feel like exploding

DramaQueen29

Whilst Im here, does anyone know what a arrangement charge is.
HSBC are saying this is what the charge is on my account. I have an arranged overdraft but went over once for about 4 hours. Thier now saying i have to pay an arrangement fee for the extra i didnt arrange!! can i still claim this back?

thesaint

Dramaqueen,
Does the landlord have a signed copy of the inventory for the property that you had? If not, they will not be able to make deductions willy nilly, they have to return it in full. If they do have an inventory signed by you, they can only charge a fair amonut (i.e wear and tear) based on how long you lived in the property.
They do not have to provide you with invoices for the work done.

The bit in the contract about you having 'x' amount of days to disagree with the amount of the deduction is tosh. How can you complain about the amount if they take longer than their made up time to give you an amount to complain about? It wouldn't hold up in court.

Write them giving 7 days to return your money and state that after this you will go to the small claims court.

DramaQueen29

madduck wrote:

Re your problems in getting your P45 from previous employer - how about calling local tax office and asking if they can help any? They might be able to put more pressure on employer and have more weight.

I tried this and they said i just had to keep pestering the employer

As to the landlord thing - there was a signed inventory, the house wasnt great but it was cheap, the inventory stated the problems. I for instance repaired and washed the door curtains wihch were filthy and washed other curtains we also re-decorated the lounge however they said it was all flithy when we left and they had to wash all the curtains and have a cleaner in to wash the walls.

How the heck do we prove the work we didnow? the wrose thing is we are noe 220mile away from them so its not like we can visit the agents etc

We had a lot of hassle from the landlord shouting at us in the street because we had put fencing up, and standing behind a hedge sgouting about the fact our dog was running loose ( due to the fact they made us take the fence down and the dogs an excape artist) the house was empty for months before we too it, and i think thier doing it up to let with our money.

jan59

Sorry hun, can't help you on the arrangement charge, but you should NOT pay anything back to your employers.

In general, the only deductions that an employer can make are e.g. tax and NI, student loans and attachment of earnings orders.Under the Wages Act 1986, an employer may not make any other deduction from a worker's wages unless it is a 'relevant provision' of the employees contract or you have given permission for that deduction to be made. A relevant provision means that it is something tht is spelled out in your contract. In any case, the employer CANNOT backdate this, so if you have not signed anything, then don't.

the rules govenring the right to recover overpayments made in error are covered by ordinary law of contract. The law distinguishes between payments made under mistake of law (where the payer misinterprets the contract) or by clerical error (mistake of fact). A payment made in mistake of law is irrecoverable, whereas in principle a mistake in fact is recoverable. HOWEVER...........!

If your employer wants to recover the money, you may have a defence - that you have spent the money already, which it sounds like you have if you only have £50 in the bank.........

hope this helps

DramaQueen29

Well the money went out in direct debits on the day they paid me, also i had the car MOT'd however i did not know there was an overpayment as i had no payslip and they only notified me by email - I had no internet connection at the time and found this email days later.

I dont mind paying back but i cannot pay it in full if its a lot of money. They said they woudnt accept any more that 2 months repayments. I said i need to know what the amount is then i will look at how much i can afford - after this ive heard nothing

Just finished another letter to send - this will go to the director of finances - He never liked me anyway since i put a picture of Mr Bean in the whos who instead of his own!