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wilmaflint

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About wilmaflint

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  1. I have just rang ACAS and they just said I need to outline an appeal against my dismissal in writing to the company and then seek legal advice. But is all this a waste of time? I do think I've been treated unfairly, my job IS there, she gave it to her son. But because I've been there less than 2 years they can do what they like? Everyone who works there is on a fixed term contract. I'm so confused, surely this isn't right?!
  2. Thanks so is this still lawful for them to do even though they state I am no longer required even though I clearly was required because my hours have been given to her son? Even though I was only there 15 months.
  3. I think when I was thinking of 13 weeks it was possibly an out of date notion that if an employee works for that length of time they automatically enter into an employment contract? This was just from what I'd heard in an old job but a few friends have mentioned the concept to me when I've been talking about my current issue. For me to accuse the employer of dismissing me due to my fixed term status does this mean they'll counter that it isn't the case because everyone is fixed term? But I'm still confused as to why they refer to me as temporary in the dismissal letter. Can a fixed term contract turn into a temporary contract without my knowledge? :/
  4. Thanks for the replies. In our department there are 2 different job roles, I'll call them A & B. Job A is full time 40 hours x 2 people Job B is part time 20 hours x 2 people In Sept '13, two males carried out Job A and us two girls did Job B. Last summer, boss' son and other girl swapped roles and he joined me in doing Job B 20 hours p/w. He also does an additional role at 12 hours per week in another department. It was my last day yesterday and I took a copy of the new rota which states Male 1 40 hours Job A, Boss' son 40 hours Job B. Boss son has been removed from his other dept job and the rota for that says 12 hours - Temp. So they've given him my hours and are getting a temp in to cover his other job? The client has told me they requested 40 + 40 + 20 hours for this rota, so my employer isn't fulfilling this so I'm not sure if they will get a temp in to cover those hours too? Why would they get rid of me when the hours ARE there? They didn't say I was let go because the contract had expired, all it says is that we are temporary and no longer required, it doesn't seem to be anything to do with the fact my fixed term contract ran out in Sept because so did other staff and for some reason they aren't claiming they are temporary, only me and other girl? Since the fixed term 12 month contract expired all I was told is it would roll on until the tender was finalised and we could have another contract to sign, more than 13 weeks has elapsed since it expired doesn't this give me any rights or is this an old rule I'm thinking of?
  5. Hi, I have been working for a contract company since Sept-13, I was employed on a fixed term, 12 month, term time contract. When the contract expired we were waiting to find out if the company had won the tender for another year but it was dragging on and on so the manager said our contracts would roll on. Apparently all staff are only ever offered 12 month contracts which I understand, and this is fine. However me and the girl who started with me and on the same terms, have been "let go" because apparently we are "the only temporary staff". I can't understand how this can be the case, surely all staff are the same? Also, I work a set amount of weeks per year and they restarted the count after my 12 month expiry and so IMO it was implied I would continue to work there for another year. We were told even if current company did not win the contract we would transfer to the new one over TUPE. Turns out they didn't win the contract and our details were in the TUPE paperwork but we've now been told we were temporary (news to me) and no longer required. There is an element of nepotism here as the boss' son who worked PT has now been given FT hours (he wanted this) so basically, how can they say I was not required when they've given him my hours? Conveniently this is just in time for the new company taking over. He has worked there for 3 years and he changed his job role/hours a few months ago which boss denies (?!) Can anyone give their thoughts on this? I think this is very dodgy and I'm not sure it is legal?
  6. Thanks, that's done now. I will get on with writing the letters for CCA and CPR 31.14, I am sure I'll be back with more queries soon
  7. Thanks, I'm just on MCOL and I am acknowledging the claim, but I am not sure if I'm supposed to tick the box that says "I intend to contest jurisdiction"?
  8. Ok thanks, I have about 50 tabs open at the min trying to get my head around all of this. I don't yet know what a CPR is but do I still need to send a CCA request to Lowell given I have admittance from Shop Direct that they don't have an executed agreement? If I do still send, do I acknowledge the first request? Also are these requests and responses likely to take me over the deadline and if so how would I go about getting an extension for the defence? Do I need to send anything to Carter at this point? Thanks so much
  9. Hi, me again. Just found the response letter in relation to my CCA request back in 2010. It says: "We refer to a recent request for a copy of your agreement. Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place. According to our records, the account was opened on xx/04/2006 you agreed to make payments every 28 days. The outstanding balance is £1300 our records show that £0.00 has been paid within the last 12 months." I was sure the account was opened in April 2004 and my 2010 copy of a credit report backs this up.
  10. Just to clarify, when I wrote the OP I thought no payments had been made since 07 until I went digging through the old credit reports, I believe this may mean I can't go down the statute barred route now?
  11. Name of the Claimant ? Lowell Portfolio Date of issue – 11th Dec 2014 To acknowledge by 30th Dec 2014. 29th by me - dx Submit defence by 12th Jan 2015. - correct - dx What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. "This claim is for £1300, the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell on 1/5/14 and notice serviced pursuant to the law of property act 1925. The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 60.00." What is the value of the claim? £1500 after court/solicitor fees Is the claim for a current or credit/loan account or mobile phone account? It's for a catalogue credit account. When did you enter into the original agreement before or after 2007? Before - 2004 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector - Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I know they were now sending letters about the amount but not sure if I received an official notice. Did you receive a Default Notice from the original creditor? No - I knew it was defaulted when I checked credit report. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea Why did you cease payments? Could not afford debts, worked part time and lost job, on benefits, single parent etc. What was the date of your last payment? According to Equifax, May 09. But my normal payments stopped in Jan 2007. Credit report shows that there was one payment made in 2009. I believe this was a small payment made via a DMP with CCCS Was there a dispute with the original creditor that remains unresolved? I requested a CCA and did not receive a signed copy HOWEVER I did not follow this up. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Not with them directly but I did enter into a DMP with CCCS for a short time and made one payment so I think they might have had a letter from them.
  12. Hello, I am hoping someone can help me. I have received a court claim form from Lowell today regarding an alleged debt to a catalogue company of £1300 (amount claimed is £1500). There has been no payment made on this account since 2007 and the default date was April 2010. I believe (but need to locate the paperwork) that I requested a copy of the CCA several years ago and received an unsigned copy of some terms and conditions. Which route should I take with this? Surely this debt should be statute barred? I am very clueless as I have never had any court paperwork before. Thanks in advance for any advice
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