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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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lisadp1970

Sickness pay and Management issues.....

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Hi

 

 

I hope someone can offer some advise regarding the problems my husband is having with his employers at the moment.

He was signed off work by the Doc on 2nd April this year due to having Plantar Fasciitis, which my husband is claiming was caused through the many miles he has to walk on a daily basis (upto 18 a day), sometimes this had to be done in motorbike boots when he was out on the bike.

He returned to work last Friday - 30th May - on a phased return whereby he's only working half days for the next couple of weeks.

Now for the problem......

He was fully aware that the first 3 days of sick leave is unpaid, so the pay for April was no surprise when it was less than usual.

When he received his pay for May he found that was also short three days, he'd been paid exactly the same amount as for the Month of April. As he was expecting a full months pay he was rather shocked. He's questioned his manager, who by the way does anything she can to avoid answering his queries, and it turns out his sick pay entitlement is only 30 days according to his contract (he wasn't aware or made aware of this).

This still doesn't add up though for deducting money from his May pay as working back to the third day from when he went sick, which would have been from week commencing 7th April (remembering the first three days were unpaid) and going by the pay month of the 16th to 15th, he has had the total of 21 days sick up to the 15th of May so still well within his sick pay limit.

Upon returning to work he look at his Bradford factor and his manager has him down for a total of 56 days sick from 3rd April to 29th May, so basically she has just counted every single day of that time scale as a sick day! His hours of work consist of 5 days out of 7 with Sunday as off and an additional rest day. He isn't contracted to work Bank Holidays as these are used towards his holiday entitlement. We have worked out his total sick days to be 35.

Now here comes the problem.....

 

  1. Why didn't she inform him that his entitlement to sick pay was nearing an end? Was it her duty to do so?
  2. He has been asking since last Friday if his phased return to work will only be half pay, she only got back to him today to inform him it is and he can't come back full time unless his doc says so.
  3. The injury to his foot was caused through excessive walking and having to walk in Biker boots whilst doing his job so he is claiming this is a work related injury for which his company should be paying him in full for however long it takes to heal, the manager and her boss have dismissed this claim out of hand and have refused to give him a number of someone he can speak to in HR to discuss this further, surely he's entitled to speak to HR if desired?
  4. As for his pay and number of days she has worked out that he was sick to be looked into, well he's asked her by email and verbally now a number of times since last Friday and she still hasn't got back to him, apparently she's still looking into it. He asked for a number for HR again regarding this matter and again he was refused.

Surely something is going very wrong here? Any advice would be very much appreciated as this is going to cripple us financially as my husband is the only bread winner due to me being a carer for our 2 Autistic sons.

 

 

Many thanks if you got this far and any help you can offer

 

 

Lisa

Edited by honeybee13
Occupation removed.

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Hello Lisa, sorry to hear about your problems.

 

Most of the employment advisers have day jobs, but I'm sure they'll be along when they can. :)

 

I've taken out your OH's occupation, I don't think it will affect the advice.

 

HB


Illegitimi non carborundum

 

 

 

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It get's even better.....

My Husband is now on the brink of walking out of his job as his manager and her manager seem to be going out of their way to cause problems.

I collected a note for the doctor declaring my husband fit for work but with advice that it may be beneficial if he took a few extra short breaks through the day. This has been sent over to the HO a few miles away and my Husband received a call from his bosses boss stating that the doc has ticked the unfit to work box, which he hasn't, and this isn't good enough and they don't think he is fit to work. My husband has stated that he is and that with the docs note they cannot refuse him his contracted hours and that as far he's concerned his phased return to work is done.

 

 

He is intending to raise a grievance over all this against his manager and her manager, but the problem is they are still refusing to give him a number of someone in HR and as the grievance procedure is dealt with by these two people, it's obviously a pointless exercise.

 

 

Please someone offer some advice.

Thanks

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Hello there.

 

He shouldn't need to approach HR via management. Is there a company handbook or intranet site? They shouldn't be hard to find if it's a properly run company.

 

HB


Illegitimi non carborundum

 

 

 

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