Thank you for your detailed reply Sidewinder. It is much appreciated. I agree, the Pension clauses are pointless given that the employer will have a statutory right to offer a workplace pension at some point. Re the non-compete clause - It would be more reasonable for such a clause to be in the contract of a senior manager with access to company secrets than it would be for a worker on the shop floor - my point precisely. But this isn't about industrial espionage, or even me particularly, just getting one over on the competitor down the road. I can see no reason why it is in my contract. It's like the NHS training doctors and making them sign contracts to say they won't go and work in Australia. It places an unreasonable restriction on a person long after they have left the employment.

Hi I have been given a new contract to sign and I am unclear as to whether I should sign it in its current form. I understand from the CAB website that my statutory rights override anything 'lesser' even if I sign it (ie I can't waive my rights to what I'm legally entitled to, contact or not) but I would appreciate clarification on a couple of issues if anyone is able to help please? Firstly, I get paid monthly but my contract states my notice period should be one week for every year I have worked at the company, therefore currently 10 weeks. Is this enforceable because in my line of work, which is a manual job, I don't know of any employer who would wait around that long if I were to receive another job offer. Can I refuse this because it exceeds the statutory minimum notice period? Secondly, the contract states the firm does not operate a pension scheme. I'm not sure why this is included as when it becomes a statutory requirement for the firm, surely this will nullify this part of the contract? It is a small company with less than 10 employees but I understand every company will get a staging date at some point. My question is does signing the contract now affect any future workplace pension rights, specifically I would not want my signing it to be taken as me 'opting out' of a future pension scheme in advance. Should this be made clear in the text? Also, how do I find out when the staging date is? Lastly, and the most pressing point, a 'non-compete' clause has been included in the contract. This states that I will not work for another xxx company after my contract has ceased. I'm not a salesperson with sensitive knowledge about customers/suppliers - I do a manual job. I therefore think the clause completely prejudices my ability to use my trade should I leave (or get sacked from) the company, even if I leave the area. I know why this has been included - other employees have left to go to a local competitor however I feel if more effort was placed on treating the employees right, and less on tying them into unreasonable contracts, people would stay! Obviously this clause is blatantly intended to prevent me from going to a specific firm down the road and I think its unreasonable. It's like telling a decorator he can't paint for a year after he leaves this employment. My trade is my livelihood. Many thanks for reading this post - any help on any of the points would be appreciated. I have to hand the contract back in tomorrow, signed or not!

Yes, but the provider hasn't replied.

No, only with her employer but the unilateral actions of the provider without any consultation meant her employer would have been in breach of their contract with her, had they kept her on.

It does, yes.

Hi I would be grateful for some advice on an apprenticeship/employment issue although I'm not sure what forum to start on as the main issue is not with the (former) employer but the negligence of the apprenticeship provider, so please bear with me. Briefly: My daughter started a one year apprenticeship last Autumn. She struggled with the work and despite receiving no help whatsoever from the apprenticeship provider handed her coursework in by the deadlines. Her last attendance at the college was March with subsequent work all to be done online. There have been a trickle of emails over the past several months between my daughter and the provider and her last coursework was completed and handed in in JULY. This was acknowledged and she received emails after this date saying she would be set more work although this was not forthcoming despite her boss and her chasing. Yesterday she received a letter saying that she had been removed from the course in APRIL although no reason was given. Her boss contacted the provider today (yes - AUGUST!)to be told the staff dealing with the apprenticeship course had been let go through a restructure and the resulting lack of staff meant they could not deal with the remaining volume of students. They had therefore made an assessment (based on...?when...?) re which students would be likely to pass and chucked the others of the course, one of whom was my daughter without telling her or her employer. The issues are: - My daughter was immediately let go by her employer today as her contract states she must be on the course to work. - Neither she (nor her employer) have received written details of when or who made this assessment (given that the course tutors had been sacked in April!) Surely she is entitled to know the reasons for the cessation of her place on the course given they were still planning on setting her coursework in July! - She has been working and paid the apprenticeship wage for the past three months even though she has apparently not been on the course - should the company therefore be retrospectively paying the difference between that and the minimum wage for the past three months as she has effectively been a normal employee? - What redress do we have against the UTTER NEGLIGENCE of the apprenticeship provider in failing to inform either my daughter or her employer of the decision in April? Surely she is entitled to some form of written explanation if not some form of compensation - I reiterate, she handed coursework in at the start of July when the college was still in dialogue via email re ongoing work towards a qualification that they have now unceremoniously decided to deny her. At a days notice, she has found herself unemployed without anything to show for almost a years work and no right of appeal. Just dumped! I can't help but feel there must be something we can do as I feel the apprenticeship provider (who have quite frankly been a useless shower of idiots from day 1) should be accountable for their negligence. Can anyone start us off in the right direction please? Many thanks.

Yes, I do know. I think that will be my first course of action thanks.

Thank you both! This is so frustrating, your replies are appreciated

Hello I was the claimant at a recent redetermination hearing. At the proceedings, to my incredulous disgust and despite my presenting evidence that the defendant could afford to pay more, the judge set (and the defendant agreed to) monthly repayments of a tiny amount per month. So much for justice! In any case, the first payment date recently came and went and the defendant (unsurprisingly) only paid £5, a fraction of what was agreed, into my account. They are now in breach of the court order, yes? Presumably they are going to argue it's all they can afford but ENOUGH IS ENOUGH! Can someone tell me what I should do next please? I'm losing the will to live dealing with this piece of ****. I have been given a long protracted runaround over several months, various hearings and am exacerbated by a judge who despite evidence being shoved under his nose to the contrary, sided with the defendant. Clearly too much effort required on his part (to even read the doucments in front of him) and to do the right thing! I fear any further action is going to cost me more which I can ill afford. There is an warrant which was never actioned by the bailiffs because the defendant then submitted a variation application which generated the redetermination hearing. Can I resurrect the warrant/is it dormant/still valid? Also, if I end up going for an attachment to earnings, am I within my rights to forward all paperwork, evidence etc to the employer of the defendant and any other party? I think they should be aware of the type of person they are employing/have dealings with.

Agreed.

thanks, that's what I wanted to know.

Thanks Andy. I went to a re-determination hearing which was scheduled following the claimant's variation application and the judge set the amount VERY low. I had requested the claimant at least provide proof of their income (because their financial statement was a pack of lies) but the judge just wasn't interested. Couldn't help wondering when courts stopped asking for, and basing their decisions on evidence! Was a joke to be honest. I'm tempted to try other avenues but it's taking so long, has already cost me so much and after the hearing, I've lost faith in the legal system!

Can someone tell me how long a CCJ stays on someone's credit file please? Is it 1. when a debt is paid off in full (if paid in installments or in one go) at which point it is removed, 2) a certain amount of years (6?) after the debt is paid off in full (either by installments or in one go), or 3) a certain number of years from the date the Judgment was made regardless of whether it is paid off, in part, or not (and do dismissed or set aside applications have a bearing on when the clock starts ticking?) Also, how do credit reference agencies ensure that a defendant's address details are current? Many thanks

Can someone tell me how long a CCJ stays on someone's credit file please?Is it - 1. when a debt is paid off in full (if paid in installments or in one go) at which point it is removed, 2) a certain amount of years after the debt is paid off in full (either by installments or in one go), or 3) a certain number of years from the date the Judgment was made rewgardless of whether it is paid off, in part, or not (and do dismissed set aside applications have a bearing on when the clock starts ticking?)Many thanks

Thank you B40. The possibility of Attachment of Earnings or Charging Order is useful. I will look into this. The reference to doing things out of order is because following the variation order application, the court wrote to me setting a higher amount than the defendant offered to pay so I had assumed that was because a judge had considered my objection to come to the to higher amount as part of their deliberations which seemed logical. Now I'm no sure the judge even looked at my objection before a payment amount had been set, hence the hearing. I was wondering why bother making a decision, and then do it all again at hearing? The applicant has (only recently) paid my awarded costs for the first two hearings. They have never offered to pay me a penny of what is owed (reduced amount or otherwise) - I tried at length to communicate with them amicably at the outset but after a while, it was clear I was getting the runaround.

So while I am the one owed money (not just by way a default judgment but TWO judges have subsequently dismissed the defendants two set aside applications), I could end up paying him costs because I dared to query (via an objection) "why" he wasn't paying the debt quicker (ie in larger amounts)? I really have to wonder if there is any point in the process where I will a) get my money, and b) feel that the law is on my side. Every time I think I'm getting somewhere, the defendant bangs in another excuse (type of application), everything stops so they can have their say and I haven't received a penny of what is owed even though it is accepted by everyone(including the defendant) that I am owed money. It's a minefield - maybe it will be easier when they streamline the system to make all parties aware of their options at each stage of the process so they feel more informed....oh... they already did that?!

Also. who pays for this redetermination hearing? I had my out of pocket expenses paid by the defendant when his two set aside applications were dismissed at hearings. Thanks.

Thank you all. My objection to the variation order was based on the monthly amount which I had been offered as I considered it to be too low (given what I know about the defendant's circumstances), not that I wouldn't accept payment in installments. The confusion (for me) has arisen as the court appears to be doing things out of order, ie why ask for any comments I wish to make in response to the VO to be in by a certain date if they are going to award an amount anyway and THEN set a Hearing based on my objection? Surely it would have been sensible to take my comments into account, arrange a hearing if necessary and then the judge set an amount?

As the judgment has been awarded, we are just arguing about monthly amounts here. Not sure why another hearing is required as any evidence in the form of proof of income/monthly outgoings etc can easily be provided in documentary form by the defendant without the need for both parties to attend in person. Plus from experience, I would have said written proof provided by a third party (ie bank) holds more weight and is far more reliable than anything which the Defendant is likely to say verbally at the hearing. I will obviously be attending though.

Hi I'm starting a new post as the thread on my last one was getting rather long and I thought it would be easier to summarise it to where I am now, so briefly, the chain of events are: I, as the Claimant, initiated a small claim. Provided all the paperwork, served notice etc, did everything according to the book. A default judgement for £2100 was awarded against the Defendant because they did not defend the claim. The defendant then immediately put in a set aside application which was dismissed at a Hearing. They then put another one in, which was also dismissed at a second Hearing. I put a warrant of execution in for the full amount to be paid. The defendant then put a variation order in for a very low amount and I objected stating the amount I would accept per month. I then received a notice from the court saying I had been awarded more than the Defendant had offered, but still less than half what I had asked for. At the same time, I also received another letter from the court saying that because I had objected to the variation order, the matter would be passed to a judge for consideration (was not clear if my objection had been taken into account when the awarded amount was set?) I have now received notice to attend a Redetermination Hearing - the court couldn't tell me if they had set this up or if the Defendant had requested it to argue about the payments amount which the court had set! Has anyone got any idea what the purpose of the Hearing is? My written objection submitted in the prescribed timescale was quite clear in setting out why I thought the Defendant, could, and should pay more than they had offered. I'm not sure there is anything I can add. Not finding the process particularly quick, easy to understand and I am a reasonably intelligent person (or at least I thought I was)! Thanks

That's very helpful Andy. Yes, it was a default judgment.

Oh, right, thanks. I will get my reply done asap.

Thanks Ganymede. Is a forthwith order something I need to apply for separately to the warrant I have paid for?

Hi The second set aside application was dismissed as expected and I immediately issued a warrant of execution for immediate payment of the full amount. The debtor has now come back with an application to vary the order offering to pay a very small sum per month which I don't want to accept as I know they have sufficient funds to pay a more reasonable amount. Please could you tell me what my options are? Can I go for an attachment to earnings, can I refer the case to the High Court and let the sheriffs seize property I know they have or do I have to accept what the judge decides when I return the vary form? Thank you.

Hi Lilly My sympathy goes to you. Credit card companies (particularly MBNA, but also Nationwide and Barclaycard in my experience) disgust me. I somehow find it hard to believe that real people are behind the nasty letters and unnecessary threats. Until recently I had four credit cards which I was paying off (two of them MBNA) totaling in all £10,000. The debt was manageable until the crunch hit and being unable to move the balances around meant the 0% rates ended, extortionate rates kicked in and the rug was pulled from under me. I didn't see it coming any more than they did. After three years of struggling terribly but never missing a minimum payment, I'd had enough and finally sold my house to pay off my debts to be rid once and for all, only to be approached by the very same immediately offering more credit cards. AS IF!!! I had the GREATEST PLEASURE in telling them to stick their credit cards and aggressive way of doing business where the sun don't shine. I am now debt free and fully intend never to deal with the likes of them again. I very much hope you resolve your issue in the knowledge there's at least one person out there who is no longer being screwed for every last penny in ridiculously high interest rates! I might have had to move but it was worth every saved penny! I wish you the very best of luck.