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swisstoni

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About swisstoni

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  1. HB, His manager asked him to work overtime to cover a staff members sickness...he was told he'd be paid overtime so he did a few shifts covering....
  2. Hi HB, The agreement is time and a half for all overtime worked as laid out in his contract - It does not mention additional annual leave as an alternative
  3. Hi, My son has worked a significant amount of overtime for his company in order to pay for a new car - when he got his wages this month, they have not paid him any overtime but have instead told him he will receive additional annual leave instead of the payment... Is this even legal? There is nothing stated in his contract or has been agreed with him for them to do this... Would this be classed as Unlawful Deduction of Earnings? Any help appreciated...
  4. UPDATE - It seems it is a massive error by the court although how the hell they've done this remains to be seen. I've just received a letter revoking the order after their enquiries revealed they'd put the attachment on the wrong person. Do you think it would be wise to speak to a solicitor? I'm out of pocket because of this....
  5. Hi all, When I got my payslip for October, there was an Attachment Order on it which took a significant amount of money from my wage. I knew nothing about this attachment order prior to receiving my payslip. I spoke to our payroll provider who told me it was put on by the County Magistrates. The payroll eventually provided me with the paperwork sent to them by the court. This appertains to a person with the same name, D.O.B and had my N.I. number and payroll number on it - the only thing that didn't match was the address which is in a town some 20 miles away that I have never had any association with. I have spoken to the Court in question, who are currently looking into it although they were very sure they had the right person. The court say the attachment order letter was sent to the address in question and was returned as 'not know at this address'. I have been told the matter is for a court case in 2017 which was for 'Failure to Comply With an Environmental Order'. This is something I have definitely not been involved in. I'm being made to feel like I have to prove my own innocence but am struggling at how I can do that as they seem to have all my details. EIther somebody has been completely brazen and gone to court pretending to be me or somewhere in the court system, there has been an enormous clerical error... I'm going to consult a Solicitor on Monday morning to discuss my options as this is definately nothing to do with me and because of this, I have been unable to meet my monthly financial obligations. Does anybody have any ideas where I can go with this?? I'm at my wits end...
  6. Hi Guys - Just wanted to give you an update on this - He signed the contract on provision the 12 months covenant was reduced to 6 and the notice period to 3 months...this was accepted. His Company car was returned, not by request but he wanted no ties with the company when his notice goes in. Got a verbal bill off the company for nearly £1000 for 'damage' to the car 10 minutes before leaving work to go on holiday (slightly kerbed wheels)!!! There was no damage other than this! Disputed this via email and asked for a copy of the relevant policy where it states individuals had to pay for damage to company cars and also asked via email for a copy of the damage report (still awaiting these). Several contracts taken off him by the bullying senior manager because my friend says they were earning large amounts of commission... All in all, he has decided to put his notice in at the end of this month when he gets paid his commission up to date (as he feels they would not pay it if he put his notice in prior) and the likelihood is they will put him on gardening leave for the 3 months. Should they still pay any commission on the wages for this period? His contract says commission is paid at managerial discretion.... Following on from all this, he has become depressed and has sought help from a mental health charity and his GP... A sad state of affairs in the 21st century to a loyal employee of 20+ years who just wouldn't/couldn't accept the companies managerial responsibilities.... Toni
  7. Hi, A friend has just called for some advice which unfortunately is well above my head. He has just accepted a new position in a company after stepping down from a Senior managerial role (for stress related and alleged bullying purposes) which is a downgrade but is the job he wants to do at this present time as he's not then directly working for the alleged bullying manager. He's looking for another job and has made no secret of this fact... His new line manager in the last few weeks has given him a new contract that states he now has to give 6 months notice if he wants to leave and for 12 months after that he cannot work for a list of companies deemed as competitors. As he works in a specialised industry, the company have specifically named any company where he could work and are in my opinion, restricting his trade if he was to leave.... Can they do this? He hasn't signed the new contract as he disagrees with it's contents.... Any help would be appreciated for him. Kind regards
  8. I'm trying to get the funds together to avoid the CCJ affecting my credit record, but won't be able to get it sorted until the first week in October...
  9. ...and just a thought, don't you have 30 days to pay the amount? I've been given 17 days if you count the court date as day 1....
  10. I'd even go as far as saying, i'd have preferred my Mother-in-Law to have presided over proceedings! But I may add that I hope my unfortunate downfall will only help others into achieving a better quality defence and witness statement so as to counteract their arguments and to show what could potentially happen....
  11. Letter from the court today sanctioning the CCJ and i've got till the 29th of September to pay up the £3000 odd pounds - I don't have this money, where do I go from here? Is it negotiate with Lowells or back to the court?
  12. The hearing was about 30 minutes and no, I wasn't provided with a bill of costs
  13. Just for clarity, on the initial claim form, they have claimed £2200, a court fee of £105 and legal representative costs of £80, yet today, i've been ordered to pay more legal representative fees and another court fee..is this correct? I trust i'll get a breakdown in a letter...?
  14. Right, here goes..... Turned up at the court 30 mins earlier and booked in, was asked to take a seat and the court official knocked on the door of an adjacent room and said to the person inside Mr xxxxxxx is here... A couple of minutes later, a lady came out of the room and stated she was the 'court agent' and asked if I was being represented. I replied no and she asked if i'd like to step into the consultation room to run through a few things with me. She went through my defence and my witness statement and asked several questions about it, whether there was any other evidence I was submitting on the day, did I have any proof of my DMP, could I confirm the witness statement was mine as i'd not signed it..., could I confirm it was my signature on the copies of the Provident agreement, what I was relying on as evidence, would I like to make a settlement offer 'out of court' etc. etc. It was about this point that the penny dropped that she was Lowell's solicitor. I hadn't suspected earlier as it was supposed to be a man as per the witness statement I'd shown her my hand and told her verbatim what I was going to say...... About 1 hour later, I was called into court and lo and behold, yes, it was the same woman that was representing Lowell's. The District Judge had the same surname as myself (an unusual one) and stated to Lowell's solicitor that whilst this was the case, we were not related and didn't know each other and asked me to confirm the same. She then went through the procedure to myself for me to understand the procedure and stated that there would be no right of appeal and her decision was binding on both sides. Lowell's solicitor then explained she was the appointed agent and would be using the supplied witness statement for her case... this was accepted by the DJ. She then outlined her case and explained that Lowell's do not issue default notices and at the time of legal assignment and as such, there was no oness on Lowells to issue on as per s87/88 of the CCA. She then proceeded to talk about the payments made and referred to the spreadsheet, The DJ said that under the statement of truth or word to that effect, that she was prepared to accept them as an accurate reflection of payments made... The DJ then asked me if the attached agreements bore my signature, to which I confirmed they did, then she asked me If I accepted I had loan products from Provident. I said I only ever had 1 loan from Provident and the 2 agreements were 1 paying off the other leaving me with a little bit more cash... She aked did I have proof that this was the case, and I replied that i'd asked for copies of the agents' collection book to further my case but I hadn't been supplied this to show that this had happened. The DJ then said, so you can't show me that one loan paid off the other, I said not until I recieve the payment book, No. She then said the payments made are in the claimants evidence, can you show me where in these payments, it shows the paying off of loan 1.. I said I don't accept these as an accurate reflection of the payments made by myself or by my DMP. She said well I do as they're the only evidence of payments supplied to the court today. I then made reference to the notice of allocation and the erroneous account numbers contained within the letter.. The DJ said, Mr xxxxxxx, i'm not going to go any further unless you provide some evidence rather than a technicality of not supplying a default notice and account numbers that you do not understand, you have admitted you had a debt with Provident, you cannot show this court that the debt was paid, therefore I strike out the defence and award the case to the claimant. She then asked did the defence solicitor have any costs, she stated fees of £295 which was duly allowed. the court fee (although I thought this had already been included along with the solicitors fees or is that just for the initial witness statement preparation?) and something else about interest that I didn't quite catch... The sum total is now over £3000 with 14 days to pay or else the CCJ is enforced... Gutted is an understatement... I firmly believe now that if you're attending court, to get legal advice and/or to take someone legal with you who understands the process of what can and can't be said.. .I didn't know when I could speak, interject, ask questions etc. etc. An expensive lesson learnt today. Night Night and Goodbye...
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