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  1. I have a joint mortgage with Kensington (we went with non high street as my wife had an old default from a mobile phone company when someone stole her phone to call Nigeria and she negotiated a reduced amount to pay with the company and ended up with a default without being told she would by negotiating the reduced amount. .. but that's another story). we have been in the house for 6 months, no problems with payments or anything like that. One of our original mortgage conditions when we purchased the house was: "The Borrower(s) undertake to carry out the following works: upgrade the electrical system (and to promptly lodge any relevant guarantees with us) within 6 months of Completion of the loan. Written confirmation of this undertaking signed by all Borrower(s) must be forwarded to Kensington prior to formal completion. Failure to carry out the relevant works may adversely affect your insurance cover and any future claims you may make under your policy." We had to get an survey done before moving into the house which we got done, and a quote from the company doing the survey for the work. Both of these were forwarded to the mortgage company along with an undertaking that we signed at the solicitors. (I don't know what the wording of the undertaking was as the solicitor is closed today and they didn't give us a copy of that, but I could find out on Monday). The survey found several problems and the quote to have it all sorted was £1500. We saved the money to pay for the work and got it booked with the company who did the survey. The company was booked to do the work about 2 weeks before the 6 months post completion. 6 months post completion passes today. The company booked to do the work rang us up 2 days before they were due to come and do the work to cancel, saying they had got a big contract that they couldn't turn down and they wouldn't have any time to come do our work and couldn't recommend anyone else. I had a look around, found a few electricians with good reviews and got a couple of them to come have a look. They have told me that the original company who we got the survey done with were completely ripping us off. There are a couple of points on the survey that would need sorting but they were all minor points that would take no more than 1/2 a day and £100 or so. All of the technical test results in the survey show the system is fine and completely safe. Even the minor things that were listed on the survey should not have been listed on the survey as dangerous as they were by the original company. Some of the items listed are completely made up, or the work recommended is actually done already when inspected! So that leaves us now in the position of having to talk to the mortgage company and work out what to do. Unfortunately they are closed today so I will have to speak to them on Monday. However, from our dealings with them up until completion they proved a VERY awkward company to deal with, and I have no confidence that this is going to be as easy to fix as it should be. One option I was thinking of was to get another survey report from one of the electricians I have had come look at the work, get those little bits of work done that do need doing and see if Kensington will be happy with a new report stating no further work is required and the installation is all safe. That would cost me about £200 as opposed to the £1500 originally quoted. I'm not entirely sure where I stand on these special conditions. What rights do the mortgage company have if we don't meet a condition such as that one or they want to be awkward about it and make out we haven't met it? We don't have insurance with Kensington, we have separate buildings and contents insurance so I can't see how that caveat about insurance works. Are there any other solutions anyone can think of? I do actually have the money to spend £1500 if it comes to it, but it seems outrageous that I will have to do it to please the mortgage company when it is completely unnecessary work and all based on a company's report that decided to rip us off!
  2. I am a small business. A business I do business with has invoiced me a for a service I was not aware I was liable for. On query they informed me that they made a change to their terms and conditions 12 Months ago and that I was sent 2 emails (one in December 2012, the other in January 2013) informing me there was a change to the t&c. They have sent me copies of the emails they say they sent on the respective dates. I can find no trace of them on our email systems. In addition from what I can make out from the emails copied to me today they make no mention of the affected change simply inviting me to visit a web page via a software application that they provide for me. There was no link to the relevant page in the email and I have not used the software application in any event. I also issued notice to cancel the agreement between us on Dec 1st 2013 but clearly this is after the date they alledge they informed me of the change to t&c. I think the argument is going to centre on service of the email(s) advising the change. It is acceptable for terms and conditions to be varied in this way? It's possible the emails were sent but as that account gets a lot of spam they may have been deleted in error. Would the Company need to rely upon a read receipt before the emails can be taken as read and the Terms and Conditions change accepted? This was a pretty fundamental change and levies an annual fee of £250.00 where one was not previously present. Thanks for any opinions, irrespective of the rights or wrongs of service this looks like a very shady practice.
  3. Hi All, Very quickly, wanted to check out a situation - which relates to a 24 yo, in part time college (15.5 hours). This had been accepted by JCP approx 4 - 6 weeks ago and payments in progress. However, whilst signing on last - has been told in order to comply with JS rules - they must apply for 14 jobs a week. Also a requirement to attend a 'work programme/job club' (as designated by JCP) once a week, in order to continue receiving payment of JSA. In querying this, with the JCP personnel; re postion relating to College @ 15.5 hours per week and having child care duties, toward daughter at weekend. The response was, you have to be available for full time work, when claiming JCP. Basically totally rigid in their expectations, but placing this young 24 yo male in an impossible position. This is causing much anxiety for young man, as he would struggle to find that number of jobs to apply for in any one week. is He does not have internet access at home, so would have to go out in search of such job opportunites. This will impact heavily on his ability to maintain his College placement, which he is struggling with some aspects around algebra etc. Concerns around being targeted /set up for the ever increasing 'sanctioning' of benefits? Any advice would be greatly appreciated - how can he get the JCP to see what an impossible situation he is being placed in?? Many thanks - NADIA:???:
  4. Hi just wondering if anyone can offer me any advice on what to do about unfair conditions been forced on me by employer? I have been working for approx. 18 months, as a manager for a company that has its HQ in the Midlands, when I joined the company I took on a national role for which the company paid my accommodation and meal expenses via a Business account they hold with a National chain of Hotels. Approx. 12 months ago the company offered me a promotion for which I would be required to work at their head office 2-3 days a week and continue to pay my accommodation costs and expenses, when working at HQ and visiting the companies other UK sites. I live approx. 120 miles away from HQ office. It was also agreed that I could work from home 1 - 2 days a week when not visiting other sites. There has been a recent change in management and I now have a new Boss who called me in last week to say that the company would not allow me to work from home anymore so I have to be at the HQ office when not visiting other sites and they will not pay my Accommodation / Expenses when working at HQ. My new boss also suggested that I permanently relocate my family to live near HQ (which is not possible) I have an e-mail from my previous manager who has now left the company outlining that the company would agree to pay all my business accommodation costs (and a copy of this agreement is on my HR file). I cannot afford to pay accommodation and expenses of this proportion, do I have a case to issue a grievance against the company? Any advice on what to do next will be gratefully received? Regards Zohan
  5. Hi just wondering if anyone can offer me any advice on what to do about unfair conditions been forced on me by employer? I have been working for approx. 18 months, as a manager for a company that has its HQ in the Midlands, when I joined the company I took on a national role for which the company paid my accommodation and meal expenses via a Business account they hold with a National chain of Hotels. Approx. 12 months ago the company offered me a promotion for which I would be required to work at their head office 2-3 days a week and continue to pay my accommodation costs and expenses, when working at HQ and visiting the companies other UK sites. I live approx. 120 miles away from HQ office. It was also agreed that I could work from home 1 - 2 days a week when not visiting other sites. There has been a recent change in management and I now have a new Boss who called me in last week to say that the company would not allow me to work from home anymore so I have to be at the HQ office when not visiting other sites and they will not pay my Accommodation / Expenses when working at HQ. My new boss also suggested that I permanently relocate my family to live near HQ (which is not possible) I have an e-mail from my previous manager who has now left the company outlining that the company would agree to pay all my business accommodation costs (and a copy of this agreement is on my HR file). I cannot afford to pay accommodation and expenses of this proportion, do I have a case to issue a grievance against the company? Any advice on what to do next will be gratefully received? Regards Zohan
  6. Hello. I know I'm going back in time here, but I think when I opened my A&L Premier Direct Account online in Feb 2007 the deal was a free o/d facility. I notice that I have been charged £5 by Santander since 2008. I'm sure the free o/d (up to its limit) was for life, but Santander insist it was only the first 12 months. Who is right?
  7. have an ongoing battle with lloyds tsb via robinson way , lloyds have admitted that there is no cca for the credit card account but today robinson way letter arives saying our client has advised us due to the terms and conditions that you agreed to when you opened this account you remain fully liable for the amount outstanding , we now require your proposal for repayments . any help here please
  8. Hi all again, have come up for review of my esa after 5 months of being in the support group. I have just been diagnosed with arthritis and a trapped nerve in my neck also a small blood clot in my brain. My question is where do I stand with informing atos of my new conditions and is it worth me applying for my dla to be reviewed. I am in reciept of lr dla for my severe depression and arthritis in my collar bone which atos and dwp know about and had informed them of seeing my consultant this week. thanks in advance
  9. My company has merged with another and the other company's employees have been Tupe'd over to ours but now the management are trying to change some of the working conditions i.e. they start at 8.30 and us at 9 a.m. and we get 3 days at Christmas whereas the other company has to take those days out of their annual leave allowance. Can they change our conditions giving us less favourable terms based on a merger? Many thanks for any advice.
  10. Hi, I wonder if someone can take a look at this. I requested the CCA from the DCA, and they sent me a copy of the application form. However, there were no T&C's and the creditor hasn't signed in the box. Is this enforceable? Thanks
  11. A government warning said that anyone travelling in icy conditions should take a shovel, blankets or sleeping bag, extra clothing including a scarf hat and gloves. Also a 24 hour supply of food and drink, a de-icer , rock salt, torch & spare batteries. In addition they should take a Safety triangle, tow rope , petrol can, first aid kit & jump leads... I felt a right prat on the bus this morning!
  12. Hi I have a one year assured shorthold tenancy agreement. It contains no prohibition on keeping pets in the flat, as has been confirmed by my letting agent. However, I have received notice that, should I wish to renew the tenancy in July, the new lease agreement will contain such a prohibition. Are landlords/letting agents allowed to change terms and conditions other than rent on a renewal? Is there any legislation on this? Many thanks.
  13. Hiya, I apologise in advance if I am posting in the wrong thread. I'm just wondering... Does a company have to provide you with a copy of something proving you agreed to T&C's before you purchased something online if you request it or can they refuse to do this? Thanks in advance
  14. Hello, Please can anyone help me? I need prompt assistance with a Charging Order hearing on Tuesday 6th November 2012. I know I've left it a bit too late but I had booked an appointment with my local legal centre where I believed I would receive some assistance only for them to tell me yesterday that they don’t have anyone to advise on Charging Orders! They asked me to contact Financial Ombudsman who informed me that they only deal with complaints! Quick background, In 2009 whilst I worked as a contractor, I guaranteed a loan for my limited company, I took this loan out for my then boyfriend who was going through financial difficulties and wanted to do a business. I now know it was very very stupid of me but I trusted him completely and we were going to get married so as far as I was concerned, the money was for my future. I was making the repayment directly from the ltd company’s bank account with Barclays which was where my weekly wages were paid into. Unfortunately, in September 2010, I was informed that my contract was ending. I contacted the bank promptly to explain the situation and for the payment to be reduced as it was like £470 every month. Barclays was not having it and would not listen, the letter I wrote to them with a copy of my contract termination letter was ignored. As I had to think about how to survive, I stopped the payment. By this time, my relationship with the then boyfriend had broken down and we were not on speaking terms. Last year 2011, Barclays got a CCJ against me through Matthew Arnolds & Baldwin. I wrote to the judge that my brother, who resides in my flat with his young family, was assisting with all the bills. My mortgage had been changed to interest only, my gas meter was a pay as you go and all basic bills were paid without any problems. My brother gave me £150 to pay every month as agreed on the judgement but in January 2012 on the birth of my niece, he couldn't afford this £150 for the next couple of month, I contacted the bank that I need like 3-4 months to resume the payment but they wouldn't accept. They have now apparently secured an interim charging order on 13 September 2012 and applied for a hearing for a charging Order on 6th November. I probably can’t stop them applying this charging order, the original loan was £20k, from 2009 to 2010 I would have paid back approximately £5.5k but now, they have added various costs and interest and the money outstanding is about £19k!! I don’t mind them applying the charge on the property but I need assistance in adding a condition to the charge for them not to be able to move for a sale of the property. I have my 27 months and 9 months old nieces living with me with their dad, he has been extremely helpful financially to me. I am seriously trying to get a job and has retrained myself. I am positive that I will get a job soon as I am now attending more interviews as opposed to before when I don’t get any interests. Please help, any advice or direction will be greatly appreciated. PS The Financial Ombudsman advised that I should write a letter of complaint separately on the actual loan process. The bank manager at the time was a friend of my ex-boyfriend, I don’t believe I should have been given a loan of that amount working as a contractor, he believes that the necessary checks to protect me and the bank was not carried out or followed. I will send a letter of complaint to Barclay's on this matter and I'm told they have 8 weeks to respond. This is obviously separate to the Charging Order.
  15. Hello, I'm looking for some advice please. Sorry in advance for what maybe quite long winded. I have a substantive contract with the NHS and I work Monday to Friday 9-5. I have worked for the NHS since 1997. I also have a zero hours contract with the county council for whom I receive a payment as long as I participate in a rota. The work I do for the council takes place during my NHS working hours. (I started this role about 3 years ago). The council pay my particular department to provide and manage this service. It is what is called a joint integrated service. Some of my colleagues that are on the rota are employed and paid by the council but are managed by the NHS so they have 1 contract of employment. I and 2 others have 2 contracts. The problem is that like everywhere, there are a lot of changes taking place and the main one is that they want the rota to cover 24 hours which will mean that I have to perform standby duties, and I have been told that I am required to accept this change. There logic is that there has been a consultation period and everybody's views have been heard and taken on board but the changes will take place. I have asked questions regarding pay and other issues which have not been answered. The management have informed us that they have clarified my contractual relationship with the council as they pay me separately for the extra role, they also ad that it has an 'Unequivocal' relationship with my wider contractual obligations with my main role (with the NHS). They make the point that if I withdraw from my extra role with the council that it would be seen as me withdrawing from my substantive role with the NHS. - Nowhere in my council contract does it talk about any links with my main job. It is very clear in the contract that it is a stand alone zero hours contract where I will receive a payment for participating in a rota during 9-5 Monday to Friday. What I have been told is that I can only leave the rota if they allow me to and only with good reason, and if I refuse to participate in the rota and accept the new working conditions this would affect my main employment. They say that they have received advice from a barrister regarding this! I'm not convinced they have a leg to stand on as they are essentially forcing a dramatic change on me which I don't seem to have much say in. Especially as I have not a lot of choice in the matter. Any ideas please?
  16. When you buy the cover, Is all the mumbo jumbo they staple to your receipt the complete T&C's ...? Could someone please point me to the FULL T&C's many thanks
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