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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

My wife works as a hairdresser in the north east,3 weeks ago an elderly lady came in and lost her glasses in the shop, the boss of the shop basically did nothing but phone around a few customers,the lady later asked if (a)she had insurance to cover the loss or(b)whether she would be willing to pay half (£275) that they cost.The owner did nothing saying it was not her fault and she was not liable.The elderly lady refused to return to the shop on principal but as it was coming up to xmas she asked my wife if she could come and do her hair at home,after much hummimg and harring my wife agreed to do it as a favour xmas and all that,now my wife's boss has found out about this,she asked my wife about it who told her the thruth that yes she had done it,now she is threating to sack her saying that it is un-professional.Can she do this the lady was not coming back and it was only a favour??? Any ideas any-one

 

Cheers nafjor

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If there is a (properly worded) clause in her contract of employment that prohibits conflicts of interest/other work, then yes they can.

 

Otherwise no.

 

How long has your wife been working here, and does she even have a contract?

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Hi,Thanks for getting back she has no contract and she has worked there for about 3 to 4 yrs,so it would seem the boss has no leg to stand on really.

 

Cheers nafjor

 

Quite right! Your wife could probably resolve this informally, by pointing out that she has no contract (hence no clause prohibiting anything) and dropping hints that she'll go to tribunal....

 

If she does get dismissed, then people on here will help you with a claim for unfair dismissal etc.

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  • 3 weeks later...

Hello again,

My wife has been offered a new job which she is going to take,is it ok to only give one weeks notice as she gets paid weekly,and is she entitled to the remainder of her holidays back in cash when she leaves,she currently works 19hrs a week and her holidays run April to April.Thanks in advance.

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is it ok to only give one weeks notice as she gets paid weekly,

 

 

Yes.

 

 

Bare in mind that she is not entitled to her full years holiday. say for example she gets 26 days annual leave from April to April. You must take the 26 days and divide this by 12 (this gives you the number of days you are entitled to per month) then multiply this by 10 (the 10 months she has worked) and this will give you your total.

 

 

eg 26 Divided by 12 = 2.16 x 10 = 21.5 days annual leave due.

 

 

I think, someone may correct me.

 

 

Hope that helps.

 

 

Regards.

 

 

Scott.

 

 

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Hi there, assuming your wife leaves her job week ending 8th Feb - her holiday entitlement for the year starting 1st April 07 till 8th Feb 08 would be 70.6 hours (based on working 19 hours per week). You have to deduct any holidays she has already taken from 1st April till now and that will give you what she should be paid on leaving.

 

Hope this helps.

 

Kind Regards

 

Ell-enn

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Hello,Does anyone know of a link(template) to write a letter of notice as my wife is moving on the pastures new at work and needs to hand her notice in tomorrow(TUESDAY),can she request payment of any holidays not taken due to her.Thanks nafjor

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Can't find a pre-prepared template which looks OK, so how about:-

 

Dear (Sir, Madam or Name),

 

After much consideration, I have made the difficult decision to leave (Company Name), and have accepted a position with another company. In accordance with my Terms of Employment, I hereby tender my resignation with one week's notice, and my last working day with (Company Name) will therefore be (Date).

 

I understand that my final pay will be made up to include the (No of days/weeks) holiday entitlement which I have not taken, and my wageslip and P45 will be forwarded to me in a timely fashion.

 

I would like to thank you for employing me and wish you well for the future.

 

Yours (Sincerely or Faithfully)

 

 

Naturally you may need to edit the above to suit.

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Hello,

I need some help,it appears that there is a chance my wifes employer (who she is leaving next week)has not being paying her N.I ,is the employer responisble for the short fall if there is one.If this helps my wife recieves £110.20 per week.

Cheers nafjor

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Hi there, by my reckoning your wife should have been paying £1.10 per week and her employer approx £1.28 - but you need to check ( the threshold for earnings 2007 was £87). You should contact HRMC to find out if contributions have been made.

 

Hope this is helpful

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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