Jump to content

queensclose

Registered Users

Change your profile picture
  • Content Count

    667
  • Joined

  • Last visited

Everything posted by queensclose

  1. Sorry Emmzzi. My earlier reply was not aimed you the company follows HMRC on it. I just needed to find out what HMRC guidance is on distance from home to office. As I will be working at an office closer to home then I normally would. But I now know that HMRC does not have anything on distance. Only working away from where your normal place of work for 5 hours or more but the company could say no (HMRC say they could). In which case I would be referred to HR handbook which refers to the government bench mark on travel and subsistence at at the end the day it’s a perk thanks
  2. Your reply is really confusing. Don’t know where you got 5 hour travelling from to try to make it simple. Subsistence meal allowance is a government bench mark that companies can use it was introduced many years ago. When companies had subsistenced canteens and sent employees to other sites. It has nothing to do with travelling time or ferries. Don’t know where you got that one from as your aware some companies don’t do it Mine does as my original question the office and work next week is closer. All I wanted was someone knowledgable on the matter. in case the question was asked if under the HMRC policy (if your company follows it). Allows it And no even if the company allows it they don’t have pay the maximum amount. They could set it at £4. To to claim it you must work (not limited to travelling) 5 hours or more. Hence it being called subsistence allowance 5 hours or more but less then 10 I have got to the bottom of it. HMRC don’t have a distance restriction. So could in theory be relocated to an office next door to you house as long as you don’t work their more then 40% of your time in a 2 year period. But your company does not have to accept it I did ask if anyone was knowledgable and not what your thoughts where
  3. No one has said they have. Link is there for those who don’t know about it
  4. https://www.gov.uk/government/publications/abolition-of-receipt-checking-for-benchmark-scale-rates-and-changes-to-overseas-scale-rates/abolition-of-receipt-checking-for-benchmark-scale-rates-and-changes-to-overseas-scale-rates
  5. Been working there for years and my contract says when I joined you will be based at xxxxxxx. It’s an on going problem Shortage if staff. Many people have refused They haven’t being forced. It is in our contract that they can ask. So no they can’t force me No I don’t work for HMRC. You can find substance allowance policy on HMRC site which any decent employer should follow.
  6. Is there any knowledgable about the HMRC rules about distances. Don’t really want to get into a debate. Just need some who has been in a similar situation
  7. The subsistence allowance is HMRC policy. Company’s that pay it claim it back via taxes. But cant find any thing about distances. Overnight doesn’t come into it for away from office more then 5 hrs less then 11 meal HMRC help desk said as far as they are aware there is no distance policy as long as you don’t spend more the 40% of the time covering the other office in a 24 month period im looking for some who has knowledge that can confirm it in case work questions it
  8. Does anyone have any knowledge of subsistence meal allowance. Been doing the job for 10 years. Normal day is go in to office. Normally around 3 hours then do local calls rest of the day last year because of staff shortages I was asked 1 week in every 5 to support another office and agreed that I was entitled to the subsistence meal more then 5 hours less then 10. At £4.20 a day. (After Googling I think it should be £5) i live 5 miles from the office the other office is 25 miles away ok my question is. Next week they have asked me to work at another office which is in the opposite direction to my house which is also 5 miles away. But that office has said because they are so busy I could work from home and the calls are even closer 2 miles from home. They even dropped the work for the week over to me but asked me during the coarse of the day to drop completed work into the office by giving it to security i havent asked side work if I could claim the subsistence allowance because I don’t want put thoughts into heads And their not really Knowledgable on these matters. I normally they just guess what they think is right does anyone have knowledge of these matters thanks
  9. also will need a copy of his brothers insurance. as most insurance policys would only cover the car for third party insurance if the car is also insured by the registered keeper
  10. I got a car on finance. What charges should I expect if I phone them for a settlement figure on a £15000 finance that I took out 4 days ago. I don’t want to call yet because the dealer is fitting extras on car that’s not yet been done and it’s not in writing. [ THEY SAID IF BUY THE CAR TO WE WILL FIT THIS]. Worth about £300 And afraid they won’t do it if they realise they won’t get their commission.
  11. the ccj is against her. middle of last year she move she never told the mobile company she moved because she was unaware of any outstanding debt the ccj was granted dec 2016 she just wants to defend the case as she still believes there is no debt. would it be worth drafting a letter to the claimant they say they are going to oppose the application and eek cost on a contractual (indemnity) Basis. whats that mean?
  12. she was unaware she had a debt for a mobile. has 2 children and has mobile phones for them. but as a far has she was aware no contracts were outstanding. she just wants her chance to defend the claim
  13. whats the prospect of getting this claim back to the beginning to dispute it
  14. posted on behalf of a friend after checking her credit file because she was turned down for credit. it showed she had a CCJ. and has applied to for courts for it to be set aside on the basis she knows nothing about it today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address. it states that the is no prospect of setting this aside and invites her to withdraw her action whats the next step https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]
  15. good news today recieved letter that they are discontinuing the claim thanks everyone who helped
  16. sorry yes its a witness statement so i can delete the exhibits. do i say something like (a check on my credit file shows no defauts) and later produce copies in court
  17. the hearing is on 25th may and they need to pay the fee by 4th april. hopefully my defence is ok does it look ok 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with EE formerly T-mobile uk Ltd. but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer credit Act 1974 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is noted I am aware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim. a request was made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Proposed Defence 1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE formerly T-mobile, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the Credit Consumer Act 1974. To date, no statement of the alleged account has been received. 2.Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the Credit Consumer Act 1974. To date, no statement of the alleged account has been received. a) exhibit A is a credit report from noddle dated 21st March 2017 stating no there are no defaults on their file b) exhibit B is a credit report from clearscore dated 21st March 2017 stating there are no defaults on their file. . 3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They supplied under CPR 31.14 which was received on the 30th December 2016 an alleged copy dated 11th October 2014 which seems to have been filled in on a computer using a template and incomplete. The operator failed to the date it was sold to lowell. instead says ">" and also next to telephone, the number is also missing. This document is exhibit C 4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim. under cpr 31.14 and received on the 30th December 2016 the claimant supplied one alleged letter introducing themselves dated 11th October 2014. again the date it was sold to Lowell is missing and says ">" this is the first time i have seen this letter This document is exhibit D The claimant under the CPR 31.14 sent a cover letter stating the last payment made on the account for £181.99 on 18th April 2013. I have not recognise ever have making this payment and unable to find such payment made from my bank account. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. thanks
  18. thanks do i wait till they pay the fee before serving the papers thanks again
  19. the court have sent a letter. saying its allocated to a small claims track. listed for the 25th may. lowell have until 4th april to pay the £115.00 fee. is there anything i should be doing in the mean time. or do i wait until they pay the fee before sending them a defence thanks
  20. this was the email answers sent back on the 2nd feb Mediation Requirements Please read the following 3 statements: Yes No 1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? yes 2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate no 3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable) yes today today i got an email saying its suitable for mediation The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation. Provisional Appointment Time & Date A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead. Mediation can only be arranged if we are able to verbally complete the mediation criteria with all parties. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place. Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.
  21. come though on an email today Claim Number: xxxxxxx Parties: LOWELL v xxxxx xxxxxx xxx The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation. Provisional Appointment Time & Date A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead. Mediation can only be arranged if we are able to verbally complete the mediation criteria with all parties. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place. Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances. Mediation Requirements Please read the following 3 statements: Yes No 1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? 2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate 3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable) I am available between 9:30 & 13:30 on a Monday I am available between 9:30 & 13:30 on a Tuesday I am available between 9:30 & 13:30 on a Wednesday I am available between 9:30 & 13:30 on a Thursday I am available between 9:30 & 13:30 on a Friday Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case. If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below) Full name of person that will be mediating: (If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them) The telephone number the mediator needs to call: (A direct number is preferable, mobile numbers are acceptable) Your email address: Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing. The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 01604 795511 or reply to this email with your query. How is Mediation Carried Out? You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation. Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session. If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out. If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing. Important Preparation if you chose to mediate Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment. 1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party. Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise. 2. The mediator may call from a blocked or unknown telephone number. Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers. 3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes. 4. Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you. Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device. 5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing. 6. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment. Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line? 7. The mediator speaks to both parties separately. If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below. Small Claims Mediation Service Contact Details Tel: 01604 795511 Email: scmreferrals@hmcts.gsi.gov.uk Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their c
  22. well done would have loved to see their sad faces as they left the court
  23. questions i am unsure of 1) for mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each others positions. can you agree to this. yes or no 2) 1 can confirm that i have enough information about the claim, to allow me to enter into negotiations. yes or no
×
×
  • Create New...