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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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superg

Employer wont pay overtime

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Hi guys I am working 40 hours on 40 hour contract and if we do any overtime the company wont pay the staff this is a very large company some staff are working 20 hours over a week even more and they don't get extra not sure if it would be worth reporting them to the inland revenue or not it is a permanent contract not annual hours has any one any ideas where we stand

 

Thanks in advance

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Are they being asked/told to work this overtime or are they just doing it to get the job finished early? Neeed some more details of the type of work being done.

 

If you divide the gross pay received against the hours done, are you getting minimum wage?

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Thanks for your reply The job is min wage and people are just told they have to stay back to finnish the work off I stayed back one hour It is hotel work my pay is minimum looks right just I dont think they can do this to people many have just got used to doing this I have even seen people finish at 12pm or even 1pm and start there job again at 7.30 is not fair on people also I claim working tax for 40 hours so i should not do more than that otherwise I am no better off even if they did pay me I wish I could just walk out of this place i dont like it on pay note it states 5.73

Edited by superg

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If someone is under contract to work 40 hours per week then they get 40 hours pay for that work. If someone receives a salary for 40 hours and their Terms & Conditions do not state any premium or otherwise payment for the extra hours then the employee cannot be forced to work.

 

In practice this does not happen because you always will perhaps stay on for a few minutes just to perhaps finish an extra job at no extra pay.

 

In the case you have described I would suggest that what is needed is for each employee to look at the wording of their Terms & Conditions of employment and see if their is any discrepency between what the employer is making the employees do, and their written terms of employment.

 

If this is a big company, is their not a union that can represent the workers?

 

As connif has stated there could be an issue with minimum wage if workers on a salary are being asked to work more hours for the same pay.

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Hi guys

 

I work in a kitchen for a very large company we have a team of only 5 people and work two shifts, we are very low on staff but they wont get anyone else,

one shift i finnish at 11pm but lots of work is left cos there is no one to take over when we go.

 

In a team meeting it was discussed that they should start one person one hour later and finnish at 12am but the other people said that they cant because they dont drive

 

they all looked at me

I said that it was not fair on me

i did not want to do it because noone else could and nothing was said

 

next week I was rostered in that shift for two days

because it was very busy i did the shift but did not like it as i was working alone and get very stresses out.

 

Now he has rostered me in again and i dont want to do this shift

noone else does it and this is only because i can drive

I live around 2 and half miles away but it can still take 30 mins to walk.

 

its not fair on me to do this but our contract says that they can change our shifts but why only me and not other people

I am in that shift today but I think I will go in normal time.

 

its not fair any ideas people

Edited by dx100uk
Spacing

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It's not discrimination. For discimination it has to be on the grounds of sex, age, race, disability etc.

 

What I would suggest you do is look in your contract of employment, to see if you are contracted to work those hours. Some contracs specify hours, some specify start and finish times.

 

If your contract doesn't specify you could raise a grievance that you are being treated unfairly, but it is not discrimination.


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Thank you for your advice i am going to do my normal hours now thanks again

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Hi guys just in need of a little advice I work in a large kitchen cleaning. most times there is only myself as the company wont replace staff.

 

in the last week we have been very busy but i have not been able to take my 30 mins unpaid break like today i worked 8 hours 30 mins

 

problem is that the person in charge and most other chefs dont take breaks but i need mine

 

The chef in charge told my Work Colleague that if he did not stay and help that he would take disciplinary action

 

the last time i worked without break i could not walk my back had really bad tension

i have to get a massage to move it

 

my work is a very heavy job and quite stressful at times

when my back went off i did 45 mins past my time

I walked out

nothing was said to me

 

i would be grateful for any advice

 

Thanks

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you are entitled to a 20 min unpaid rest break in every 6 hour shift by law and your employer cannot deny you this right

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you are entitled to a 20 min unpaid rest break in every 6 hour shift by law and your employer cannot deny you this right

 

That would be a legal minimum.

In practce, most employers allow more. Do you have a contract of employment/employees handbook. Those should give you more information.


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Hello people

 

just in a bit of a situation at present wit current job and not sure where to go from here hope someone can help.

 

I have been off work for around 5 months due to bereavement with depression and anxiety

 

I am now on antidepressants and feeling a lot better but still very stressed.

 

I have had many meetings with employer as i had trouble returning to work one of the reasons being the job was very stressful as i worked in a kitchen and was very understaffed and over worked,

 

my employer requested medical report off gp this said that they don't know how long i will be off work.

 

after this employer wanted occupational health report doing so i went for appointment and told him how i feel in job.

 

moving forward yesterday i had meeting with job as i had a fit note that stated I could return to work with amended duties and gp wrote with advice from occupational health report

 

.in interviewed yesterday employer said the occupational stated that I was not suitable for this role. but employer said they don't have any more jobs at present and the only thing they can do is lower hours to part time but only very short term.

they said then hours will return to normal

 

occupational health said if i return to role it will make me worse

the employer said that i have to think if i want part time hours or not and if not I may have to find a new job or resign

 

.I don't mind leaving but I am lost on where to go from here if i say i cant do job will they get rid of me the only thing that worries me is that i wont get any money to live on

 

I do want to work just not in a job that i hate and what that will ruin my life and is very stressful don't know where i stand can they dismiss me due to ill health ?

 

if i get gp to sign me off after this I am not sure if i can claim job seekers or not.

 

I am very greatful for any advice one can give me sorry its a long post just quite stressed at moment

 

Thanks Super_g

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If you can, it might be worth reading up a little about The Disability Discrimination Act. It gives you a brief outline about long term sickness and the employment law. It might help you understand your rights and your employers responsibilities.

Good Luck

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Hello there. I'm sorry to hear you've been through the mill of late, but it sounds as if you're clawing your way out of it now.

 

Does your company have any sort of sickness insurance for employees? Sometimes that will make up the loss of earnings caused by your illlness, but I know the catering industry isn't always very generous with benefits like this.

 

How long have you worked there?


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hi honey bee thanks for your reply its not really the money thats bothering me as i still get tax credit till dune just just I dont think i can return to this situation and thanks hidebait i will check the law out

 

Thanks all

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