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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hi With the Section 21 Notice I do hope the Landlord issued you with: Energy Performance Certificate (EPC) for the Property How to Rent Guide A current Gas Safety Certificate (if gas in the Property) If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence) Have a good read of this link: Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK WWW.GOV.UK Information for landlords in England on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated possession, possession orders, bailiffs  
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    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Compromise Agreement? Urgent

elpulpo
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honeybee13

honeybee13

Posted
Posted

Hi there, Pulpo. It seems to be going your way, although you have to question if the company knows what it's doing. I would say if these steps will result in you getting the next job and coming away with cash, it's probably worth it. After all, what can they do once you've taken the money and started work elsewhere?

 

Don't make the reference make you sound superhuman!

 

HB x

Illegitimi non carborundum

 

 

 

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elpulpo

elpulpo

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It's just that the date for them to pay up is close to the ET deadline, I just get a feeling they might not pay and try to run me out of time on the ET. I'm not daft though, I'll have an ET1 ready, and the moment there's a problem, it goes in. I can always withdraw it later.

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papasmurf1cx

papasmurf1cx

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Pulpo.... companies do things for the strangest of reasons, some no more so than to show everyone that the boss is the boss. Maybe you were the hardest to crack in the company and he has a plan for the remainder. So if he 'wins' against you he has a psychological advantage with the rest. I know you feel reticicent but once the money is in the bank and you move on it will all fall into place for you.

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elpulpo

elpulpo

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Pulpo.... companies do things for the strangest of reasons, some no more so than to show everyone that the boss is the boss. Maybe you were the hardest to crack in the company and he has a plan for the remainder. So if he 'wins' against you he has a psychological advantage with the rest. I know you feel reticicent but once the money is in the bank and you move on it will all fall into place for you.

Exactly, I think that is the case here. The easiest thing for them to do would have been to just back down right at the beginning, but employers don't like to concede to grievances for fear that it might open the floodgates.

I still don't think they intend to follow protocol and enter into a legal compromise agreement with me. They dismissed someone a few months ago, and gave him a months wages as 'a settlement'. It was nothing more a than a statement in his dismissal letter, saying 'we are giving you one months pay in full and final settlement of the matter of your employment'. I pointed out to the general manager that I thought this person might well try and take legal action against them, but he was adamant that this person couldn't do so as they'd 'settled' with him.

More fool them.

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elpulpo

elpulpo

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Right, so I today received a copy of the proposed Compromise Agreement, with a covering letter saying that all they need for it to be completed are the details of my independant legal advisor, so they can be added.

I emailed the manager, stating that as I understood it, they should direct me to seek independant legal advice, and offer to pay my legal costs, up to an amount. He replied that they were unwilling to pay my costs, and that that would have to come out of the settlement. So, what to do?

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honeybee13

honeybee13

Posted
Posted

Hello Elpulpo. I've been wondering how you were getting on. It's approaching the gestation period of a baby elephant, isn't it? I agree with you, I thought the employer was meant to fund legal advice. But wasn't there a lot of talk earlier about the CA being unenforceable if it wasn't executed correctly?

 

Did you file the ET papers, btw? I'm not sure when you run out of time and know it was a concern for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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elpulpo

elpulpo

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Hey HB, how's thee?

It's not a big deal, this legal fee thing. If they really start playing silly burgers, I'll stump up myself. Just shouldn't have to. I don't have to submit an ET1 'til about 5 Oct, so still well in time.

Going to find an employment law specialist tomorrow morning, just worried that they'll start trying to 'milk the cow' with it all, trying to drag me into making a case of it, when all I want is for it to be settled.

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DottySpog

DottySpog

Posted
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They don't have to fund your legal advice although it's usually paid. My employer made it so that my legal expenses were only funded if I accepted the compromise agreement but told me I had to take legal advice regardless of whether I accepted it or not - being on a low income as a single mum I suppose they thought I'd have to agree just to cover the legal fees.

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SarEl

SarEl

Posted
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Just one thing to add to the advice here - it isn't relevant to this but useful to know. Trades union officers also have the right to sign off CA's. They often have more idea about CA's that the average solicitor who may have never or rarely negotiated one.

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JonCris

JonCris

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They don't have to fund your legal advice although it's usually paid. My employer made it so that my legal expenses were only funded if I accepted the compromise agreement but told me I had to take legal advice regardless of whether I accepted it or not - being on a low income as a single mum I suppose they thought I'd have to agree just to cover the legal fees.

 

 

Without legal advice the agreement is voided so its in their interest to pay

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DottySpog

DottySpog

Posted
Posted

They stated that the agreement to pay legal expenses was part of the compromise agreement itself, therefore if I didn't accept it, it wasn't payable by them. They knew I had financial issues at the time and I was on antidepressants because of the stress at work so I guess they were trying to push me over the edge.

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DottySpog

DottySpog

Posted
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Apparently because I didn't accept the compromise agreement they decided they wouldn't pay my legal fees and I was told I couldn't refuse it without taking legal advice, they even phoned me at home while I was off sick to ask for the solicitors details that I was taking advice from.

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SarEl

SarEl

Posted
Posted

I'm sorry but I do have to correct some mistaken legal advice given on this thread. There is nothing in law that says an employer must pay legal fees for an employee entering into a compromise agreement, whether it is agreed or rejected. This belief arises from the fact that it is common practice for employers to either pay the fees or a contribution to the fees. Employers seldom refuse to pay at least some of the bill - but that is not the same thing as saying that they must pay. The legislation does not say anything about employers paying for legal fees - it only says that independant legal advice must be sought by the employee as to the consequences of signing such an agreement for it to be legally binding.

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