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    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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

DONATE HERE

 

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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