Jump to content


  • Tweets

  • Posts

    • The payment they are talking about is the dd they set up on my account without my knowledge in march 2014 not 2015 !      
    • A new package to help people with rising energy bills will be funded by a windfall tax on energy firms.View the full article
    • So Johnson is moving on from partygate and feels he should deal with issues the country is facing, rather than resign for the culture in No10 or misleading the commons.   The Good Law Project has issued a legal letter threatening court action unless the Met investigates 'The Three Gatherings' or explains why it doesn't think it should investigate the PM's participation in them.   The law must apply fairly to all - Good Law Project GOODLAWPROJECT.ORG The Metropolitan Police investigated the various gatherings – we use a neutral expression – around 10 Downing Street during the pandemic...  
    • Having reviewed my previous response, whilst the overall position remains the same, where I referred to a Default, this should have referred to the full amount falling due for payment/the demand for full payment.  I apologise for any confusion that this may have caused and have amended my explanation below to replace any reference to the Default Notice.   Our client’s records show that the last deferment date was the 24 April 2011. Once deferment ends, the agreement takes effect in accordance with the terms thereof – i.e. the monthly payments fall due.   The relevant limitation period in respect of this type of agreement is 6 years, pursuant to section 5 of the Limitation Act 1980 (‘the act’).  In respect of this type of agreement, limitation starts to accrue when the full amount owing falls due for payment, as the creditor does not have a cause of action to bring proceedings for the full amount of the claim until that time.  The full amount owing under the agreement becomes due (and the cause of action accrues) in one of two ways, namely:   1.    If the customer fails to make required payments, the creditor can serve a Default Notice pursuant to section 87 of the Consumer Credit Act 1974.  In the event that the customer does not pay the arrears in accordance with the Default Notice, the creditor can terminate the agreement.  Limitation then starts to accrue from that date; or 2.    If the agreement is not terminated due to failure to comply with a Default Notice, the full amount falls due for payment when the full term of the agreement expires.  Limitation then starts to accrue from that date.   In this case, the agreement was not terminated under the terms of a Default Notice.  The cause of action and hence, the limitation period therefore, started to accrue from the date when the term of the agreement expired.  This was a 60 month agreement.  When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016, which is when the relevant limitation period therefore, started to accrue.  Limitation would not therefore, have expired until March 2022.  As you are aware however, proceedings were issued against you in June 2019 – i.e. comfortably within the relevant limitation period.   Further to the above, even if limitation did not start to run from the date specified above (which it did) and actually started to run from the date of last deferment in 2011 as you incorrectly allege, you did make some payments in respect of the debt, the most recent of which was on the 28 March 2015 in the amount of £90.73, which was paid to Capita under a direct debit.  Pursuant to section 29(5) of the act, the relevant limitation period accrues afresh upon each part payment.  In view of that payment, even if your view of when limitation initially started to accrue was correct (which it is not), it would have accrued afresh based upon the payment and would not therefore, have expired until March 2021.  Again, as proceedings were issued in June 2019, this was comfortably within limitation.   The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Final Demand being produced on the 12 January 2017 and issued to you on the 14 January 2017 and it ultimately, becoming necessary for our client to then issue proceedings against you due to non-payment.   As such, whilst I apologise if you feel that our client deliberately delayed the cause of action in order to prolong the limitation period, I assure you that is not the case. As set out above, as the agreement was not terminated under the terms of a Default Notice, Erudio were contractually obligated to allow a 60 month period between the last deferment date and the account maturity date.  They then acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Demand in Full was issued.    I have also had sight of an email that you sent to my colleague, Richard Senior in which you requested us to confirm that we have complied with FCA regulation. Having reviewed the matter, I am satisfied that throughout our instruction we have acted in accordance with the relevant FCA regulation.
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this 'clone firm'.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2132 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Until such time as UK employment law changes, the EU Work Time Directive is still in force. This limits you to working 48 hours per week (except for certain occupations) unless you have agreed to an opt-out. In addition, if this "overtime" is not being paid for, you need to check to see if the extra hours would take you below the NMW.

 

For more information on the EU.WTD, see: https://www.gov.uk/maximum-weekly-working-hours/overview

For enforcement, contact the HSE: http://www.hse.gov.uk/contact/faqs/workingtimedirective.htm

 

One question: Are you in a union ?

 

I work as a 2 man crew and im pretty certain the 14 hour days has fallen below minimum wage for the hours we have been doing, im a on a pay per job contract and averaging £100 a day its easy money and its little things like traveling between jobs stupid distances which is keeping me and my collegue out until late

 

I dont even want to work over time and hate it how this man expects me to put this job before my family it wont happen he claims i opted out of the 48 hour week but cannot remember signing it for this company so we will see if he recovers this document

Link to post
Share on other sites

Even IF you signed an agreement to opt out of the Working Time Regulations, any employee can opt back in simply by stating in writing that they no longer wish to work more than 48 hours a week. You only need to give a week's notice or a period of notice of up to three months if this clause was in your original agreement to opt out.

 

The employer cannot dismiss you or treat you unfavourably if you exercise this right.

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

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

Need some help writing a letter to my employer regarding the 48 hour working limit they have claimed i opted out of the 48 hour week therefore i should remain doing stupid hours per day which i no longer wish to do, So if i have opted out of the 48 hour week i wish to opt back in as ive seriously had enough.

 

They are also now threatning us with a straight written warning if i dont turn in for monday overtime even though i told him 6 weeks ago i cant do it due to school holidays and after 5 weeks they still have not sorted my £200 wage query they owe me.

 

Id be grateful if someone could help me with a template to give to them

 

Few Questions

 

Can they refuse to let me opt back in to it

 

Can they sack me if i refuse to work after 6pm and how long do i have to wait until i can clock off after 48 hours

 

Can they disapline me for not working overtime as i cant afford another day of childcare and they also owe me money so theres another reason why im refusing

Link to post
Share on other sites

Your original opt-out could only have been in writing so the employer should be able to produce it, and this may be necessary if there is an agreed notice period for you to opt back in.

 

If the opt-out cannot be produced however then you need to give 7 days notice in writing - and a simple few lines is all that is required

Dear Sir,

 

In line with my rights under the Working Time Regulations (1998), please accept this letter as being the required seven day notice period required for me to opt back into the 48 hour maximum working week

 

I would be grateful if you could advise me as soon as possible of any change to my shifts which will be required to ensure that my working hours are kept to my contracted hours only

 

Yours faithfully

 

 

Anything along those lines would suffice

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

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...