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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Unpaid Holiday pay, ADVICE on letter needed PLEASE...


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Hello, thankyou for reading my request..

 

Basically, i have been working for my employer for over a year and never been paid any holiday.. i assumed this was the norm as i never signed a contract.

 

I handed in my notice the other day and whilst trying to negotiate me staying my boss let slip that i should of had holiday pay, she acted really supprised and angry that i have never had it.

I have since found out that i was entitled to holiday pay all along reguardless of a contract!!!

 

Now i have asked my employer for it she denies i have any, i assume this is because i am still leaving...

 

My next step is to write to my soon to be X-employer asking for my entitled holiday pay,, but i dont know how to put it to words?

 

Does anybody have any idea how i should word this letter?

I would like to request all 4.8 days owed (24 days!)

Please can anyone help...

Regards sam

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Do you know when the company's holiday year runs from, for example May 1st to April 30th, or January 1st to December 31st? This would possibly change the entitlement as they could argue that the fact that you didn't take holiday in the last holiday year was your fault and you may find that you haven't yet accrued the full 4.8 weeks in the current holiday year.

 

A bit worrying that you don't have any form of contract as every employee is legally entitled to a basic statement of terms outlining hours, pay, holiday etc within 2 months of starting work.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi Sidewinder

Thanks for the reply. I dont know when there holiday year should officially run from. I have worked with them from june last year doing 40 hours a week. Never been paid any holiday in that time. When I handed my notice in they didnt want me to leave I said one of the reasons for leaving was because they didnt do holiday pay. My boss then said yeah you do. I said how come I have never had any. The job I have been doing is taxi driver, I get a wage slip every week with 40 hours on it. They lead me to believe while I wasnt working earning them money ,they had no money to pay me holiday pay. I have been taken for a fool and wish I had checked out my entitlements sooner.

I have been to the cab today and even without a acontract they still have to pay me something but I have to put a request in writing. I dont want to word it wrong.

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I'm not sure what you mean by this bit Sam:

 

I would like to request all 4.8 days owed (24 days!)

 

Are you saying you have had all but 4.8 days of holiday pay or haven't you had any.

 

You should have been given a 'Particulars of Employment' when you started work with this company, those particulars should have contained at least:

 

Names of employer and employee;

Date when the employment began;

Pay;

Whether pay is weekly, monthly etc;

Any terms re hours of work, holidays and holiday pay (including overtime)

Job title or description of job;

Place(s) of work;

A person to whom the employee can apply for seeking redress of any grievances relating to his employment can be addressed.

 

The Working Time Regulations 1998 give almost every worker the right to four weeks paid holiday per year, or proportionally for part of a year. A full time worker who works 5 days a week will thus be entitled to a minimum of 20 paid days holiday per year.

 

New rules being phased in from 1st October 2007 increase the minimum number of days of annual paid holiday for most full time workers to 28 by April 2009, pro rata for part time workers.

 

The bit your interested in

 

The regulations give a worker the right to his normal weekly pay in respect of holiday entitlement.

 

If you did not get a particulars of employment then that is unlawful.

 

You should write using recorded delivery requesting 24 days pay as per the 'Working time Regulations'.

 

I am assuming you have had 'no' holiday pay.

 

Dear

 

I request 24 days holiday pay that I am entitled to in accordance with the Working Time Regulations 1998(amended).

 

You have 14 days in which to fulfill my request. If at the end of 14 days you have not responded to me positively then I will take further action which could include redress in the small claims court which will incure further payment from you.

 

Yours

 

If you start the letter Dear Sir, then end it Yours faithfully, if you start it with the name of the person you are sending it to then end it Yours sincerly.

 

They seem to have breached a lot of the rules in not informing you of your holiday entitlement, but if you are happy with 24 days pay, then just send what I have said or similar to them.

Edited by Conniff
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Hi Connif

Thank you for your reply very helpful:). I have never had any holiday pay in the time I have worked for them. I have taken holiday but never got paid whilst I was off.

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Hello sam, it's just a simple letter, but will show them that you have done some research or taken advise and they must adhere to the laws of employment.

 

Keep us informed of what they say in response.

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