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Everything posted by BeauBrummie

  1. I think I am right in saying that your ex employer would need an operators license for a taxi business. This is granted to a "fit and proper person" by the local council where that business operates. Make of that what you will, armed with the information to hand. There is also a Trade Association you could get in touch with called the National Taxi Association (not sure if can put that on here) oppologies to the mods if it is against the house rules. Best of luck in your struggle
  2. A Couple of points from you last post. 1) Did you not think to ask what the pay and hours of work are at the interview ? 2) The 48 hr opt out is voluntary...you do not have to agree to it, and by signing the disclaimer you are allowing the employer to rota you on for more that 48hrs per week, but I stress it is your choice. Having said that it would seem that the employer is short on cash flow, given all the problems that you describe. You are probably best out of that situation, and I hope you get the money that is due to you.
  3. Bloomingflower, This is horendous treatment. I feel for you, and as a HR Manager for 350 employees, would never even consider treating someone in this way. The advice previously posted here should certainly help, but just adding my support, and wishing you good luck with the outcome.
  4. The assumptions and facts do not quite add up here OML is for 6 months and AML is for 6 months If you wish to return to work before the 52 weeks in total leave, you should be giving 8 weeks notice of your intention to return to work. On the basis that you intended to take the whole 52 weeks off, you have not given notice to your employer that you wish to return to work and by definition be fit for work. In my view you would not be entitled to SSP from your employer, but you may be able to claim from the DWP. Accrued holiday and KIT days are also issues that assume you would be fit for work and in theory you could ask for holiday pay.....but again you have not given notice of your return to work to enable holiday to be taken.
  5. I introduced a policy that our ladies take ALL of the current year annual leave before they start their maternity leave. They are going to get it anyway, and it also gives them extra time off when the going is getting tougher for them in the final month. This works well and saves working out accrued pay etce.
  6. The extension is only to allow the employer time to see if they wish to negotiate or find common ground with you. ACAS will have given a limited extension. Once that time has been exhausted a Certificate is issued purely to confirm that you have followed the process. You are then at liberty to raise the stakes by issuing an ET1.
  7. Goodness me ! Just spent 30+minutes reading this thread, and there is no way the OP is going to take on board anything that he is advised, but I will say.... You can take a horse to water.......comes to mind. Newlyn, you still have 6 months to gaining 2 years service in this employment. Reality is that if the employer wants you out, they will do it, be that in the next few days/weeks or the final few days to coincide with notice that takes you up to 2 years. A conversation should be had that gives you a mutually agreeable exit. IMHO sooner rather than later, the longer you leave it the worse the exit strategy is going to be for you. The fact that these issues have been ongoing for so long must render your position untenable, and again the longer you leave it more detrimental for your ongoing career prospects. January is the best time for finding new roles, I think you would be well advised to use that time to your advantage..
  8. Not confident at all, but I have seen the same judge on 3 different occasions now, getting a bit embarrasing. My defnce is good on this - a point of law so that gives me a liitle bit of belief and if it goes wrong there is the option to appeal. Beau
  9. I was not able to attend court so I am waiting for the Judges decision by snail mail. End of week I would of thought Beau
  10. Thanks for the support I am not attending personnaly so will have to wait for the judges decision by snail mail. In case anyone is interested link to the relevant thread http://www.consumeractiongroup.co.uk/forum/showthread.php?249017-OH-v-Mr-Cohen-Again!! Thanks Beau
  11. I am in court on Monday directly on this issue- where by no date was given for remedy by GE Money followed by termination by a DCA that they employed. Watch this space Beau
  12. Hi Labrat, If you have not agreed to this deduction then it is illegal. Seek an explanation from your Pay Office as soon as possible, telling them that you cannot afford to lose such a huge amount of money in one go. Beau
  13. I dont get chance to do it anymore because thay stopped phoning shortly after I phoned Aktiv Capital at 8.55PM knowing full well that thay closed at 9.00PM. I talked about how the account they were trying to collect on was not enforceable, with them trying desperately to get me to make a payment I finally said that I had deliberately phoned at the time I did, to make them stay late. Threat monkey was not best pleased, he said "YOU DID THIS ON PURPOSE" I said yes just to get them back for their constant harrassing calls. A few days later I got a letter saying they were investigating my complaint?? and that I would here back with a final response. I never did here back and they have never phoned me again - so yes I do really miss you Aktiv Kapital you are just so easy to wind up!! Beau
  14. Hi Summer30, Did you write to the DCA as Sidewinder as suggeted ? Still believe this is your best course of action. Even more so now that the ex employer would only like you to converse in this way. The DCA can jump up and down, scream and shout but they cannot actually DO anything until they prove the alleged overpayment. Beau
  15. Hi Summer30, Have you written to the DCA to ask them to prove it? If not suggest you do so with a warning that as far as you know your Husband owes nothing. The ball is firmly in their court to show how the overpayment (if any) was made up and occurred. All other tactics to get you to pay should be ignored as scaremongering. Beau
  16. Hi Mightyacorn, Yes CPR 31.14 sent and used 31.5 for an extension of time - ultimatley the agreement is good but the DN is not. Unusually Cohens did reply, and seem to think they are onto a winner by going for SJ?? Beau
  17. Just an update to this thread.......... Cohens have applied for Summary Judgement and it will be heard in early August. This I think was prompted by me writing to Cohens and telling them that it was my opinion that the account had been terminated unlawfully. Now, I have told them that it is my "opinion" that the account has been terminated unlawfully, without telling them why. Would it be worth writing too them again pointing out the error in the DN or just wait for the hearing? It just seems a bit flimsy to go into court on just this one line of attack. Any thoughts please Thanks Beau
  18. Hi Indie2000, Welcome to the CAG Which section of the act are they refering to for the subsections? Your request should not have anything to do with the CCA, it is legal request under the Data Protection Act for information that is held by them. Beau
  19. Sorry to say Hunni, this would appear to be standard practice for Morgans - I am in exactly the same position. You should have been notified about what they were doing - if not from Morgans, certainly from the Land Registry who would write as a matter of course to the Property owners. What the threat monkey from Morgans has said is NOT true. What they have done in legal terms is applied to the court and been granted an INTERIM charging order which is very different to what you were told by the sound of it. The judge in your case must have given you time to pay and that time has expired. This leaves the door open for Morgans to apply for the CO to tie the debt to an asset. This is not nice for you but nor is it illegal. What happens next is up to you - the hearing in August is to establish any good reason why the CO should not be made Final and Legally Binding. You can attend the hearing and put your valid arguments why it should not be granted. That does not mean that you can open up the arguments again regarding Cabot's right to collect the debt under the CCJ. You need to be looking at the reasons why the final CCJ amount should not legally be tied to YOUR Interest in property. Any joint owner of the property cannot normally legally object to the CO being granted because it is only the person named in the CCJ that is also the beneficiarry of the property that can be charged. Beau
  20. Hi Chris, Just to put another spin on what Honeybee has already posted, if you leave now without the agreement of your employer during your notice period then you run the risk of deeming yourself as resigned with "no notice" which will risk your employer witholding any further notice pay for breach of contract. Your employer should calculate your accrued holiday pay to the end of the final day of your notice period - is this how you have arrived at 11 days to take? As Honeybee as posted the crux of this issue would appear to be can you talk to your employer about your holiday. As a general rule your holiday pay is paid with your final pay and I would strongly urge you to work your notice period if at all possible. If yoyu have isuues with the employer not paying you then you politley inform them that witholding someones pay is also a breach of contract and that they should think very carefully before taking that step. Hope it works out for you Beau
  21. Must be doing lots of training - or is it not sinking in:D Still here at 7.30 thats almost 24 hrs must be learning lots hey towers2:idea: Keep trying Beau
  22. The assignment is dead - long live the assignment:eek: Good luck sirfuss -dont take any bull from them. Beau
  23. I have to say the Circuit judge in my current appeal made very similar comments regarding my case in granting the appeal. I was told to think very carefully before continuing - I still am thinking very carefully. Sometimes the machine will just keep rolling whatever you do. Beau
  24. You probably will not get anything that says "this is an absolute assigment" although some DCA's do do that, CL Finance for one. So in the absence of the DCA in this case Cabot, telling you that it is absolute you must do your own detective work. By looking into what action the DCA has taken so far, you should be able to work out where they might attack from next. So in your case barns66 : Does the Notice of Assignment say that you must pay only Cabot ? Have Cabot demanded for the full balance of the account ? Most of the time it needs to be assumed that the assignment is "absolute" this is because when the DCA issues a claim through Northampton CCBC they will issue it in their own right (no other joint claimant). Thus the assumption that the assignment is not "Equitable" with another entity joining the claim. You may get information that gives further clues to the type of assignment via an SAR but it will also reveal other information that you will find usefull. Beau
  25. Except in the case of Cabot Financial who are hell bent on making you believe that they are allowed to remove the warts and bleed the poor person on the end of their drivel correspondence dry!! Beau
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