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    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
    • I could also add... In a time where the nation has the least amount of trust in Government and their departments, whereby the taxpayers believe the Government is pretty much taking the p*ss out of residents left, right, and centre... HMRC is doing this..
    • Thanks for the reply. The dispute is with NatWest but I was hoping to post in the general area as I thought banking practices would be standard but it seems I’ve posted it in the wrong area.   thanks agajn 
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If you opt out of the EU WTD do the rest periods still apply ?


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Hi,

When my brother joined his company brother has signed an opt out statement to opt out of the WTD.

The company now has everyone is consultation over working hours, on call, core hours and rest periods.

Does opting out of the WTD mean that you opt out of the right to 11 hrs continuous rest etc, or do these opt outs only apply to the 48 hour average working week ?

 

My understanding is that it is only the 48 hour bit that you opt out of and the stuff covered by The Working Time Regulations 1998 still apply :

  • A rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
    A rest break when the day is longer than six hours
  • A minimum of one rest day per week


  • The statutory right to four weeks holiday


  • Night working must not average out at more than eight hours at a stretch


  • Workers will be entitled to a free health check-up before being employed on night work and at regular intervals thereafter


Can anyone clarify for me please ?

 

 

Thanks in advance.

 

M.

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If you opt-out of the 48 hour limit, the other provisions you stated do still apply.

Though, there are so many 'ifs and buts' if you read through the Act, that an employer can all but always get round them.

For example, if he is a 'shift worker' (what does that mean??), he could finish one shift at midnight, then due to a change of shift pattern be required to recommence work at, say, 6am.

The large print giveth, the small print taketh away.

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i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

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Workers cannot opt out of rest entitlements. Depending on the nature of the job, breaks can be moved, but the employer must give compensatory rest to make up for the time lost when you would otherwise have had a break.

 

The only way to opt out of rest entitlements is through a collective agreement, not by individual opt-out.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

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sidewinder is of course absolutely right.

 

i should have said 'we' opted out as a whole section, not me as an individual.

 

on the other hand, we have opted out of having a meal break during a shift, and for that we get to leave an hour and a half early ie. 1230 instead of 1400. this suits us and of course the business.

there is a tea break incorporated in that period as well, 30 minutes.

 

we love it! lol.

 

bartymuv.

 

Collective agreements can sometimes work quite well, but the WTD is an absolute nightmare to administer as there are so many clauses and exceptions. My last job was with a mainly nigh time distribution operation and the introduction of WTD cause serious problems - not to mention loss in income - for some of the staff who had previously worked 7 days a week on straight through shifts from 10pm to 7am.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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i opted out of the WTD.

my company operate a 24hr operation which means i work a three shift pattern. 0600-1400 1400-2200 2200-0600.

my pattern runs as follows.....7 days on 3 off, 7 days on 4 off. every 3rd weekend is a long weekend off ie friday saturday sunday monday.

overtime can include a 0600 start, and finish at 2200 and then start again at 0600 the next day, or indeed any comblnation of all three.

 

there is nothing that says we have to have an 11hr rest period between shifts.

as i understand, a 10hr rest period is what i opted out of.

 

working 7 days on may sound alien to a lot of people, but, if i was to suggest to the people i represent that we were going back to a 5 day pattern, they would slaughter me. if you think about it, people on a five day week would have to take 10 days leave for two weeks leave, whereas i take 7 days leave for 2 weeks leave.

 

sorry to rattle on.

 

hope this helps,

 

bartymuv.

Hi,

Thanks for that. There is no shift work.

There are "core hours" 7am to 7pm and we are to arrange to cover these hours. Our problem lies in when we are on standby.

We understand "on standby" doesnt count towards the working hours. However, when we are called out the clock starts again.

Our quibble is over the 11hrs continuous rest period afterwards which they company they will allow us, but at " a time that is convenient to the business".

Which means you could be on standy at the weekend, be called out and work say 20 hours over the weekend, finishing say at midnight Sunday, but still be expected at work at 7am if you are covering the early part of the core hours................

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