for a company making these sort of threats, but it is looking like I have absolutely no choice.
  3. I have received a further email from them now stating the following... Good afternoon Thank you for calling this afternoon. In regards to whether there is a notice period, even though you have not started your contract, this is a six month fixed term contract, you have signed the contract, and you need to work out the length of this contract, there is no notice period on a six month fixed term contract.
  4. It's me posting under another username. My other account is playing up and the password seems to always be incorrect. Anyhow, I have spoken with the company involved. The person who I spoke with is unsure of the legalities of things and therefore could not comment much. He is going to go and speak with one of the directors now who will get back to me. Fairly suprised by this all as they clearly wanted me to work for them before all of this happened. When I spoke with them on Friday I was told they would be coming up with an improved offer, the person on the phone also told me "I understand it is a fairly low rate". It's now too late for them, regardless of the outcome I WILL be going to work for the other company. Hopefully we can come to an agreement that doesn't see a 20 year old have to stand up in court for this.
  5. No. Unfortunately, I have no legal understanding of the reasons behind why. I would say that if their contract expires on the set date, it expires on the set date. Your friend has no legal obligation to work longer than their contract for her seconded role states.
  6. Unfortunately not, I have just returned from a 3 week spell abroad and therefore any leave that I have left would mean that I have taken too much for the amount of time that I have been employed here.
  7. Good news all, received a call today and was told that a senior manager advised that I am permitted to make an interest free payment. Thank you all for your help with this issue. Hopefully I can help give advice on my experiences to help others in future.
  8. Hi All, I started my current role within the NHS on February 20th 2012. Unfortunately, I was informed in July that the hospital was carrying out a re-structure and at very least my job would be changed. Once i received the job description for the new role that I had been 'pooled' into I decided to look for something new. It is worth noting that there are 7 staff going for 6 Jobs, the re-structure is going ahead mid-october. I was offered a new role towards the end of August, the new employer preferably wanted me to start as soon as possible and i advised them I had a one month notice period (to the best of my knowledge i thought this was the case) .Upon speaking with my current management , as I was just outside of my probationary period which would have ended on the 20th August, I would have to carry out my full 2 months notice as stated in my contract. To add to the confusion, I am going to work for a company who's client is the NHS, so it is not quite as simple as 'walking out the door' as it will have a severe impact on relations between by new & current employer. The worst case scenario at present is that I cannot take the new job as there is too long a wait before I can start and I also lose my current job. My line manager will not budge and HR have advised me that there is nothing they can do. Could anybody give any advice on the best course of action to take going forward? J
  9. None the less, it is still completely unclear which isn't exactly fair. Especially as they have stopped responding to emails and the only way to contact them is through telephone, where i keep getting the same generic responses from staff who seem like they where found sat beneath bridges smoking drugs by the Thames. Unsure what my next action should be.
  10. It does say initial, but then states 'we may extend it for a further 28 days.'. Doesn't say that it may continue for longer.
  11. Glad somebody else spotted this. The way it is worded , to me, looks as if to say that the agreement is valid for 70 days... therefore, the agreement is now completely worthless and I am infact not under contract with this company?
  12. Further Update: I have found an E-Mail from the 17th July to PDE requesting the removal of all of my details from their systems. Therefore i should have not had any ongoing agreement. Now been passed onto their customer care team to investigate. Will wait and see what happens.
  13. I have sent them the following e-mail. Thankyou again for your advice, i shall update you when i get a further reply. Their argument will be that it is not a 'new loan' ... my only arguement back to them is that.. well, it is.
  14. Are you sure? The way that this is described is that it is an ongoing account so it doesn't look like a 'new loan' as such. I am unsure what I would be able to report to the regulators, as it is there in their terms and conditions. Fortunately, the bank account they have details for is closed, so I really am not too fussed about paying them PROVIDING i know that I am within my rights and correct, otherwise they will be charging me etc.
  15. COPY OF THE LOAN AGREEMENT BELOW "Type of Credit: This is a running account loan facility which enables you to draw down on your Credit Limit until you have used up the entire Credit Limit shown below. Credit Limit: SUM £320.00 This amount may be varied to such a sum as may be determined by us from time to time and notice of it will be given by us to you. Provision of credit: The initial advance will be credited to your bank account on the day this agreement comes into force, up to the Credit Limit. You may during the currency of your agreement take further advances if the total value not yet repaid is less than the Credit Limit. Duration of Agreement: The initial period is 42 days and we may extend it for a further 28 days. APR: 596.3% (Variable) In calculating the APR we have assumed that we both keep to the terms of this agreement, the interest rate does not vary and that you have loaned the full amount up to your Credit Limit and repay it on your Repayment Date. Rate of Interest: Interest is charged on the amount borrowed at a rate of 25.00% equivalent to an annual rate of 217.41% (variable) The amount of interest is applied to the loan on the date this agreement is made and at the time of the new advance for any subsequent advances. We may vary the rate of interest charged under your agreement. We will only do this in respect of any further draw downs or where you request an extension of the initial period. Notice of any change will be given to you prior to the interest being applied to your account. Number of Repayments: 1 Repayment Date: Repayment will be taken on 30/09/2011 Amount of single repayment: £50.00 Total Amount Repayable: £50.00 Charges: If you fail to repay the loan on the Repayment Date we may charge you; 1. interest on any unpaid sums for such period as the payments are in arrears at the rate set out above. 2. each missed repayment will incur a £15 default fee to cover administrative costs we incur in assisting you in the management of your account, notably letters, emails and telephone costs to you. 3. any reasonable costs we may incur in taking any other steps to enforce, or attempt to enforce, our rights under this agreement. This may include tracing you if you move address without notification; returned payments, debt collection or court action. MISSING PAYMENTS Missing payments could have severe consequences and make obtaining credit more difficult. If you fail to make the payments on the due date actions we may take include the following: 1. Refer the matter to our debt collection team 2. Send your account to external debt collection agency 3. Commence court action for recovery of the amount you owe 4. Seek payment(s) from your account on subsequent dates using the payment card you have provided (see term 9 below). RIGHT OF WITHDRAWAL You have a right to withdraw from this agreement at any time before the end of 14 days beginning with the day after the day on which the agreement is made. You must notify us of your right to withdraw either orally (by telephoning us on 0800 0126 860) , in writing to us at Express Finance (Bromley) Ltd, 4th Floor Northside House, 69 Tweedy Road, Bromley, Kent, BR1 3WA or by email to customersupport@paydayexpress.co.uk. Once you have notified us that you wish to withdraw you must repay the amount of the credit TERMS AND CONDITIONS OF THE AGREEMENT without delay and in any event within 30 days after you have given us notice. You must also pay us interest during this period (which amounts to £0.24 per day). Early repayment You have a right to repay the credit early at any time in full or partially. You should let us know that you want to repay early either orally (by telephoning us on 0800 0126 860) or in writing to us at Express Finance (Bromley) Ltd, 4th Floor Northside House, 69 Tweedy Road, Bromley, Kent, BR1 3WA and we will let you know how much you will have to repay. Termination by you You have the right to terminate this agreement at any time. You will then be required to repay the amount you owe us. Ombudsman Schemes We operate a complaints procedure in the event that you are dissatisfied with an aspect of the service we provide. Full details are available upon request. If any complaint you make is not resolved to your satisfaction then you may also be able to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Supervisory authority We are licensed under the Consumer Credit Act 1974 by the Office of Fair Trading of Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX."
  16. Okay, now i really need you guys help! I spoke with one of the PDE team leaders yesterday who informed me that this is infact an 'Ongoing Loan Account Facility'. Which i was not aware of at all. According to the agreement that I was sent by the team leader it does state that 'this is an ongoing loan account facility' therefore my right to withdraw was 14 days from when that was signed (About a year ago). The loan agreement is then 're-activated' when a new loan is taken out (is this allowed!) I did actually send PDE an email about a month ago, asking them to remove all of my details, so this 'ongoing agreement' should have been terminated at that point anyway, however I am unsure whether i am able to locate this email. Below is a copy of the email that i have recieved from the PDE Team Leader. "Dear Mr ****, I write with regard to our telephone conversation a moment ago, please find attached as requested a copy of your credit agreement which was electronically signed on 19th August 2011. To confirm, this is a “running account loan facility” and therefore you have only electronically signed this one agreement since 19th August 2011. You had the right to withdraw from this agreement at any time before the end of 14 days, beginning with the day after it was signed. On every subsequent application you have made, this credit agreement has been reactivated. The balance of £937.50 is currently due on 28th September 2012 however should you have any further queries on this matter please do not hesitate to call me on the number below. Alternatively you could respond to our Customer Care department via the email address above. Kind regards" Help would be really appreciated!
  17. My concern is if they don't reply and they wait until the 14 days are up and i no longer have a leg to stand on. I am obviously eager to get this sorted as soon as possible, but unsuprisingly, they are not.
  18. I have sent the following E-Mail in regards to this issue. Not that I will get a reply. Good Afternoon, I am contacting you once again in regards to my recent loan that was taken out with you on the 1st September that i would wish to withdraw. I have been informed by members of your staff that as I am not a first time customer of Payday Express, I am not permitted to withdraw from my Loan Agreement. After contact the Consumer Action Group and consulting the Irresponsible lending – OFT guidance for creditors, I can confirm that this is a breach of the OFT guidelines. The Irresponsible lending – OFT guidance for creditors states the following. "The right of withdrawal The creditor should inform the borrower of the effect of the exercise of any right of withdrawal from the agreement and how and when this right may be exercised. The right of withdrawal under section 66A of the Act applies to all regulated consumer credit agreements except where the agreement is: a) for credit which exceeds £60,260 b) a credit agreement secured on land c) a restricted-use credit agreement to finance the purchase of land d) an agreement for a bridging loan in connection with the purchase of land or e) an overdraft agreement (except for overdrafts for non-business purposes where the credit is not repayable on demand or within OFT1107 | 26 three months). Borrowers have a period of 14 calendar days (from the date calculated in accordance with section 66A(3) of the Act) in which to withdraw from a credit agreement without giving any reason.17" I requested to withdraw my loan yesterday and was informed that I was unable to. I would advise that you please contact me as soon as possible in order to resolve this issue. This incident WILL be passed to the appropriate authorities to investigate should this not be resolved urgently. Kind Regards,
  19. Hi All, I took out a Loan with Payday Express on the 1st September in order to pay an urgent tax bill that i received last week. I have now been given the money from elsewhere and called to ask if I could cancel my loan for £735. I was told yesterday (and just now) that as this is not my first Loan with the company I am not allowed to cancel the agreement and must pay the full interest on top of the loan amount. This is stated in their terms and conditions also. However, I am sure that I have a legal right to be able to cancel this agreement (obviously paying the interest for the days incurred on the loan). At present, it seems as if there is no budging them, but i refuse to pay the full amount as i cannot see what difference it makes as to whether this is your first or 100th Loan with the company. Any advice would be greatly appreciated. J
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