Hi Guys my wife is about to be made redundant from the nhs , and as a result they are paying her a redundancy package. She has 22 years service within the nhs, but her hr department are only recognising the last 8 years. The problem area is that prior to her current job which she has been in for the last 8 years, she had 2 part time jobs, one as a practice nurse at a doctors surgery, which apparantly falls outside of the nhs umberella, and one as a bank nurse at the local hospital, which hr claim is a zero hours contract, and as such she was classed as a worker and not an employee, and therefore not entitled to any contractual redundancy rights. However, at the time of moving to work for the bank my wife was on a substantive contract at the same hospital, ( and had been for the previous 8 years ) and was never asked to sign a separate contract for the bank work. She worked on the bank for approx 8 years doing the same thursday afternoon late shift and either a late or early on sat and sun, week in and week out. Her allocations to wards were considerable in length too, some ammounting to 12 months on the same ward. Most of the time she was been rota in on the wards off duty plan up to 3 weeks in advance.Also whilst on the bank she recieved contractual maternity pay as well as statutory mat pay when one of our daughters was born and also received contractual sick pay and statutory sick pay when she had to have an operation. My question is how can this bank work be construed as worker type zero hours contract, and how can i force the issue to get her full redundancy entitlement? many thanks

Thanks for the info guys, i was successful with the application for a stay of the Fi Fa, so I just have to wait for the hearing to set judgement aside. I now know why we did not recieve summons etc, they sent the paperwork to our accountants adress an not ours. thanks

Hi yes my form has gone in.....got a hearing for the 15 May, but these enforcement officers are back to break the doors down on Wednesday. Regards

Hi Guys today my limited company Have recieved a Notice of Seizure High Court form No 55 from a company called Andrew Wilson & Co for a debt from a company that i have been in dispute with over the late delivery of some goods to that said company. Unknown to us this company have issued court proceedings against us and got a judgement which they have immediatley applied for and got a high court enforcement order. We have recieved no summons or judgement in this matter. I dont know what i can do about this as i have never dealt with the high court before. However my immediate response has been to file a N244 form to set judgement aside on the grounds of non service and for the opportunity to file a defence, and for a stay of execution on the writ. I think i have made a mistake with that as i have subsequently been told that a stay has to be on a different form. What are my options. Another consideration is that allthough my unit is full of equipment, the limited company that i trade through owns none of it, the directors personally own everything within the unit. However if the enforcement officer does come knocking even though i have filed a N244 how do i prove the ownership of equipment and stock etc. Is there other thing i can do to defend this action? regards

Hi Guys been to court today, case adjourned for 28 days, for Ge to answer the allegations i have made about their behaviour on the account. I tried to push for the complete suspension of the warrant, but the judge felt if fair that they should be able to respond. h have also been asked to complete another witness statement to be filed with the court in 14 days along with supporting evidence etc, basically all that they have already been receipt of from my defence for today....so i dont quite understand that one, but there you go. Can anyone shed any light onto what a proper witness statement should look like and to what its content should be? thanks

i dont know how that happened, i will continue from previous post but i included the arguments i was mentioning in an earlier post about the arrears including £4000 worth of unfair and unlawful charges. I have also decided to put a broadside accross their bows about my intention to sue GE and the broker who I went through for the mortgage for miss selling. Ihave just found out this week that the broker who was supposed to be giving me impartial and best financial advice, was actually owned by GE, they did not disclose that fact. There are lots of other things thay did, but I will post them later. thanks

Thanks Ell-enn if you think that will suffice, I think i can manage it, i used a similar format to get the circuit judge to allow me to apply for suspension of the warrant. But I

Hi Guys been to court today, the circuit judge has granted me leave to make another application to suspend the warrant for eviction. So I have to prepare another set of papers to get into court this pm.

Hi Guys sorry to hi jack this thread, i have a claim that i am starting with Ge, the ability to re claim these unfair charges etc, does this also apply to un regulated mortgages from ge money....by that i mean pre oct 2004.

My question about this ruling by the fsa, is what if your mortgage was taken out before October 2004 and therefore is probably un regulated, what then. The arrears fees etc are still unfair and thus unlawful, but can you do anything about it?

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Hi Guys also found going through my statements that on top of the extra monthly payment of £40.00 to clear the unlawful charges, over and above what the judge ordered, they have also been charging an additional £60- 70 per month interest on the account. thanks

Hi Ell-enn i have recieved an eviction date of the 18th April, but first i have to apply for leave to suspend the warrant from a circuit judge as Ge managed to get the judge to put this condition on the order, i think as they failed to get the eviction last time. thanks

Hi Ell-enn, thank you again for your help last August, with my situation, due to other issues i was not able to post what happened in court.Se here is, as I am need of further assistance. The Judge ordered that the warrant be suspended as long as we ourselves paid the £XXX per month on top of our mortgage He also ordered that no further applications to suspend warrant without permission from a circuit judge would be allowed. This was on bequest of GE money. U nfortunatley we have missed a payment since and Ge have gone straight for the re possession. The missed payments were due to a set of temporary circumstances which have had a big effect. Firstly over Christmas and New Year i contracted swine Flu which kept me from work for six weeks, as I am self employed you can imagine the problems that caused especially when we allready paying the extra to bring the mortgage down. Secondly one of our Feb payment was late we normally pay by card direct to Ge....but our card was lost and we were waiting for another one to arrive.....to make sure our payment still got there we sent a cheque. Ten days or so later we noticed it had not been taken from our bank so we contacted Ge to see if they had recieved. They hadnt so they said to pay by card then (which we could not do as we had not recieved another card by that time) or send another cheque. This is when we were hit with another double wammy of having to find £1000 for an unexpectedly high electric bill and roughly the same in Gas. Within a week of this we had recieved a letter saying that they were going for repossession, and this was followed by reciept last week of the bailiffs letter. Giving us less than 2 weeks again to save our home. My question Ell-enn is how do i defend this? I have read articles on this site and on the internet about grounds for compensation from mortgage companies and brokers for the following reasons....can i use any of them in defending my home? Arrears Charges......we have over £7000 of theme including debt counsellor visits. We have been forced in the past to add extra payments per month above what the judge has ordered to help clear these unlawful charges. T o qualify this Gmac another sub prime lender have just been fined 2.8 million for just such unlawful charges and been ordered to pay back 310,100 customers including compensation. Mis selling of the mortgage in the first instance.. We took our mortgage through a Broker who was supposed to offer independant and best financial advice for our circumstances. We were advised to move from a high street lender (normal interest rates) to Ge money 3% above base!!!! for the purpose of a debt consolodation loan was this was best advice? we had 1 small ccj no arrears, i have since found that we could have got a much better deal than 3% above base rate. On top of that i have found this week that the broker concerned placed 99% of their business through Ge, and within a couple of months of us taking out the mortgage financially purchased the broker,....where is the independant advice here. Also we payed in excess of £4000 in broker fees and legal charges which constituted over 5% of the advance, which is extortionate. Do you think any of this will help? Thanks

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Hi Guys I n 2008 i sent a letter to Welcome claiming back ppi insurance that had been added to my wifes loan account with them. This included 8 separate loan accounts all of wich had been settled bar 1 remaining open account. A month or so later, we recieved a letter saying that they were rejecting the claim as in their opinion my wife enjoyed the benefit of the insurance and she had no grounds to a refund. The matter was put on the back burner untill recently when we recieved a letter from their Brideshead team, which had dedcided to overturn the decision, allthough 4 of the loans were not considered because they took place before the 16 Feb 2003. The ammount to be offset against arrears and the balance paid direct to our account. Is there a letter template i can send to reject their offer, as after reading a post on here, i believe my wife is entitled to all ppi not just since 2003, and also can we claim for the other insurace policies they added as single premium policies, ie Healthcare, Medicare, Lifecare,...all extra policies my wife neither asked for or consented too. Thanks

is there a legal footing for such a counter charge... thanks

Hi no legal action at all, the answer to your other questions are in my last post. There is no need to make an arangement, i have the money, he knows i have been ill, and in hospital, there has never been a formal hire contract, i am just invoiced at the end of each month, on a month by month basis. To my thoughts he has just set out to embarass me. Thanks

Hi thanks for you reply There is no written contract as such to hire... the debt is for 2 months of hire for 2 pieces of equipment....ammount under 350 gbp i am not disputing the debt at all.... i am just really hacked off that he has discussed personal issues of debt with third parties, and as they are 1. my neighbouring business and 2 my landlord, it is highly embarassing. There are alredy remarks been flying about, and because i have been ill, not been able to defend it. Essentially i want to know, whether i have cause for redress, really to stop him doing it again. Thanks

Hi Guys i currently rent several pieces of euipment from a local machinary hire place. We have hired the euipment for over two years and maintained our account in fair order. Over the Christmas period and NewYear, we have had to shut our factory down due to swine flu. During this period, due to the supplier not been able to contact me, he has discussed my debt, which is not large, with a neighbouring business to ours, in detail....etc, ammounts invoices etc. This is highly embarrising, and my question is he allowed to do this? He has also recently contacted my landlord to discuss my debt in detail and to demand access to my premises to take back his machines. In light of the illness and subsequent closure of the premises, and the fact that untill now we have had a good trading history, i am furious with this guys tactics, and wondered if he was in fact allowed to take suc actions. any help on this matter would be gratefully recieved...Thanks

Thanks again Ell-en what do you think my chances are? I am pretty worried about it. It would be great if you could do me the draft letter, I strugle with things like that. Thanks

Thanks Ell-en

Budget sheet already completed, I used the one you sent me last year and just amended the figures. At the moment I do not have an up to date statement, the last one we had was june...problem is with GE they only show the collective arrears with the fees additional interest etc all in one. I have a copy of my solicitors bill, and a recent letter stating he is still awaiting the return of this amount in order to return to me. I also have statements from my company solicitor outlining some of the details that have gone on there.

Hi last year they were £14,346.45 now they are circa £11,542 with approx £7000 in charges and additional interest to these charges, which they have added another £50.00 a month to our payment without notice or agreement. The reasons we were not able to keep up with our intended payments are twofold: In Feb which was our first missed payment I had to defend a motoring conviction against myself..due to the totting up procedure and not been guilty I engaged a Solicitor to the tune of just under £1000. I was successful and was awarded costs....but I am still waiting full payment from the court system. Then in March I found that 2 business partners of mine in a Ltd co, had been falsely charging vat on our invoices, to cut a long story short, I resigned from the company.......and since found that they have left me with a pile of debts, which I am having to pay off as well. fortunately my new company has taken up where the old company left and serviced the same customers and we are doing reasonable well, but there is a lot of debt to pay off. We have averaged in the last 11 months £281.81 above what we should have paid in that time per month. I would say that this is achievable for now untill I get more in line with my company. regards

Hi Guys....I am back again needing more of your valuable advice. As you have seen from my previous posts I managed to get my re possession stopped with a promise of a lump sum payment of 3000 and payments of mortgage plus 500 per month. Unfortunatley due to a change in circumstances, I was unable to pay the lump sum, and have struggled to maintain payments in the subsequent 11 months, and thus Ge money have obtained another warrant for eviction on the 9th August, another superfast warrant leaving us with no time to prepare ourselves for defence or eviction. We have only learned of this yesterday 2/08/2010 as I have been away on business. In the 11 months we have managed to pay 8 payments which net out to 7210.16 which is 3100 over and above our normal installments. It is not what we promised to pay but circumstances have gone against us, but we still managed to pay back 3100 over and above. Also GE raised our payments by 50 per month to pay extra interest accrued from admin fees etc,(still not dared to fight to get these back yet) with no agreement from ourselves. I would be very gratefull if you could advise us once again. regards