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    • Hi mackem67   This came out last Friday on gov.uk - hope it can help.  https://www.gov.uk/cma-cases/covid-19-cancellations-package-holidays   Be interesting to know if this actually works ✍️
    • Thanks D.   This has got me all of a dither   I feel very naive,  I thought common sense would rule the day!  CST LAW.pdf Smart Parking Rejection.pdf POPLA_Rejection.pdf
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    • Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make. The same with your claim form. It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund. This is a glaring omission and at some point you have to remedy it. If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point. You should amend the claim. Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim. Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence. Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.
    • Thanks - I got this off ABTA website   If there are significant changes to the main characteristics of the holiday that mean a significant change to the holiday as whole you are entitled to an offer of an alternative holiday, or a refund of your holiday cost. ABTA cannot determine what is and isn’t a significant change to your particular package holiday, however a general overview of what might be a significant change is below:   a change of resort;  a change of accommodation to that of a lower category and/or price;  a change of flight time or delay of flight of more than 12 hours (in respect of a 14-day duration.  A change of flight time less than 12 hours may still be regarded as a significant change in respect of a lesser duration) or involving a reduction in time spent at the resort which is significant in relation to the length of the holiday;  a change of airport that's inconvenient to you.  If the holiday or trip can’t actually be provided due to closures and limitations, then you have a right to a refund.   On Jet 2 T & C's it does say a change of accommodation is a minor change,   however,  I think that is subjective as what is minor to one person is possible significant to another and to me it is significant that the hotel is closed.   They have not even said what they would offer me so I agree I don't think we should pay any balance until this is at least discussed.   There are only 2 other hotels in Punta Prima which offer all inclusive and both get poorer reviews that the one we booked.   I know this won't make a difference to Jet2, however one of them is also 1.5km from the beach! Our booked accommodation was actually on the beach.   I am so frustrated with Jet 2 and unsure where to turn now.
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Bad references and no holiday pay

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Hi, about 4 months ago, my employer started to underpay me, at first it was the agreed overtime not paid, I had to get up at 4am to drive to from north wales to south wales to another depot (not in my contract) and they agreed to pay my overtime, then didn't, then the next month they underpaid my normal salary just like 90 pounds here, and again the next month.


Then I injured my back, and tried to carry on working, they told me the insurance wouldn't cover me, and made me take a few days off. They then refused to pay me for these days.


Desperate by now for money, as I had been underpaid for many months I called ACAS who spoke to them, the following monday I was 'made redundant!' :Cry: My boss promised me the rest of the months pay, my holiday pay (2 weeks) and the money he owed me from the previous months and he'd pay it on the friday. He didn't, it took him another 4 weeks to pay anything, and then he just paid for the week i'd already done of the month, and 1 weeks holiday pay, nothing else! :mad:


Now he's claiming he doesn't owe me anything, that he never said he would pay the month and that I only had 1 weeks holiday pay left as I took a week in feb. Now I DID take a week in feb, but only because I had booked the week off over christmas, and then the DAY BEFORE my holiday, my boss cancelled it and said I had to work instead!!!! I told them I would work, but they had to pay me for my accrued holiday before the end of the year. They didn't, and so I said pay me by end of Jan, they didn't, so I took it off! So it was last years holiday.


Now, I've got a new job and put my boss down as a reference, today I'm called in and told that my boss has said it MY fault they had to close our depot and make us redundant, because I didn't work hard enough to make it work!!!! My job is at risk here, I've spoken to ACAS who are trying to put me off taking legal action or going to tribunal, saying it will cost everything I'm owed (about 1000 pounds). But I don't know what else to do. Please can someone help me? :?

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Hi there.


Few issues here; your ex boss sounds like a right charmer! You're best off out of it in the long run. I'm afraid this post isn't going to be v. positive (or what you want to hear) but here goes anyway:


OK. How long were you employed by your previous employer? If it was more than two years you'd have been entitled to statutory redundancy pay; you don't mention it so I'm assuming this is not the case.


A verbal agreement with your boss is worthless. With someone as clearly unreliable as this one everything should have been in writing. The only thing of any immediate signficance is the contract & terms of employment.


You may find that the practice of "carrying forward" annual leave from one year to the next is at the discretion of the management. Now cancelling leave according to the needs of the business isn't unheard of. Unless there is something in writing here this is going to be very difficult to prove. Your boss can deny cancelling the leave & yes, you did finish the year with untaken leave, but were aware of the fact that leave was not carried forward. Witness statements would be the only way around this as far as I can see.


One thing that struck me from your post is there is no mention of any pay in lieu of notice. You should have been paid for whatever notice period you're contract dictates your entitled to (anything between a week & a month normally although some managers contracts have three month notice periods).


Now the reference issue is a different story. If you were not the only worker there could be a very clear case for defamation & / or slander. ACAS may be trying to cover their backs here too. Don't lose sight of the fact that you called them in to arbitrate on your behalf & within a week you're out the door. I'd be asking them to explain themselves on that front too.


Given this guy's track record; I think I'd be asking myself how likely is it that I'd see the money owed without purusing legally. Don't forget there is also a potential for compensation for the defamation / slander too. If your former employer is registered with the Information Commissioner - check online at Information Commissioner's Office - ICO you could be cute & do a s.10 Data protection act 1980 data subject notice to them (you would be a data subject as an employee). Templates (that will need slight amending) can be found in the Debt Collection library.


Good luck!

"Evancosmo" is short for the evanescent cosmopolite.




1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09


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