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    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Holiday entitlement full-time to part-time?


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Having trouble with the work regarding holidays and finding out what I am entitled to?

 

I have been there for nearly 2 years, and up until end of August I was full time(40hrs 5days) now started going to college so my hours are down to 14hrs over 3 days.

 

Our leave year starts in January to December although there is nothing in the contract about this but given the fact we were made to sign off 3 days at the start of the year for the Christmas week, on same contract for those days specified how many that would leave us with, which was 17.

 

Anyhow I have worked almost 9 months of this year as full time yet I only took 6 days off in that time, now since then been working part time but feel I am being mugged off about what they say I am entitled to saying 6 days at first then saying no it will be done part time etc.... I have phoned CAB and they don't know what the answer is. They were concerned about something whereby if you move from f/t to p/t you lose holiday entitlement built up whilst f/t, which is very concerning.

 

So any help would be much appreciated. So please help me!:(

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I have phoned CAB and they don't know what the answer is. They were concerned about something whereby if you move from f/t to p/t you lose holiday entitlement built up whilst f/t, which is very concerning.

 

So any help would be much appreciated. So please help me!:(

 

Shame - you have been told incorrect (on the facts in your OP) there by the CAB

 

The only time you could lose previoulsy accrued entitlement would be if it were contrcatual and you committed an act of GM or if you cross a holiday year and carry over is not allowed.

 

You are entitled to all Holiday accrued whilst F/T if you move to P/T BUT could lose this if you cross a holiday year so you need to get them used ASAP if your holiday year runs out 31st Dec

 

You have told us all the info in your OP APART from what your holiday entitlement was f/t - Thus waht exactly did your F/T contract say your entitlement was?

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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we had 20 days to play with at our own discretion of which 3 were to be kept or assigned to the Christmas week for the days running up to Christmas(we usually work up to boxing day). So having worked up until end of August f/t then going part time what would my entitlement be regarding full days pay(of holiday entitlement)?

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The 20 days MUST have been + bank hols or this would have been illegal

 

Thus assuming you had 28 (inclu BH).

 

To do this calc properly you need to separate out the 20 from the BH

 

Thus whilst a 5 day worker you accrued 1.66 per month. Thus in 9 months you would accrue 14.94 (15) days

 

Then add all the BH's you have already had in this period, assuming you did indeed take these then you have accrued therefore the 15 days

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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