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tom a

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Everything posted by tom a

  1. Thanks for the prompt reply. The issue has only been raised last week due to a driver having an accident. The annoying thing is this is the third identical accident with three different drivers and nothing is being done to sort the problem.
  2. I've now got a copy of the letter dated 7th March 2011. This letter was sent through the post to all drivers and was not signed for. I'll only copy the relevant paragraph regarding loss of bonus because most of it is a repeat of what I've already posted. "Loss of bonus. The value of any repairs made to a vehicle or trailer due to damage caused and attributed to a company driver will be deducted from the bonus pool until the costs are completely recovered. This will mean a loss of bonus for all qualifying drivers." It then just repeats list of reasons to lose bonus already posted. I'd be grateful if you can take a look and advise me on best course of action to take.
  3. Hi guys. Thanks for all the replies so far. Just got in from work.Been busy earning bonus for the company. I'll copy what is said in "Terms and conditions of employment" regarding bonus. "You agree that the Company may deduct from your wages payment and/or from any wages due to you on termination of this employment any sums that from time to time you owe to the company.Such sums would include but not be limited to any sums in respect of any overpayment,expenses float,loans,advances or compensation for loss of company equipment,damage to company property as a result of mistreatment,negligence or misconduct during the course of your employment. After the successful completion of the six month probationary period,the payment of any bonuses will be made weekly in arrears and in accordance with the bonus structure. No bonus payments will be made during periods of holiday,sickness or absence". This was dated 20th October 2010. I then received another letter on 8th November copied as follows. Customer service drivers bonus incentive scheme "May I firstly take this opportunity to apologise for the delay in announcing the initial terms of the bonus incentive scheme. The bonus incentive scheme is designed to encourage and reward productivity achieved by all customer service drivers and the criteria is outlined below. Only tonnage moved by our fleet and driven by our employees will count towards the scheme. There will be a pool of money each week and only those that have worked full shift quota will qualify,if you are on holiday or of ill for part or all of the week then no bonus will be payable.The number of employees that have qualified for the incentive in the week will receive an equal share of the group bonus,the value of which is dependant upon the tonnage moved in the week. After an initial period the bonus incentive scheme will be reviewed to incorporate an enhanced payment based upon the average payload achieved,and the revised figures will reflect the additional tonnage. The company reserve the right to amend or terminate the bonus incentive scheme with a guarantee of one months notice to all employees. Bonus will not be earned by any individual that is not fully compliant in the areas outlined below. Non completion of the full weeks shift Lost or defaced paperwork Any non compliance that incurs a standard performance deduction for the company from the client.These are mainly health and safety related. Any VOSA prohibition or Digi card non compliance. Any justified complaint investigated and proven. Any accident or damage incurred where the individual is at fault." The letter received regarding damage payments coming out of the bonus pot,which is probably the most important,was filed in the bin with disgust when I received it. I will be able to post the details tomorrow. Sorry for that and once again thanks for all the help so far.
  4. It's a new company just been trading 14 months and the bonus scheme was set up in march but back paid. To qualify for the bonus you have to serve a 6 months probationary period.
  5. Will get hold of a copy tomorrow and post details. Thanks for your input so far.
  6. Not got a copy of the letter to hand but off the top of my head it said any damage would be paid for out of the bonus pot.
  7. I work as a HGV driver and am paid a weekly bonus of approximately £30 a week. The bonus is calculated on the tonnage moved by all drivers and then shared out equally. In my contract nothing is said about losing bonus because of accidents but at the beginning of April we were all given letters stating that if any driver had an accident all drivers would lose their bonus and the bonus pot would be used to pay for the accident. The bonus pot is usually £800 a week and last week a driver had an accident resulting in an estimate of damage of £5000. This now means no bonus for any driver for the next 6 or 7 weeks. Is it legal for a company to do this? I thought insurance was for this purpose. Thanks in advance.
  8. We have a touring caravan which is two years old in July and were given a 3 year warranty when we bought it new. The microwave stopped working this weekend so rang dealer to inform them and they say It's not covered under warranty. Bearing in mind the microwave is fitted in a unit should it be covered under the warranty ? Thanks in advance.
  9. I have a loan with Northern Rock and am in arrears but have set up a repayment plan. The loan was passed over to Allied International Credit for a very short period, I had no correspondence from them until yesterday, but is now back in house. Yesterday my daughter received a letter with my name on it but her address. I asked her to open it and found out it was a final demand from Allied. I have never lived at my daughters address and have never given Northern Rock the address so how come these muppets found her address and sent a threatening letter with my name and account details on. My daughter now knows about the arrears and is a worrying type and is frightened of getting bad credit through this. Surely they have broken some rules doing this? Hope this makes sense.
  10. Thanks for your help. I'll just have to convince the Client and the new agency of this and happy days once again.
  11. Cheers Sidewinder. Started work for them on 2nd April 2010. I make that 14 weeks tomorrow.
  12. Hi HB. I'm looking to transfer over to another agency who appear to be taking over all the work.
  13. Had a look at my contract and this is the clause that is causing the problem. If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period. “Relevant Period” means the longer period of either 14 weeks from the 1first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client. Will someone take a look and see if they have got me by the wotsits.
  14. I have been working full time for an employment agency as a hgv driver for the same client. Recently the client as started to use another agency and work is becoming scarce for my agency. I enquired about signing on for the new agency but have been told there is a clause in my contract which forbids me working for another agency at the same client base for 8 weeks after termination of my existing contract. Can anyone advise me if this is allowed? Thanks in advance.
  15. I bought a brand new caravan September 2008 and when it went in for it's first service in August 2009 they discovered damp below the front window. I was told it needed a new window. It also needed a new front locker door and various other small items. 8 months down the line I am still waiting and keep getting fobbed off by the service department saying they are waiting for parts. Can anyone tell me how I stand legally and what my next course of action should be? Thanks in advance.
  16. Received a letter off the infamous Trevor Munn Solicitors this morning. Threatening me with a County Court Claim in ten days time. Can someone please advise what my next step should be.
  17. I've been reading through loads of threads regarding Egg credit card agreements and I think mine is the same as most. I'm thinking of sending this letter to ARC (stolen from this thread.http://www.consumeractiongroup.co.uk/forum/egg/177463-response-our-egg-cca.html "Dear ARC Thank you for you letter dated XXXXXX, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3) I trust you will now be in a position to reduce the balance on this account to £0 and remove any default that you have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984. I look forward to your favourable reply within the next fourteen days." Can someone advise me if this is the correct way to go?
  18. Will someone take a look at this agreement received from ARC yesterday. Don't know if it's enforceable or not. Thanks in advance.
  19. Received this letter this morning from Hillesden Securities. "Dear Mr xxxxxxx Account Number xxxxxx Formerly Hillesden Securities Ltd, then a different account number Further to our previous letter regarding the above account. I can confirm the following:- With reference to your data request under the Consumer Credit Act 1974, we would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. Should you want to view the judgement in its entirety, it is easily accessible via the internet. Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding. The industry guidance from the Credit Services Association states that the agreement has not been made illegal or void due to the original lenders failure to provide the requested documentation at this time. The underlying obligation to repay remains intact. Inn view of the above ruling the account will be returned to our collections team for collection activity to resume. We will continue to follow up your request for a copy of the required documentation with the original lender. When this becomes available we will forward a copy to you. We will update you on developments in 21 days time if there is no developments beforehand. Should you wish not to receive these updates, please advise us accordingly. Please contact our collections department to discuss the repayment options available to you. Yours sincerely A. E. Locke " I've no idea what this all means. I wish they would put it in plain English. Any ideas what my next course of action should be ? thanks in advance.
  20. Received this letter this morning from Hillesden Securities. "Dear Mr xxxxxxx Account Number xxxxxx Formerly Hillesden Securities Ltd, then a different account number Further to our previous letter regarding the above account. I can confirm the following:- With reference to your data request under the Consumer Credit Act 1974, we would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. Should you want to view the judgement in its entirety, it is easily accessible via the internet. Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding. The industry guidance from the Credit Services Association states that the agreement has not been made illegal or void due to the original lenders failure to provide the requested documentation at this time. The underlying obligation to repay remains intact. Inn view of the above ruling the account will be returned to our collections team for collection activity to resume. We will continue to follow up your request for a copy of the required documentation with the original lender. When this becomes available we will forward a copy to you. We will update you on developments in 21 days time if there is no developments beforehand. Should you wish not to receive these updates, please advise us accordingly. Please contact our collections department to discuss the repayment options available to you. Yours sincerely A. E. Locke " I've no idea what this all means. I wish they would put it in plain English. Any ideas what my next course of action should be ? thanks in advance.
  21. Thanks for the info Raymond. I've just rang BT and got them to send mum an application form for BT basic. She qualifies for it so it should save her a few quid. Thanks once again.
  22. My pensioner mum has a BT land line and her monthly rental as just gone up to £12.79. Her call charges are roughly £25 a quarter. I rang BT to try and get a cheaper tariff but they say that's the best they can do. Can anyone give advice how we can get it cheaper for her ? Tried to get her to have a mobile but she's not into technology. Thanks in advance.
  23. Thanks for the replies. Credit File is shot to pieces so roll on round two of the threatograms.
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