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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • 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  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Employer issues


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Hello. I need some advice please.

 

 

I have been working for the last fifteen years for a "charity". My boss registered herself as the charity rather than the business....I think to do with tax etc. Anyway, over my time as an administrator there I have been given more & more work with expectation that I am available all of the time. I used to get paid an hourly rate and submit a time sheet each month but this was changed three years ago to a minimal fixed amount each month and then twice a year in June & December I had to submit a timesheet for any excess....but this is always queried and payment always begrudged. I only earn £300 per month so we are not talking megabucks.....but I am fed up with being expected to be available 24 hours a day, 7 days a week, 52 weeks a year.

 

 

Whenever something needs doing it becomes my job. I feel like an octopus sometimes!

 

 

Just before Christmas it was demanded that I worked Christmas week doing something that could have waited. The boss doesn't work Christmas week and nor does anyone else - just that the expectation was for me to do it and this is the third year this has happened....but this time I refused. She nearly blew a gasket!!

 

 

I heard from a colleague that the boss was raging about me and I have been summoned for a meeting this week....I think my days are numbered as she does not like people saying no to her.

 

 

My query really is to find out where I stand legally? My job does not have a contract...it has always been by verbal agreement. Originally it was voluntary but as the workload increased I began being paid. The office is my home....and everything for the business is stored at my home/garage/shed etc. All of this has been done free of any charge.

 

 

If I do suddenly get the sack as I suspect is going to happen....what can I do about it if anything?

 

 

Many thanks.

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Hello there.

 

I hope the employment guys will be able to help you because I can't help thinking that this doesn't sound fair. The way you tell it, it sounds as if the boss has taken advantage of your good nature.

 

Let's see what the guys think, they should be along later.

 

HB

Illegitimi non carborundum

 

 

 

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I am confused. A person cannot be a charity; a charity is a separate legal entity.

 

I would check out guidelines about disciplinaries and dismissals on the ACAS website; proper procedure should be followed.

 

What do you want the outcome to be?

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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As a side note

 

Even if the business is a registered charity when it comes to employment all the regulations regarding employees are the same.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The business is not a registered charity. You will find that if you work in mission you are able to register as a charitable person and receive income for financial support. It works under the same principle as churches but a person/individual; so yes, a person can be registered.

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the charities act says institutions. I can see an institution being registered to support a mission or individual. I'm cofused about how you would be your own trustees otherwise...

 

http://www.legislation.gov.uk/ukpga/2011/25

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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There are no trustees. Stewardship provides charity accounts for both institutions and individuals......the accounts are designed so that people working in mission can receive financial support. It does not work in the same way you are assuming it does and is not covered by government legislation in the same way either.

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You could bring a claim for unfair dismissal if the correct procedure was not followed, or if the dismissal was not justified. I can't really see a basis for suddenly getting the sack. Although to be fair given your salary you wouldn't get much compensation and depending on your attitude it might not be worth the hassle.

 

Beyond that, you basically have three options. The first option is to suck it up. The second option is to be more steadfast in refusing to be available outside working hours and making sure you submit accurate timesheets for that time. I don't think its reasonable to expect around-the-clock availability for 300 a month so you need to make it clear to your boss what the boundaries are and what working arrangements are acceptable. The third option is to resign and search for another job.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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ok. I am still not sure what outcome you are looking for?

 

Can you provide a weblink to information on stewardship? You need to determine what kind of entity your employer is, I am still vague on that and wthout a written contract it's hard to know. Who is on your payslips?

 

The only info I can find is this, which suggest she'd be a recipient of charity funds, not a charity herself.

 

http://www.stewardship.org.uk/receive-funds/eligibility

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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Thanks for all the replies.

 

 

Emmzzi......I appreciate people's help but I am not sure why your entire focus is on the charity aspect rather than the fact that I might lose my job and where I stand.....so I think I have answered as much as I can and do not see any further mileage in continually going backwards and forwards with this.

 

 

I will wait and see what happens and then see where I need to go for advice. Thanks to all.

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My only concern would be what your employment status is - you have to be an employee to claim unfair dismissal. It sounds like you're lacking the mutuality of obligation element, though - which would point more towards worker status.

 

Either way you're entitled to receive at least the national minimum wage (unless you're self employed) - it would probably be more helpful for you to speak to a lawyer!

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My other focus is finding out what your preferred outcome is, which you haven't answered. They sound like a terrible employer, so I don't know if you want to keep your job and be treated better, or leave with maxium amount of money, etc.

 

The probability of either outcome is affected by who your actual employer is. Organisation end to have more rsources to help than individuals. So the employer name on your payslip, matters!

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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you dont need a written contract for a contract to exist but you should have received something in the way of terms and conditions of service etc. Not to provide them is an offence.

As Emmzzi asks, do you really want all of this trouble for such a a small and begrudged return? I would be looking at going somewhere else but personally would go out with a bang and demad to know why no employemnt conditionas after a month there, why you are being paid less then the minimum wage aand also enquire about your registration with the DWP and HMRC ans an employee so things like p60's would be needed each year are you getting them? If not them dob in to DWP, Charities Commission etc.

You obviously have transferrable skills, take them to someone who appreciates them (and you )

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