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hanzo

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  1. Ah, well that changes things substantially. Are you still owed money by them? Even if they eventually paid you, if you have racked up debt because of the late payment you would be perfectly entitled to counterclaim for the debt caused by their actions as losses cuased by breach of contract in the event they did raise proceedings against you. If the debt caused is about £500 then why not put it to them that you would counterclaim and suggest a compromise agreement to drop all claims to or by.
  2. No. You cannot know the internal procedures of the debt collectors. We do not know whether they will raise proceedings against the OP. They have a debt that is admitted as lawfully due, they have demanded payment, and they have not received payment. They would be perfectly entitled to raise proceedings against the OP, and they would get their expenses. What is a reasonable time to pay/payment arrangement would be for the court to decide. If the OP were unemployed at the time of judgment, then the pursuers would still get a decree. The only thing that would change would be the ability of the Pursuers to enforce that decree.
  3. If they took you to court, and you put in a time-to-pay application, the court would generally see an offer of repayment over 1 year as reasonable. anything over a year and it would likely be rejected (naturally with regards to your circumstances). £40 per month would pay it off in about a year. Try offering them that.
  4. Statutory grievance procedure does not apply to unfair dismissal. Unless there are other matters such as outstanding holiday pay etc. which require grievance procedure, your time limit for complaint to the tribunal remains 3 months.
  5. I doubt a bailiff could seize a domain name. Nominet and ICANN would need a court order to effect a transfer. The domains are a business asset, but they're not really worth anything until they're sold. Have you considered sending the company into liquidation?
  6. You took the wrong job. Go and get one more suited to your qualifications. Don't get caught up in litigation for the sake of 3 weeks.
  7. Well, if you resign and don't have any income or savings, you should be able to get legal aid for a Solicitor to do at least the preliminary stages. If the case is complex enough you might even get legal aid for the full hearing.
  8. You cannot submit your ET1 until 28 days after the grievance has been lodged, unless it's a very particular set of circumstances involving 2 separate claims. After the 28 days have expired then you should submit the ET1, and request a stay (sist in scotland) if the grievance procedures are still being gone through.
  9. He can only ask for an extension of time before the time limit expires. What he now has to do is request a review of the decision to grant a default judgement. This would necessitate a pre-hearing review at which you could both appear. The test is whether it would be in the interests of justice to strike the default judgement. The Judge will consider why the response was late, whether there is a stateable defence, and the prejudice that would be suffered by each party in either upholding or withdrawing the default judgement. You should have been sent a booklet with the notice of judgement explaining how long you have to wait for an extract of the judgement. Once this time is up and if you have not heard anything from the tribunal, request the extract immediately then turn the matter over to bailiffs.
  10. Please keep in mind your time limits for a complaint to an employment tribunal. You have 3 months from date of dismissal, whether or not you go through the whole appeals process. Don't let them string it out so long that the matter would be time-barred. The correct thing to do if you want to complete the appeals process is to stick in your tribunal claim form (ET1) and in the additional information section request that the case be stayed (sisted in Scotland) until the appeal procedure can be completed.
  11. Statutory notice periods only kick in after 1 month. I quite like the legal debate above, but if it were me I would just go down the small claims route. An oral contract is still actionable in county court and there's not the whole grievance procedure schenannigans that accompanies tribunal litigation.
  12. Yup, people pay you exactly what they can get away with. That is the national minimum wage. You could go and get a job that paid better elsewhere, but that job might be considerably less enjoyable. My sister once worked in a place that paid £7.50 per hour for a receptionist, but she was put in a cupboard with a telephone, no books allowed and no internet. She didn't see another person at all during her shifts and since everybody had direct dial numbers she had to field about 2 calls per day. She quit after about 1 week, and they told her when she left that she'd lasted longer than anybody in the past year.
  13. It's a question of what was contained in the settlement agreement. Since it's contract law, it would probably be a good idea to go and see your local solicitor. Quite a lot of local solicitors offer the initial interview for free, so find one that will do that. You also might be entitled to legal aid if you're not working.
  14. A company in administration basically has no money. You will be a preferential creditor in the administration and will rank towards the top of unsecured creditors. That means that any wages and holiday pay you are owed are paid by the administrator once the assets of the company are sold off and any loans like floating charges and mortgages are paid off, if there is anything left in the pot. If there is no money left to pay you, the government runs a guarantee fund which pays you up to 8 weeks pay, capped at £310 per week (off the top of my head: may have gone up recently), and up to 6 weeks of holiday pay you are owed. Your rights if your employer is insolvent : Directgov - Employment The administrator will try to sell the company as a going concern, and if they do, your employment will be protected by the TUPE regulations.
  15. I would say that would be fundamentally invalid. Paragraph 1 states that this agreement MUST be signed together with a training application form. It wasn't.
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