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    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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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.

       

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Underpaid salary


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Hi, I hope someone can help and shed some light / advise how best to proceed. I have just received my monthly pay slip through the post and have been paid the entire month as SSP. Thing is, I've not been off work at all!.

Money has been extremely tight since cost cutting measures by the Company left me on a four day week last year, we're paid minimum wage anyway so live from pay-day to pay-day at the best of times. This month I have £339 to last five weeks.

 

Now, assuming I can get them to realise their mistake when I contact them on Monday (1st opportunity) how long would be reasonable for them to pay me the balance? Usually when pay is short (not unusual for them to get it wrong) it's a case of waiting until the next payday. I have circumstances that mean certain bills MUST be paid next week to avoid my whole financial situation imploding,

 

Any pointers on how best to proceed would be welcomed

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Hi. Firstly, don't go in all guns blazing....yet. This should be an error which is easy to correct. There is no earthly reason why the employer cannot make a CHAPS payment for the difference. This will get the money into your account the same day. It will cost them a fee, but hey, it is their mistake. You may also be prepared to accept cash or a cheque (if you are able to wait for it to clear).

 

It would most certainly not be reasonable to expect you to wait another month, and whilst there is a need to keep calm, you will also need to stress that you can't afford to wait, and have essential bills to pay, and that you will hold them responsible for any charges incurred. You need an answer within hours, not days and an assurance that the money will be forthcoming.

 

If they don't play ball, then there are legal threats that you can make regarding unlawful deductions etc, but that won't necessarily hurry things up.

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Thanks for the very quick and helpful reply. Salary payments are one side that falls flat in the Company. my first hurdle is finding who to speak to! My line manager is on annual leave and the HR dept. have said previously that they do not deal with pay!

 

Will keep this updated - if I have the same trouble as last time it could have some legs........

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Please do. Presumably somebody has responsibility for the business and he has to take responsibility and action as appropriate. I was always of the opinion that whatever you do in business, don't mess with the workers' wages!

 

An underpayment can represent an Unlawful Deduction from wages, and you could take that to an Employment Tribunal which would cost them considerably more than the £25 or so than a same day CHAPS payment!

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Hmmmm....... I've been promised a CHAPS payment either today or tomorrow, dependent on when the "paperwork" gets processed.

 

Apparently the company are doing a nationwide sweep on sickness absences that have not been previously notified by line management and mine showed that I had been absent form 16/7/10 to 16/8/10. I explained that I have not had a single day's sickness all year! HR have accepted that I should be paid, but will check with my line manager who was on leave today.

 

Strange thing is, I tried to contact 4 managers today from mine and bordering areas and all were on leave today, according to answer phones - inc. HR manager.

 

It doesn't seem right to collect "overpayments" like this without warning - more than a month's salary deducted, then SSP added plus a rebate of tax.

 

My paranoid side says "clandestine management meetings and desperate attempts to claw in payroll money" It's a large, national company with predominantly minimum wage employees - this was the first run of payroll since NMW increased. Hope it is just paranoia.

 

Must remember to have any reference to receiving SSP payments made to me - never can tell when it may be needed.

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They are only allowed to collect a certain percentage for overpayments, not deduct the whole lot in one go.

 

Sorry - this is not correct. The law makes no stipulation as to the amount or percentage of a salary that can be reclaimed if an overpayment has been made. Not relevant in this case, since no overpayment had been made - but still incorrect.

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Since last post the remainder of my salary has been sent to my account.......Yipeee.

 

Good for you - hopefully they have corrected the error which led to the wrong payment in the first place.

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

 

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I'm pleased you got this sorted. Don't forget, if you were subject extra bank charges and the like through being paid late, you should be able to reclaim those from the employer. And keep a close eye on the payslips from now on :).

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 1 month later...

Bit of a hiccup this month. On the morning of payday - nothing in the account colleague also not paid.Now, we start work 3 hours before the office (couple of hundred miles away) and my line manager (who we see about once a week) start so I phoned a colleage at another site who at this time hadn't checked his account. Left an answerphone message for my manager saying "XXXX and I are wondering if there's a reason we havn't been paid yet" One hour later, phoned HR and was told there was a "glitch" with the payroll system, nobody had been paid nationally and manual payments would be made later that day, once the banks opened"

 

An hour after that my colleage at the other site called me to say his manager had phoned him to tell him the imfo. I had from HR. Still no contact from my manager. I checked and a "TT" payment bhad been made - good. all sorted?

 

An hour or so later, our manager comes in and bollocks us for "making a fuss" and leaving "arsy" messages on his phone - the message was as above, no more, no less. and for being overheard by the clients as we discussed it.

 

Payslip arrived today (is always a day or two after being paid) and mine is impossible to fathom.

It still shows an accumulation of over £300 SSP.

 

When I received the balance of salary last month, it was an amount which, when added to the "ssp" payment and resulting tax rebate I received was exactly equal to a normal month's salary - seems fair.

 

To "balance the books" I guess, I received my months salary and a "salary adjustment" that was equal to the amount last month's gross salary was short- considerably more than the net amount received last month (I had assumed tax and NI had been deducted last month as I actually received, in total, the exact amount of a usual month's net salary)

This has led to me paying a rather heavy tax/NI amount this month. The "pay advance" (bloody cheek calling it that!!!) from last month was then taken off as a deduction with this month's tax/NI - should this have been deducted from gross wage pre-tax? as I assume I have already paid tax/NI on it so as to arrive at a total net sum last month?

 

The amount of money isn't massive - works out though to about 4% of net salary lost this month.

 

Has this been worked out correctly? and surely my cumulative pay statement this month should not show £300 SSP ? Could anyone tell me if I will have been deemed to have received this on top of my "pay to date" as shown on payslip?

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Hello again. This is quite a complicated question and best answered by a payroll person. I don't think we have one around at the moment. Have you spoken to whoever deals with payroll? They are generally the right people to explain it to you.

 

I would start by speaking to them.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks,HB

 

I've left a request with my manager to clarify how the various deductions have been arrived at but the way it works from past experience is that I contact my manager (I'm on a 4 day week these days so not in today - so answerphone's the best I can get) who then contacts HR for referral to our "payroll" dept who in turn contact the 3rd party company who actually process the payroll................. what a rigmaroll. Each of these seem to take such a request as a heinous personal attack and IF I get an answer it will be passed down verbally through the same chain. Probably towards the end of next week I'll get my first response which most likely will be "why do you want to know?"

At the end of the following week I'll most likely get a curt reply of "It's correct"

By the end of the month I'll most likely give up in frustration!!!!! (can you tell how valued us employees feel? minimum wage, IMO less than legal minimum holiday entitlement and no back-up)

 

If I can find out if there is actually any detriment to me in having the SSP wrongly recorded (is it taken as having been paid on top of cumulative income which may affect my son's Uni funding) I can decide whether it's worth persuing in any way. I have bitter memories of my son losing an extra £10 per week EMA because my years earnings were £4 above a certain threshold - I won't risk his student bursary for earnings I've not received. I can live with the slight financial loss this month as we do have some "give and take" at local level.

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Hello again. Is there a reason why you have to go through this chain? Are you allowed to contact the payroll agency or the person who gives them information. I've always gone direct to payroll in the past, but in your organisation it could be different.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Must follow the chain of command! I wouldn't even have the HR number if I hadn't recently volunteered to sit on a new "employees forum" . I have a meeting fot this in the new year so can bend the MDs ear then if I get no joy, now that's jumping chain of command. (I'm not sure that some of my managers are too happy that I have taken this on...)

 

I don't wish to upset local management by not following procedure as we actually have a good relationship. I must admit to being concerned for the stability of the company - and at least I'm in a job - which makes me more fortunate than many at present. Showing a deduction of £800+ for "unauthorised abscence" and £300+ SSP will not reflect well on redundancy scoring if we go down that road again.

 

The original mistake was made by my manager putting the abscence in my name, instead of the absent employee's, who was the next line down on the spreadsheet. Easily done and difficult to correct, it would seem.

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