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    • Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it.    These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.   I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.   They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
    • yes a judgement sorry I used the wrong word before
    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
    • I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent.   We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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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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forced to work on a self employed basis and breaks deducted from wages


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hi,

i am hoping someone can help me. I have been working as a driver for the past 9 months with the same company. Recently the boss more or less forced the drivers to work on a self employed basis, the reason given that there would be no work for any drivers working on an agency basis. like many at the moment i could not afford to not have an income. so reluctantly agreed.

Is this constructive dismissal??

 

Also they are deducting half an hours wages for breaks. regardless if taken or not. im not a commercial driver so no legislation exists on working hours. If im self employed can breaks legally be deducted.

hope someone can help!!

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Did you have an original contract, obviously going from being paid by an agency to being self employed is quite a change. How are you now getting paid ?. Normally being self employed you either use an umrella company or you have a Ltd company setup yourself, you then sort out all the tax, etc issues yourself, which canm be very benificial as you (and the employer) pay less tax however there are lots of rules about this and can be quite complex.

 

Andy

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Hi. i was employed by the agency. The people who own the agency owned the company i drive for. (tax fiddle maybe??) i worked for them for 8 months straight. Im led to beleive if you work for the same company for 13 weeks continuous. you have same rights as a direct employee. To answer your question though. I now invoice the company for hours worked each week and i am then paid fortnightly direct to my account.

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Generally though I thought if you were self employed then an agency cant pay you directly by law, that it why many 'umbrella' companies exist or you yoursel;f have to setup a limited company, whenever Ive done self employed work, they dont pay me directly, ive used umbrella company or my brothers ltd company he set up for that very reason.

 

How is the tax and NI calculated ?

 

Andy

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The agency is no longer paying me. the company i was working for via the agency is. i just invoice them. i only started self emp 2 weeks ago so i now have to pay my own ni and tax. I feel that we have been held to ransom really.

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Well..I would of thought it was a new contract really but no dont really know if they can 'finish' your old one like they did, really its as if a new contract has started, still being self employed is normally a benefit, you can pay less Tax, less Ni plus can offset expenses such as travel and food against tax.

 

Id check its legal for them to pay you directly though, I was under the impression that YOU had to set up a Ltd Company and then payments would go to that company.

 

There are rather complex IR35 rules that apply (basically to stop people using it as loophole to pay less tax).

 

You must also tell the HMRC you are self employed they then send you the info. at tax return time.

 

Being self employed can be a bit of a hassle so normally youd be paid a few quid more than you would normally (you are also saving the employer money !).

 

Andy

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You need a years service for constructive dismissal and also need to be an employee and have to resign.

 

Secondly, the agency worker regs state that you get the same rights to pay and holiday after 12 weeks but it shouldn't help you either. Also, those weeks only start running from 1st October so you havent completed them yet.

 

The agency are probably doing this to avoid the regulations (maybe fairly). do other people work there doing the same job but on better rates?

 

Further, being called self employed and invoicing doesn't make you self employed, there was an horizon or panorama show on a few weeks ago that explained this simply and very well - should be able to find it on iplayer - if you want a better explanation just ask but it ma not help with your current query.

Edited by Offkey81
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