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akashi

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About akashi

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  1. There are over 100 employees working for the same company who have had their basic statutory holiday entitlement reduced. They all complaint at the the time and now have accepted this as a way forward. My employer lied under oath saying they recognise 5.6 weeks statutory entitlement and all employees are given this entitlement. Hopefully they will have learnt from this and provide the statutory entitlement to all employees this year forward. I was the only person who took it all the way to the Employment Tribunal and as a result everyone else will now benefit to.
  2. UPDATE: After a stressful day from 10:00 - 17:00, my case was dismissed on a technicality. Although I proved my employer only told me I had 17 days reaming instead of 25 days (accrued) on an email, the respondent's expensive barrister argued I did not actually put in a 'request' for the 8 days and therefore my employer hasn't actually refused any holiday. As the year has ended, the regulations prohibits annual leave being carried over, I have now lost them. Barrister told judge she could not offer these now as it will be 'payment in lieu' Judge said if I did a holiday application and then it was refused, there would be grounds. Either work for a decent company or learn the employment law to tackle these problems.
  3. Thanks, I wanted to be prepared and cover everything.
  4. Thanks for your vote of confidence, much appreciated. I have time sheets dating back to 2011 and also payslips which supports full 5.6 weeks holiday entitlement being given as well as double rate for all bank holidays worked. If I decided not to work on a bank holiday, that shift would be given to a colleague and I will left out of pocket.
  5. I normally work weekdays and I do not see why I should avoid working on bank holidays where I am entitled to double rate which is a great incentive. This has never been an issue between 2009 to 2014 and no reason to start now.
  6. Thanks for all the information. It is shocking how ignorant my employer is when I asked them to contact ACAS to seek advice as they were breaking employment law. They told me they were following ACAS guidelines for holiday entitlement. I have lost my contract paper and have requested it multiple times from my employer but they keep ignoring my request for a copy. I have a feeling they do not have a copy either as I was TUPE'd over back in 2011. Without the contract paper, I can prove past holiday entitlements and bank holiday rates through copies of payslips. Can I force the employer to provide a copy of my contract? Thanks.
  7. Hi, I work 4 days a week and therefore entitled to 22.4 days holiday (rounded to 23 days) from 2011 to 2014. A per my contract and through custom and practice, I receive double rate for working on Bank Holidays since 2009. In 2015, I worked 8 Bank Holidays and these were paid at double rate. However, that year the management had reduced my holiday entitlement by 8 days. Their reason was that I was paid double on Bank Holidays, this rate was as part "payment in lieu" for a holiday entitlement. My office is open through out the year and I work every Bank Holiday each year and this never effected my statutory holiday entitlement of 5.6 weeks (23 days) After writing my grievance and giving my employer plenty of opportunities to pay me the correct entitlement, I have now filled for Employment Tribunal and the case was accepted. Do you guys thing I have a good chance of winning this case? I have payslips to prove I have received 23 days holiday and also double rate for Bank Holidays in the past. Look forward to your input.
  8. I have checked a new credit report from Equifax on 01/08/2011 and there is no mention of the account for the Llyods / Cabot Financial loan anywhere on it. I also have an old Experian credit report on paper from 2008 and the Lloyds / Cabot Financial loan in not mention of this either. I checked if they used a different company name, but there is nothing whatsoever for the £10,000 loan account. Can someone please help me? What does all this mean? It cannot be Statutory Barred as I have been keeping payments since 2007. Thanks in advance.
  9. Hi, I took a loan with Lloyds in 2003 for £10,000. I started missing payments and eventually the loan was passed to DCA, Cabot Financial. Since 2007, I have been making regular payments to Cabot Financial. I have managed to bring the balance down to just a little over £6,000 now. I called them and made a full and final settlement offer of £3,300 after going back and forth multiple times! I told them I was not making any payments until I received a written confirmation accepting my offer in figures as a full and final settlement of the money owed to the account. I also wanted the letter to mention the credit agency will be updated as paid in full. The advisor told me a letter was on its way to me and that once payment had cleared they will write to me again confirming the account is settled and closed. He also mentioned the credit agency will be notified and account will be marked as "satisfied" I wrote to them before with a final settlement but they replied with a much higher amount. As long as I have their letter accepting my offer I should be safe? Can anyone see any problems with this? I don't trust DCA and know they will use tricks just to get the money. Like the advisor wanted me to pay straight over the phone without any written confirmation! I also noticed that the loan in not displayed on my credit file anymore, this might be because it is over 6 years old. How can Cabot Financial mark the loan as "satisfied" if it is not on my credit file anymore? I will scan the letter and upload here once I receive it. Thanks in advance.
  10. Thanks for your input. I am claiming 8% interest on the charges. The reason why I have not accepted the offer yet is because of people saying they went to FOS and received the full refund including the interest. I am wondering why Capital One has only offered part interest. Have others, whom went to FOS received similar (part interest) offers?
  11. Thanks for all the help. I am still thinking of asking for the full £125.53 in interest. However, FOS has stated if I do not accept this offer I will need to provide proof as to why this amount is not enough?? I provided them a full schedule of the interest charges, what more can I provide? Should I just send them another copy of this schedule? Should I also mention that Capital One has offered the full refund on the charges, but did not offer the full interest charges? All of this which FOS are already similar with as they wrote to me! Thanks.
  12. I have no idea why the FOS has responded quickly, although I am not complaining! Perhaps all the documents I sent helped (bank statements, highlighting the charges, copies of my letters and the letters from Capital One. I also mentioned on my complaint form to FOS that Capital One were trying to stall my complaint and provided the relevant documents to prove this. I still need advice, should/could I ask for the full £125.53 of interest or is £34.76 enough without going to court? Many thanks.
  13. Many thanks silverfox1961 for your reply. I thought one must win in courts to be entitled to the interest? Has anyone, who has made a claim against Capital One get a similar offer, where the interest was not the full amount at first? Depending on the replies I receive I might take their offer on this. Many thanks.
  14. I am trying to claim back default charges from Capital One on a previous account I had with them, which was closed off in 2006. I sent them a cheque of £10.00 and they posted my statements. 24/09/2008 - I wrote to them asking them to refund me all my charges. Charges: £298.00, Interest: £125.53, Total: £423.53 02/10/2008 - I received a letter from Capital One stating the account cannot be found and that I gave them the wrong account number! 15/10/2008 - I wrote to Capital One with a photocopy of a letter I received from them for defaulting in 2004 on the account in question! This letter had the account number printed on it. 23/10/2008 -Capital One wrote to me offering me the difference between my charges and the £12 and worked it out to £133 (out of £298.00)They also mention they are offering £10 as a 'goodwill' They were offering me £144 and not £423.53 that I was asking. 29/10/2008 - I wrote to Capital One declining their offer of £144 and that I would like the full amount of £423.53 I also mentioned taking this to court if they did not resolve this. 06/11/2008 - Capital One wrote back saying they were sorry that I did not accept their offer and that the offer of £144 was still available should I wish to take it. They will NOT be increasing this offer, it is their FINAL offer! They mention their default sums are "both fair and legal" They go further on to say the OFT hasn't instructed them to refund any default sums. The letter ends by explaining to me how I have 6 months to complain to the Financial Ombudsman Service! Update: Financial Ombudsman Service 10/11/2008 - Wrote to FOS. 17/11/2008 - Received acknowledgement letter from FOS. 21/11/2008 - Received letter from FOS telling me they wrote to Capital One for further information. Once they got a reply they would passed this onto one of their adjudicators. 05/12/2008 - FOS wrote to me saying that Capital One is saying it's charges are fair and has not made a full offer! FOS will now investigate the matter in more depth. 15/12/2008 - FOS wrote stating that Capital One is still saying their charges are fair. FOS were going to start a "Formal Investigation" but Capital One offered £298.00 plus £34.76 in interest (total of £332.76) Capital One told FOS that the amount they offered (£298.00) represents a full refund of charges. This is correct as the charges did total up to £298.00 However, I calculated the interests to total to £125.53 and Capital One offered only £34.76 and calling it "Provision for interest" I am missing £90.77 in interest, should/could I claim this? Any input would be greatly appreciated. Thanks.
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