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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
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Mysticjo

Help No Money for Christmas

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Hi All

 

Please can someone help me and a group of people!

 

Sorry it is sooo Long!!!

 

I started work for an Energy Utilities company 02/11/09, my brother also started with the company, as did about 15 others some as telesales booking appointments.

 

We all signed contracts and confidential agreements to protect their business model we were all told when signing the contracts on mass in a group.

 

The induction meeting said nothing about us having to hit a rolling target for 3 months, for us to get paid our basic salary and they told us all that to start just to bare with them because they needed to make us appointments first and did not formally send us targets.

 

Today the whole company received a letter stating that because we are in our trial period, they only had to pay us commisson becuase didn't hit target for rolling 3 months (Only Started 02/11/09). This is crazy we were all under the impression and the way they worded the contract that we were on a basic salary plus comm. None of us received sales targets for Nov, we were just told to do as much as we could and to use the next 2 months as training period. We were told that we would get 15 appointments per week booked for us which was more like 1-3 per week. We we told not to worriy just take it easy they were waiting for a new CRM to book appointments. Then pay day came 28th Nov and none of us to date have been paid a basic or comm. some are owed 7 weeks pay. First they said that the BACS went wrong then the guy that was fronting the money didn't have it! They are trying to say now they have had legal advise, they don't have to pay us cause of clause below in our contracts!

 

6.1 Salary: basis for payment -

The employee hereby confirms that they understand that the employer’s ability to pay salary and, where applicable, bonus is dependent upon terms and conditions set by the employer’s suppliers of the services sold and upon the margin (or gross profit i.e. GP, or contribution) earned by the employer thereon. On this basis the employer reserves the right to vary the basis of payment of some or all employees, without notice, in the event that the employer’s suppliers change the basis on which they remunerate business introducers. The parties agree that the employer will at all times use their best endeavours to ensure that salary and, where applicable, bonus is both competitive and sustainable, and is an incentive to the employee to work to, and if possible exceed, targets set for margin/gross profit/contribution from the sales value of contracts introduced by the employee. The sales value of contracts introduced by the employee is the aggregate of the margin/gross profit/contribution from contracts sold, provided always that these have been enacted by the supplier and that full allowance has been made for contracts not yet enacted, contracts cancelled and any other supplier “claw-backs” relating to the salary payment period in question. 6.2 Salary: amount to be paid - On the basis existing at the time this contract is enacted the employee’s basic salary will be £27,500 per annum, subject to first achieving, or exceeding, the average rolling 3 monthly average target set and agreed by both parties.

 

then it goes on to say

 

INTRODUCTION

In addition to the basic monthly pay an additional commission can be earned and will be paid by Utilities company Blah Blah in return of successful closing of telecoms contracts. The payments will be made one month after the month of connection.

 

I do not know what to do, no money for Christmas, need to pay rent and Sons birthday today had to borrow money to buy a 10 year old boy a gift.

 

The company is still trading!

 

Thank you


Love & Light To All

 

Mysticjo

 

Nationwide Settled 19/07/2006 Settled out of court £5,000

 

HSBC Bank PLC< Data Protection Letter Sent 25/07/2006

 

Preferred Mortgages Data Protection Letter Sent 25/07/2006 ERF & Charges

 

Welcome Car Finance Data Protection Letter Sent 25/07/2006

 

NatWest Home Loans Data Protection Letter Sent 25/07/2006 ERF & Charges

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regardless of their pay structure they must by law pay you basic minimum wage per hour worked. if salaried then your salary must work out at no less the basic minimum wage per hour for hours worked.

 

Basically what they are saying is that you will be paid basic minimum wage (our in your case more than minimum) and commision on top of your wage for sales made or equivelant. Now their saying you wont be!!

 

techinically speacking you are an employee contracted to work a specific amount of hours, am i right? If so then you fall under the commission workers catagory who are entitled to nation minimum wage. commision in most companies is only paid after you have hit your target for the month as such it is paid to you the following month so is always paid month in arrears on top of your basic hourly wage of monthly salary.

 

Take a look at the following website for some more helpful information.

 

Workers entitled to the National Minimum Wage : Directgov - Employment

 

And report them if they refuse to pay you national minimum wage

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Thank you I am so low at the moment I feel so bad, it has made me very ill.

thanks for the prompt reply x


Love & Light To All

 

Mysticjo

 

Nationwide Settled 19/07/2006 Settled out of court £5,000

 

HSBC Bank PLC< Data Protection Letter Sent 25/07/2006

 

Preferred Mortgages Data Protection Letter Sent 25/07/2006 ERF & Charges

 

Welcome Car Finance Data Protection Letter Sent 25/07/2006

 

NatWest Home Loans Data Protection Letter Sent 25/07/2006 ERF & Charges

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Your welcome, and its perfectly understandable for this to be making you ill. it amazes me how so many employers are ignorant to the law and to their employees rights. Hopefully the information i gave you and want other caggers may give you, will make your company think again. Let us know how things go. :)


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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