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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   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   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   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 Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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deckermbnahater

Disciplinary, Resignation and Pay

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Hi All

 

Will attempt to keep it short, but employed by company for just under two years. A few weeks ago one friday I received a letter by email inviting me to a disciplinary hearing with only 48 hours notice. the allegations were a joke that I could of mostly rip apart with no problem. Anyway my manager was hopeless and he sent me the letter having not spoken to me for weeks previously. I did something silly and asked for statements regarding the allegations one of which was sent by the Personnel Manager and was very unpleasant. I showed the letter and statement to a friend and he said that I would not be working their again and he just wanted to get rid of me.

 

Anyway I was unwell over the weekend and went to the doctor who diagnosed Work Related Stress/Depression and he advised that I should find another job as it was not a very good company to work for. He signed me off for a period of 6 weeks in total.

 

The personnel manager after 3 weeks off sent me a letter demanding access to my medical records and continued to write demanding a decision on access to my medical records in seven days else they would have to make decisions in my abscence.

 

 

During that time I found out that they advertised my job under a different job title via a recruitment agency on a temp 2 month period. With the poor manager, statements and advertisement of my job I decided to resign with immediate effect and not return.

 

 

Once my sick note ran out I wrote stating that I resign and would not return, because they advertised my job and would not be welcome back given the statement written by one person.

 

I then received a phone call from the personel manager stating that I was required to work my notice period, stating no post was advertised and letter stating that I was suspended with no pay. Remember this is after my letter of resignation and stating to the personnel manager that I would not return.

 

 

The personnel manager stated that the serious misconduct alleged is not the same as gross misconduct and would not lead to summary dismissal. I even started to think that they did not want to lose me. But my thinking process was they started it once what was to stop them trying it again in a few months so get out as advised by doctor.

 

 

Could anybody confirm that their is no way they can withhold my outstanding holiday entitlement payment and somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it.

 

Any ideas on holiday and pay and any ideas what they are trying to achieve except make things difficult and prove they are not a professional organization.

 

Thoughts appreciated?

Edited by deckermbnahater

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Do you havea written statement of particulars of employment? (a contract?)

If so, what does it say about notice periods, deductions if you fail to work your notice period etc?

 

You said, "somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it".

Certainly nothing in Statute about that, and I'd be enormously suprised if that was in your contract.

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Do you havea written statement of particulars of employment? (a contract?)

If so, what does it say about notice periods, deductions if you fail to work your notice period etc?

 

You said, "somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it".

Certainly nothing in Statute about that, and I'd be enormously suprised if that was in your contract.

 

Hi

Have a contract that states that upon termination of contract i am entitled to be paid in lieu of accrued of untaken holiday save that they dismiss you or do not give 1 months written notice prior to termination.-

 

I left with immediate effect.

 

Then because I did not give the one months notice it is possible that wil refer to the Working Time regulations 1998. For these purposes any paid holiday is deemed to be statutory paid holiday. The amount of the payment in lieu shall be calculated on the basis of paid holiday is equal to 1/260 of basic salary..

 

Presume that they will attempt to screw me and pay half of my outstanding 15 days holiday due. receiving half of what I was expecting.

 

 

The contract also states that i am entitled to basic pay and an additional car alowance of £500 per month which accrues from day to day and is paid monthly in arrears. Pesume that is where the idea about payment for notice period without working it comes from.

 

thanks in advance

Edited by deckermbnahater

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I'm not entirely with you.

 

Contractually, you should have given 1 months notice. Which you didn't.

Therefore they've held onto your accrued holiday pay.

 

Are you arguing that as there is a Statutory provision for an employer to give employees paid holidays,that they should therefore pay you anyway?

 

I don't really understand your last post.

 

About the only circumstance I can think of in which an employer pays the employee for their notice period, but the employee doestn't work during that period, is when the employee gives their notice but the employer decides they don't wish the employee to work.

The employer then gives the employee what is known as 'garden leave', they leave immediately, but the employer pays them until the end of their notice period.

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It sounds to me like you went off sick to avoid/delay the pending disciplinary then resigned six weeks later for the same reason - not saying thats correct but its probably what your employer thought too and possibly why they asked for your medical records so quickly too.

 

Not a very good employer however by all accounts, from what you've described and yes you're probably best out and away from the place.

 

That aside, in respect to notice etc - you resigned with immediate effect so unfortunately you are entitled to no final notice pay because you didn't work any notice. You would be entitled to pay only upto the day you resigned.

 

I wouldn't let them away with not paying you for any accrued and untaken holidays though. Have they actually told you they will not be paying you this?

 

If they haven't said they won't be paying it then I'd drop them an email saying you believe you are owed xx days holiday pay and ask them to confirm how much pay you are owed for that and when you will be paid it.

 

If they then say they aren't paying you it we can take it from there and you should raise a formal grievance about it, on the lines of you felt you had no option but to resign without notice due to having lost all trust and confidence in your employer and you wish to raise a grievance in respect to their refusal to pay you xx amount of holiday pay due to you.

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