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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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      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.
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Company fuel card issues


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I was just wondering where I stand on this. The company has changed the rules on fuel cards and have given us a cut off date for inputting our mileage otherwise they will bill us for the whole amount (which we claim back later on when we get time) which can be a fortune as we are field engineers and quite often drive 3000 miles+ a month. The issue is that before, we used to fill in a form which we signed agreeing to the fact that we had done say, 123 private miles in a month and they would bill us accordingly and it would be taken from our salary. The trouble is now, they can take the whole amount which could be in the hundreds leaving us out of pocket and unable to pay for example the mortgage at the beginning of the month and thus losing the house because thay are with holding mooney that is rightfully ours. We quite often are unable to log on and input mileage as we are out in the field and the intranet is shocking plus surely they cany hold our salary back!!

 

I believe this to be a massive change in my Ts & Cs and could lead to financial problems, and we have not signed anything to agree with it.. I hope some one can advise..

 

Regards, Desperate Rich.

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How long are they giving you to record the mileage?

 

As they aren't changing the financial terms, it sounds like you shouldn't have any problem as long as you're organised! The only problem would be if they delayed the correct payment or didn't give you adequate time to claim.

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We have to submit the week before pay day. This is not a problem if you are sitting in front of your computer in the office everyday, but we are often out for weeks at a time and where as we used to sign a form and mail it in and the bill was worked out and we agreed it by signing it, now we have to log on to the company site and input the information on a system which is not very reliable. The issue is not paying the private mileage, its the fact they could take maybe up to £400+ out of my salary at the beginning of the month if I miss the cut off, thus making me default on bills etc, when most of that money (bar the private mileage) is legally mine.Plus why are they taking it off my salary when it comes off a fuel card.. It just seems big firms are trying to get one over on you when you spend your life on the motorways for them..

 

Becky, they are changing the financial terms massively because they can take the whole bill out of your salary, until you prove the miles were not just private miles. and we have to be very organised, trust me.

 

Cheers..

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Becky, the details have been removed from the companies intra web, and there is nothing in our contracts as they were given to us at a later date as we were paying by our own credit cards and claiming it back, it was getting too expensive so we were issued with fuel cards/

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I have asked for assistance here, NOT what you do in your company.. I assume none of you are in the legal proffession and are just putting in what you THINK is correct.. Are they allowed to just change the way they do it not... I have been led to believe NO they cant but would like someone with a bit of knowledge to reply..

 

Rich..

 

By the way you cant put the claim when you havent done the miles!!!!!!!! ie two weeks earlier.

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I have asked for assistance here, NOT what you do in your company.. I assume none of you are in the legal proffession and are just putting in what you THINK is correct.. Are they allowed to just change the way they do it not... I have been led to believe NO they cant but would like someone with a bit of knowledge to reply..

 

Rich..

 

By the way you cant put the claim when you havent done the miles!!!!!!!! ie two weeks earlier.

 

I don't think an aggressive rant is going to help you. Nor will it now make anyone else want to help - being rude isn't going to get you anywhere!

 

I do work in a relevant field, by the way. The forum is also full of HR professionals and trade union reps. You come to a forum, you're going to have people give their opinions - what else did you expect?

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I don't think an aggressive rant is going to help you. Nor will it now make anyone else want to help - being rude isn't going to get you anywhere!

 

 

Have to agree - you asked for opinions, and these are often formed on the basis of what appears to be 'normal' practice - it is a little unfair to cast aspersions about the qualification or otherwise of people who offer help, even if this is limited to their own situation. Appreciate the fact that this could potentially leave you out of pocket, but the legal position is that the employer CAN change policy - and you CAN question the fairness of them doing so on the grounds that you have outlined. If there is an official written policy, then it makes it harder for them to move the goalposts, but not impossible. They would need to consult, and a part of that consultation would be the objection on the grounds of limited access to the internet and discussions as to how that may be overcome.

 

Ask about the company's grievance procedure, and use it to challenge what they are proposing to do, giving real life examples of occasions where this would fall foul of any change in policy.

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Well thats better, and sorry, didnt mean to upset people...

 

And I will look at the gievance policy... Which should be interesting considering we have no HR anymore locally, it is all based in India.. I will question the fairness of it as some people do up to 2k a week while chasing ambulances for repairs to radios, it was never an issue before and some of the guys dont earn very much at all and really cant afford to even risk that amount of money being withheld.. I am still absolutely amazed they can withhold your salary.. Time for a new job I think...

Many thanks..

 

Great forum by the way

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The other angle to look at is that Section 13 of the Employment Rights Act offers considerable protection from Unlawful Deductions. Unless by statute (tax, national insurance) or a court ordered deduction (attachment order) etc, the employer may only deduct money which you have agreed to as part of your contract, or by other written agreement.

 

Therefore - if your contract (or any associated employee handbook, public notice etc) makes no mention of fuel card purchases being clawed back from salary, and you have not subsequently agreed to this, then any deduction is quite possibly unlawful. Always a good one to throw to an employer trying to take money from wages as they know that to defend a Tribunal action will cost them - hugely!

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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