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    • Update on this for you:   Quick reminder, I wrote to Ford Finance for the SAR, and I also wrote to Link (again) requesting a breakdown of the alleged debt and how it was calculated. I have since had two identical letters from Link at the beginning of October just saying I owe them £628.83, but nothing addressing the alleged debt calculation/explanation whatsoever.   At the same time as the above letters, I also contacted Experian to refute the default on my credit record that Link had placed there. Experian have emailed to say they contacted Link and have had no response from them within 28 days regarding this, so Experian have suppressed this information from my report.   The SAR reply from Ford Finance has arrived. The £628.83 charge shows on the SAR comprising as "£14.99 D/Charge" (whatever that is), and "XS mileage £612.84", apparently worked out pro-rata.   As ever, any advice or comments most gratefully received as to how to proceed.   Thanks.    
    • Ok, so I would just ignore demands from ARC for now.   See what they do over the next few weeks and keep us posted ...........
    • click create in the top red banner   dx  
    • ok but that doesn't give us dates.....  
    • DD cancelled roughly a month after they stopped taking payment. Last used the gym a day before they closed. Used it almost daily. 
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
      We had a 10yr  finance contract for a boiler fitted July 2015.
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
      You only have to look at TrustPilot to get an idea of what this company is like.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi Guys,


I have a problem and was wondering if anybody can help me.


I am being transfered to another employer under TUPE regulations on the 1st October 2014. My present employer (Company A) has advised us that we receive our final payment from them on the 30th September this will consist of our salary for September, shift allowance for the period 9/8/14 to 5/9/14 as we are night workers. In addition to this Company A are paying us for shift allowance from 6/9/14 to 30/9/14 and our bonus payments for July August and September. They are also advising that they will be deducting any holidays which we may have overtaken as we are leaving the company 9 months into a leave year. I am in the situation where I have taken my full entitlement for the year which consists of 28 days holiday plus 8 bank holidays plus 2 additional days which I have been given for length of service. This means that the company want to make a deduction from my final salary of 1/4 of my leave for the year which equates to 71.25 hours which would be in excess of £600. Company B is different in the way it works out pay so we will be paid our salary and then shift allowance is paid in arrears, therefore my 1st salary from Company B will be on the 28th October and will be just standard salary and shift allowance would start again from 28th November.


My problem is that I took my leave in the early part of the year due to being a small team we can only have 1 person on leave at a time so we plan our leave well in advance so we know when we can take 2 weeks holidays etc. I have no choice in the transfer to Company B and took my leave based on the fact I would be working for the full 12 month period as I have done for the last 4 years. The company now want to make the deduction as a lump sum from my final pay of over £600 which will put me in a very bad financial situation as i have budgeted for bills etc. Normal situations I would expect my normal salary/shift allowance to be paid 30th Sept and then the remaining shift allowance bonus payments and the leave deductions on the 31st October according to the direct.gov website "If a worker has taken more leave than they’re entitled to, their employer must not take money from their final pay unless it’s been agreed beforehand in writing. The rules in this situation should be outlined in the employment contract, company handbook or intranet site."


Sorry to waffle on but my question is " Can I do anything regarding this situation as I think it is unfair to make this deduction as I have no choice in the Tupe transfer and have budgeted for 12 months.

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The only time that a deduction for overtaken holidays can lawfully be made is when the employment terminates.

See s.14 of the Working Time Regulations 1998 below, particularly 14(4).



Your employment will not terminate when the transfer takes effect - it will continue.

That's the single most important purpose of TUPE.

So, as far as your holidays are concerned it should be same as if your present employer had just changed the name of the the Company.

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Thanks for your reply, In my situation Company A is saying that effectivly we are ending our employment and are processed as leavers and therefore the leave is calculated pro rata. My leave for the year is 285 hours so i will have to pay back 71.25 hours, when I start at Company B I will then be given a pro rata amount of leave to cover the period 1st October to the 30th November as Company B's leave runs from 1st December to 30 November. Is there anything we can do in relation to this as I have taken my leave based on my needs and I dont require any leave in October or November. The situation is made more complex as we are being Tupe'd over to Company B from Company A but we were originally Tupe'd from Company B to Company A back in 2010. (Basically we were outsourced and are now returning back in house.) So therefore I am still working under Company B's original terms and conditions which were kept as part of the Tupe back in 2010. On company B's terms and conditions there is no mention of having to pay back any leave that has been overtaken if you leave the company. On company A's terms and conditions it says that any overtaken leave will be taken back in final salary. So which would apply to me? I assume that because my contract and leave etc was transfered with me to Company A, i should not have to make this payment.

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They are wrong. A TUPE transfer does not terminate the employment (effectively or otherwise).

See TUPE 4(1) below;




It's a transfer. At no point does your employment end, it just continues with Company B as if they'd employed you all along.


It doesn't matter which terms apply to you. Company A can only deduct the £600 when your employment ends.

They can't terminate your employment because they want to deduct payment for the overtaken holiday. That would be automatic unfair dismissal.

This *effectively ending your employment* business is nonsense and they should know it.

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Thanks mariefab you have been a great help.


I will be ringing ACAS on monday as I have a feeling that this will be deducted at the end of the month and the payroll cut off dates are fast approaching.

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Another quick one...


When we were originally transfer from Company B to Company A we did so in July 2010 so what company A did was gave us an additional 1 months pro rata to cover the additional month as our new allocation would not start till Jan 1st. I therefore think that when we are transfered back to Company B anybody who has used all the annual leave allocation should then start on Company B's new allocation on the 1st December and work the opposite by only deducting 1 month pro rata instead.

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That's what I would expect too.


A suggestion for the current issue...

You could print copies of:

WTR 14(4)


TUPE 4(1)


TUPE 7(1)



Add a note stating that you believe that deducting £600 for overtaken holiday would be unlawful because your employment is not terminating.

Present it to your employer.


But, it's up to you how you handle this. You know your employer, I don't. If you think they are just unaware of the legislation; showing it to them might speed things up.


The ACAS helpline advice can be a bit hit and miss, so come back if you have any concerns.

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Again thanks for your advice really appreciated. :) To be honest the whole process has been a nightmare. I have previously had to make formal grievances to policy changes and issues we have had in the past with company A. I will be making our TUPE rep aware of what you have advised so we can get this issue resolved.

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