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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
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    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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  
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Problems with commission structure


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Hi all,

 

I am new to this wonderful forum, and could really use some assistance please.

 

Nearly 7 months ago I started working for a very small company. At the time of the interview I was advised that after completing 6 months I could expect a commission structure on top of my basic salary. I work in a technical sales role.

 

Having a background in sales I have performed very well since joining the company, and by a long chalk am performing much better than my colleagues. As you might expect, when my first six months were completed I was keen to understand what my commission structure would be and what rewards I could look forward to.

 

At the start of my seventh month I was waiting for my boss to raise the subject, but he didn't so I decided I would. He said in response "yes we did agree a commission arrangement - leave it with me and I'll come back to you." So, I left it a week which I thought was a reasonable amount of time and asked again.

 

This time his response was to promise to do it on the weekend. The weekend came and went and I waited alk of Monday for him to discuss the matter but nothing. I asked again at the end of the day and this time just got a snotty response. He said "why do you want to know, you're not depending on it for a mortgage or anything are you?"

 

Since this time another week has passed and still nothing! Technically,I am not due any commission yet, however, I still think that I have a right to know what my commission structure is. I am quickly starting to think that despite being acknowledged in my contract of employment, this commission structure is mythical.

 

Really, my boss has lied to me and broken promises. My motivation to do any more than average has been battered. Quite frankly, I am thinking that the best thing for me to do would start looking for an alternative role with a company that would actually pay a commission.

 

Do you all think I'm overeacting or am I right in thinking I'm being taken for a mug?

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commission is part of employment contract, whether written or implied so you are entitled to it. Have you spoken to anyone else or read any details? If you leave you will be entitled to any commission due-decided by ET so can give details if it comes to being that bad.

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Hi everyone, thank you for your responses! I meant to add to my last post; the subject of my commission was originally on my boss' to do list for a couple of days after I first asked, but it has absent ever since. My thinking is that I am certainly not going to sell anymore than my basic target. Keeping your sales team motivated should be a priority..... Otherwise, surely they will leave taking their income potential with them?! When I leave I will be doing so for the reason that my employer has breached my contract of employment. Are there any grounds for taking legal action against my employer? I don't care about compensation or anything like that, I just want to use the law to make him realise that it is very wrong to lie and cheat people and that there are consequences for doing so. Fundamentally, I want to stop this happening to anyone else!

 

Thanks everyone

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Hi Magicmikey

 

Your clearly not happy about the commission situation. You'll need to show a Tribunal that you tried to resolve the issue with your employer. You've raised the matter informally by mentioning the commission to your manager, but he just stonewalls you then forgets. You could now raise a Formal Grievance. Send him your Grievance Recorded Delivery, send a copy to HR.

 

https://www.gov.uk/solve-workplace-dispute/formal-procedures

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I can't see a legal case unless you have something in writing saying commission will be factored in after the initial period. Even then a derisory 1p per sale would cover that off.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi all, just to clarify it is in my contract of employment that I can expect a commission structure after 6 months. I have also seen evidence that my colleague who has been with the company much longer than I gets commission. I have also been told by my manager in percentage terms what extra my colleague has earned in commission.

 

I think that the problem is the amount of sales that I am generating. Personally I think I would be best off seeking employment with a more genuine employer who is happy to honour his employment contract, and who is prepared to reward a good sales person. All of this aside, I am never going to have a good working relationship with someone who lies to me and is untrustworthy.

 

Thanks everyone.

 

Btw, Emmzzi you and I are thinking along the same lines about the 1p commission.

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I'd certainly be leaving, and I'd make sure commission arrangements were in writing in my next role.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I take on board the advice thank you Emmzzi :-) I am quite young still so will chalk this up to experience, get enthusiastic about looking for a new role and will certainly learn a lessons for next time.

 

Thank you

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I hope I'm wrong and the boss comes good in the next few weeks! Never worth a big argument though - he'll either fix it or he wont..!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I think seven months is long enough. Surely they have a commission structure in place already for your colleagues?

 

There is nothing wrong with politely showing the boss what is written about commission in the employment contract and telling him that you will search for alternative employment if a reasonable commission structure is not provided.

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Hi Steampowered,

 

Thank you for your input on this :-)

 

The arrangement was that the commission structure would commence at six completed months of employment. Technically, he has already had six months of free sales! There is only one other employee working in the same area of the business, but as you say, he is already on a commission structure. It has now been a month since I shouldhave known what my commission structure would be and all I have had is excuses.

 

If it were my business, I would want to make sure that I maintained the motivationof my sales team. I think what annoys me about all of this is that I have put in so much effort to learn as much as possible, as quickly as possible and I have been treated in this way. I also feel that because I have nowbeen lied to several times about this, it has caused an irreversible break down in trust. Because of this I sincerely believe that I am best off finding a new job where my performance will be valued, and chalking this up to experience!

 

Thank you :-)

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Hello there.

 

Sadly, I think you could be right about moving on. It can't be difficult to put you on the same commission structure as your colleague, so it's hard to see what would delay this apart from unwillingness to part with money.

 

HB

Illegitimi non carborundum

 

 

 

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Thank you honneybee13,

 

In all honesty I find the whole situation bizarre.

 

My profit generated is more than my boss and my colleague put together. I am always on time, dress well, never have any sick days. I can't understand what I have done wrong. Maybe he is unhappy that I would earn more than him, maybe I am too ambitious - I just don't know :\ Fortunately, I am not without offers of employment.

 

I just comfort myself with the thought that what goes around comes back around. It is a shame, because when I go I will take all my knowledge, sales ability etc with me. What is more confusing is that it has surely cost the business to train me etc, and it will cost to train my replacement - all very weird!!!!!!

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Don't take it personally. Employers will generally pay the least they can get away with because that is how a free market works. As the boss it may be money coming out of his pocket so if he thinks he can get away delaying commission he will do so. Perhaps if he knows you are searching for other jobs that will encourage him to get a move on.

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