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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Holiday Question


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Hi I am posting on behalf of my girlfriend who works for a supermarket. She was employed in April 2009 on an 8 hour a week contract while at university. She finished university in 2010 and couldn't find a job so at the moment she has stayed where she is. She did ask for a full time contract but was refused on the basis that they don't offer them anymore to cut benefit cost.

 

Since she has finished her degree she has worked on average about 30 hours a week and even more than that in the last 3 months. We want to take a holiday but are unsure if we can afford it as my girlfriend is convinced she will only get paid for 8 hours if she has a week off. I on the otherhand am convinced this is wrong and think it will be based on the last 12 weeks work.

 

Her manager isn't sure as he doesn't have to deal with hr issues. I've read the gov't website on this and can't seem to ascertain an answer. Anybody any answers? Many thanks in advance for your help.

 

Joe

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Well if its been over a year then i would imagine custom and practice icks in on the contract of employment and you will be entitled to holiday pay on 30 hours

 

wait for more replies though as i cant confirm

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On the back of what postggj has said, can my girlfriend now demand that the terms of her contract be renewed as a full time contract is 39 hours but if she can get a part time contract with a minimum of 30 hours it means we will have a bit more guaranteed income instead of the slight worry every month that she will have enough hours to pay her bills.

 

Many thanks for your comments so far

 

Joe

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Custom and Practice is a very hit and miss concept as it relies (at least in this case) not only on how many hours have been worked and over what period, but also on the understanding of the nature of the extra hours. If, for example, the hours are all shown as a single entity - ie Total Hours Worked = 30 that is one thing, but the argument for C&P to apply is weakened if the wageslips make it clear that the additional hours are 'Overtime'.

 

There is also the matter of 'mutuality' in terms of whether the employer now EXPECTS those hours to be worked and what the position would be if your GF was to refuse. Are the hours now allocated without request or reference to whether she is willing to do them, or is there a conversation each week whereby the employer asks whether she is free to work certain hours?

 

There is no right to demand a full time contract unfortunately. Whilst a carefully constructed argument might cause the employer to roll over on the holiday issue, it might also cause them to swiftly curtail the extra hours which are currently being worked, or at least formalise the understanding on which they are being worked. Even if you can make a conclusive argument for C&P to apply, if the employer is adamant that they cannot or will not issue a new full time contract, they may be minded to give notice that they will revert the working hours to only 8 a week.

 

I am all for being able to assert legal rights, but the employer may inevitably find a way to make sure that they don't set a dangerous precedent!

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the hols are pretty easy, google the employment rights act and see s30

 

as far as contract i would ask but not expect anything back, a large supermarket will do everything in it's power to stop a precedence of this type. In addition by arguing there are no normal working hours (era s30) it does weaken the contract side as you would need pretty much the exact same hours EVERY week to show consistency in working hours meaning the contract had changed through C&P

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I agree

 

if the op can show working a minimum 30 hours a week contentious for the last 12 months then custom and practice may well kick in

 

be it classed as overtime or not

 

but

 

needs confirmation though

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Hi, thanks for all your replies, from what I can gather she would be on pretty shaky ground for the contract which is not so bad as I just thought I'd ask. She has a good working relationship with her manager and he does give her all the spare hours he can. He does give her 4/5 shifts a week without a conversation on a weekly basis although there have been weeks where she has only had 2 shifts and obtained her hours by covering other peoples shifts. As sidewinder said: any hours that she does over 8 on her payslip are down as overtime so I guess that avenue is shut. This is not so bad as we would rather see if she was entitled to more holiday pay which from what I can gather she can according to what atlas01 was referring to.

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