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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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]I started work at a restaurant as Head Chef on the 1st of June 2011. Several issues with my lack of hours, a dispute with the owner, and several financial, legal, and health and safety violations led me to walk out of my position. The restaurant was forced to close for one night, cancelling six customers and the shift of two non contracted part tine waitresses. They have notified me that they wish to claim loss of earnings against me totalling £15k, including actual loss, potential loss, and damage to reputation. I only worked seven days over the month, I never signed any contracts or agreements, and the wages were cash in hand to myself and all employees; this is one of the reasons I decided to leave. I am not registered as self employed, or as a contractor with the business. I actually only worked seven shifts over the whole three weeks I was employed.

 

I wish to respond to this outrageous claim with reference to the right law theory in order to end it before it begins. I am of the understanding that my employment was illegal and not subject to any applied employment law or claim. I do have several grievances and complaints about the business, but simply wish to forget the incident and move on, can anybody help me?? I

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How long precisely did you work for this employer? What date did you commence employment and what date did you leave?

Was any agreement made, either verbally or by any form of correspondance (whether it was signed is not necessarily relevant), as to what period of notice was to be given by either party?

Are you sure that this employer pays in cash, without making necessary deductions? Can you prove this?

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We have dealt with everything via email, though I was offered the position verbally and have never signed anything. In regards me leaving, I have just had one email explaining they wish to claim lost earnings against me. They did not state they have commenced any proceedings, and are looking for me to settle the amount with them before they make any claim, such as a county court judgement.

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I was hired as Head Chef, but due to the lack of hours I was barely able to produce food for the restaurant. This did not allow me any time to address the state of the premises outside of the kitchen, which included a fly infestation. I raised this topic verbally, but was ignored. I understand that without a list of my duties, I am not liable for any breaches outside of my direct involvement. Legally, they are paying everyone cash in hand, the owner also smokes on the premises (both cigarettes, and marajuana) and is also if rumour is to be believed, involved in several illegal activities to fund the business. I began working for them on the 3rd June, working 7 shifts in total, Friday and Saturday nights, finally quitting Saturday afternoon after a typically bad shift on the Friday night. It is this night they closed, and decided this cost them 15 thousand pounds, though my most exaggerated estimate of loss would be £500 from the 6 customers booked?

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A good starting point would be environmental services at the local council. When you walked out, did you state your reasons to them? IMHO, I wouldn't want to work in a kitchen that had a fly infestation. The smoking of marajuana would be irrelevant, however, smoking, of any sort, in a business premises is illegal.

Edited by borisbeaver
it's not putting in the paragraphs properly!!!

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Thanks, I do not really want to go into a long winded legal battle with them though. I also think making any claim or complaint will only make me look bad to other restaurants that may consider hiring me. What I want to do, is put it to them that they do not have a claim, and agree to end the dispute so I can move on and find another job elsewhere. Any ideas on how would be best to do this, such as the legality or non existence of a contract?

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Have they paid you everything you think they owed you? It occurred to me that maybe this threat is to avoid paying you what's due, but if they already have, my theory could be irrelevant.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think that is at the centre of their reasoning. They owe me £120 in wages, and they are also in possession of my whites, shoes, and a couple of knives. It was my request for both that was followed up by the claim. I am putting together an email detailing the legalities of the case, and why I feel they do not have a case. In this I have offered to remove my claim for these wages, and even sacrifice the cost of my belongings in order to end the dispute. I have also explained the reasons I left in further detail, and the strength of my complaint, and explained that making a claim would be risky to the reputation and future of the restaurant. Do you think I am going along the right route?

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How long precisely did you work for this employer? What date did you commence employment and what date did you leave?

Was any agreement made, either verbally or by any form of correspondance (whether it was signed is not necessarily relevant), as to what period of notice was to be given by either party?

Are you sure that this employer pays in cash, without making necessary deductions? Can you prove this?

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Less than a month then, no employment avenue like an ET you can slam them with

 

Sounds like they are trying it on to me, I'd respond and inform them that as you left due to both illegal practices being allowed on the premises and also a complete disregard to H&S and hygiene standards, in addition as you felt it necessary to protect your reputation in not being linked with such an establishment i'd state that if they continue to pursue then you may feel the need to contact the local press, EHO (Env Health Officer) and the Licensing dept over the smoking.

 

I'd add the tel numbers just to rub it in and state the owner is free to contact them himself if he feels that your position is untruthful.

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