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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   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 s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   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.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
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Zero Hour contract to be forced on us?!


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Hello all.

 

On Friday we were told verbally that the staff in our shop, which is part of a national chain, would soon all have their contract changed to a 'Zero hour contract'. Anyone not agreeing to this change would be placed on a "Leavers Contract" (I assume this means to be sacked asap). This only affects the store where we work and is not being rolled out at any other store within the company. We have not had anything in writing yet but the implication is that this will happen no matter what we say. I have a 29 hour contract at the moment (which has been conveniently lost by HR when they moved them from paper to electronic). I may have a copy of my old contract somewhere but I have moved house since then so am unsure on this. I have been with this company 6+ years and am a member of the GMB Union.

 

So, basically..

 

1. Can they enforce this contract change on just the few employees and without consulting us to it beforehand?

 

2. Do we have the right to say no without losing our jobs? (my partner says it could be classed as constructive dismissal if they did)

 

3. What happens with regards Tax Credits and benefits who may need certain hours to qualify for extra premiums etc?

 

Any help, advice or clarification on this matter would be gratefully accepted. Thankyou.

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Still no update on the contract change and we are still waiting for anything in writing. My Partner has stated that they cannot just change our contracts but that they have to consult with us first. He has also said that if I do not agree to the change then they can change it anyway but that effectively means they have to make me redundant (hopefully with payment to that effect) and offer me the job back on the new contract. If this is still unacceptable to me then I can follow the Appeals and Tribunal process..

 

Is this correct?

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No they cant force this change without the risk of being challenged in court/ET. speak to union or ACAS. They could make you redundant, but that can be challenged if it is just an excuse to change emplyees. you would only get about 2.5k max. for six years.

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