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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fixed term contract problems


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Well I can see that you were summarily dismissed before the end of the contract and as such it was a pos breach of contract and you should be paid until the end of it. But even though you were a permanent member of staff it was for a fixed term therefore the option was always not to extend your contract and so I cannot see how you can make a claim based on being out of work for 2 months (after the time of the fixed term contract would have ended) or the fact that you earning less money.

I would assume that the reason the temp is still there is that they only need to be there while the work is there and it is far easier for an employer to stop employing a temp when they dont need them.

I cant predict what the ET will do but I assume they will make an award for the dismissal procedures not being followed correctly but I cant see where else you would be able to claim compensation, as you are in no worse aposition now than you would have been had the company followed the correct proceedure in ending your contract.

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I don't follow your reasoning, ending a fixed term contract is still a dismissal in law and you have the right to not be unfairly dismissed. If the work was still there (which it clearly is as the temp is still there several months later) then there was no reason not to extend or renew my contract. If it is 'easier for an employer to stop employing a temp' then why didn't they do so and not dismiss me in the first place! When I queried this with my employer at the time they said the temp would be going in a week or two anyway, which was clearly a lie. They also failed to give me a written statement of reasons for my dismissal. On the direct gov website it also states: 'You are also protected from being selected for redundancy because you are a fixed-term employee, unless your employer can 'objectively justify' the choice.' This clearly didn't happen.

 

I believe I have a very strong case and I'm going to propose a counter offer that reflects this. The fact they've made an offer at the grievance stage and another offer now show they think I have a case.

 

R

Edited by recompense41
typo
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I have no idea, but you can't claim standard unfair dismissal so perhaps they're settling on a commercial basis, i.e. the duration of the contract plus part of their legal fees. You'd also get a basic award.

 

From what you've said, it sounds like you've been offered a good deal and you'd be mad not to take it. You could well end up with a costs award against you if you refuse a reasonable offer and are awarded less at a remedies hearing, should the respondent choose to apply for costs (if they are legally represented).

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Do what you feel is best, but ET's are there not just there to give you mega bucks, I really think you are missing my point, it may not be a legal point but it is a common sense one. You had a 1 yr fixed term contract, you accepted it so you knew that it could end at the end of 1 year, it did, it may not have been handled correctly (co's mistake) but they are addressing this and making you an offer which seems quite generous, an ET will not recompense you for the fact that your new job pays less than the old one. The ET may also make an award for less than you have been offered and you will have costs to consider.

At the end of the day it is up to the employer if he extends a fixed term contract or continues to employ a temp, it is his business and he can to a certain extent employ who he wants, as for being treated less favourably than the temp I cant see it, the temp still has a job but a temp job where they could be finished at any time, your fixed term contract has ended, you were only a permanent employee for the duration of it, 1 year.

For whatever reason your ex employer didnt want to retain you after 1 year whether or not there was work there or not, it could be that they didnt want to go over the year as it gives the employee more rights, it may be that they just prefered the temps personality to yours I dont know but it is their decision.

Look at it like this you were given notice that your contract would not be extended so you were going in a month anyway, if your employer had just let that run then you wouldnt be able to claim anything !

Edited by assisted blonde

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I'm not prepared to continue arguing this. I'm not out for mega bucks as you put it, just justice. They didn't let it run, they treated me unfairly, I raised an appeal as a result of which they dismissed me instantly, hence I have a claim for automatic unfair dismissal. End of discussion. If you can't be constructive don't post!

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Actually I thought I was being constructive, just because it isnt what you want to hear dont get stroppy. As a Law graduate I am expected to see all sides of an argument not just one and that is what I was trying to do, as I really cant see what you are hoping for, this is a forum for discussions as well as opinions and sometimes a point is raised that makes you look at a situation in a different way.

Could I suggest that it may be your attitude that made the employer decide to not extend your contract?

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I am not getting stroppy, just stating my point. First you insinuate I am out for mega bucks and then you cast aspersions on my character. I would appreciate an apology.

Edited by recompense41
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I'm not prepared to continue arguing this. I'm not out for mega bucks as you put it, just justice. They didn't let it run, they treated me unfairly, I raised an appeal as a result of which they dismissed me instantly, hence I have a claim for automatic unfair dismissal. End of discussion. If you can't be constructive don't post!

 

No, you don't have a claim for automatically unfair dismissal. That's a separate point of law.

 

I think you're also blurring the lines here between "unfair" and " unlawful" treatment.

 

I think Assisted Blonde has been constructive, and helpful, on this thread. The fact that you don't like what has been posted doesn't alter the fact that the law doesn't work to your advantage in this situation.

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We'll have to agree to disagree. I'm perfectly happy for people to disagree and offer alternative points of view in a constructive manner, but I am not happy with assisted blonde casting aspersions on my character. It is totally uncalled for. I had very good appraisals while at the company including comments on how I got on well with the team. I also do not like the insinuation that I'm out for mega bucks. Someone with legal training I would have thought would stick to the facts.

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Justice. A reasonable settlement from my former employer, so that a line can be drawn under it and I can move on. It's not just about money either; the company needs to realise they cannot treat employees in such a shoddy manner. I would hope the outcome is they improve in their dealings with current and future employees.

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ET's are not just there to give someone mega bucks (no insinuation just a general comment) as for stroppy if "you cant be constructive dont post,! sorry if you dont like the word stroppy,

As for my comment about it may be your attitude I will retract that and say" maybe they just dont like you and would prefer to employ someone" else is that better?

I believe that the courts ET's etc are there to help the vulnerable and those who have been badly treated and that there are too many people these days who take litigation as the first option rather than the last.

if more people compramised, discussed etc without going to the Law it would enable those who have no other option to recieve a faster and in my opinion better service.

I will support anyone who has a good case I just dont think you have, you have been offered a payment that would appear to recompense you up until the end of your contract so taking it to an ET would suggest that you are hoping for more.

It could well be decided that as your ex employer did wrong but have offered to recompense you for their mistake there is not a lot more the ET can do, if they rule that the employer was wrong so what, if that is their way of doing business it wont change that, and if they mishandled the situation in your case and have realised it then they may not do it in the future to anyone else, an ET ruling is unlikly to influence either way.

I fail to see just what this is about if it isnt about trying to get more money out of them.

As you do seem to mention earning 3k less in your new job quite a bit and I really dont think an ET would consider that a reason for a larger offer.

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I haven't taken this action lightly. I tried to reach a settlement with them through the normal grievance procedure first. I have been polite and cooperative with them in negotiations but I will pursue it until I feel I have achieved justice. I would hope that an agreement can be reached wihout it proceeding to a hearing.

 

if the claim is limited to the expiry of the fixed term contract what about other fixed term cases, for example

Lancaster University was ordered to pay 60 days' salary to a group of up to 30 employees whose fixed-term contracts were not renewed, after an employment tribunal said that this amounted to dismissal.

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The facts in that case were substantially different. The 60 days pay was punitive damages in the form of a protective award for not consulting with its staff over the requisite period required when an employer makes 20 or more employees redundant in a period under 90 days. That's not compensation which is open to you.

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It states on several employment sites: 'Where a member of fixed-term staff is dismissed because the requirements for employees to carry out work of a particular kind have ceased or diminished then the dismissal will be for reason of redundancy.' You could argue those employees at the university weren't made redundant; their fixed term contracts were not renewed.

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