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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 161 replies
    • 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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Overseas Role with UK Company. No Annual leave. Is this contract legal?


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Hi There,

 

I recently accepted a role for a large travel company working abroad (in Turkey). Staff are put on temporary short-term contracts with wages to a UK bank account. My main concern is the contract and the right to annual leave. As far as I am aware, UK employment law still applies as it is a temporary contract based overseas.

 

In the contract, it says employees work 6 days a week and all employees must take half a days annual leave each week. As a result, all employees essentially work 5 and a half days a week. My question was whether or not this was legal, and if so, why don't all companies do this if they don't fancy paying staff annual leave? It all seems a bit underhand and I am wondering if it is worth challenging either before or after I finish work with the company.

 

I am also concerned about the contract including an opt-out for the 48 hour a week, considering the wage is a few hundred short of £1000 a month. However, accommodation is included. With this in mind, I assume minimum wage obligations are being met by the company? I work it out as £3.50 an hour (exc. free accommodation).

 

Here is a selection of text that I am concerned about. Any advice is much appreciated.

 

 

No Overtime

"Your salary will be paid by equal monthly instalments in arrears less any deductions required by law or agreed between you and the Company. No overtime payments will be made for additional hours worked."

 

Training Costs

"You are obliged to pay a fixed amount of £300 or consent to allowing the Company to offset this amount against your final salary, as a contribution towards trainings costs incurred if:

"The Company dismisses you for poor performance or unacceptable behaviour within your first assignment period.

 

Should your final salary not cover the full amount of the training costs incurred by the Company, the Company will endeavour to recover the outstanding amount from you."

 

Taking Annual Leave

You will generally be required to take 1⁄2 day annual leave per week during your period of employment. Prior to booking any additional annual leave, you should discuss and agree the dates with your Manager. If you do not use your holiday entitlement in the relevant holiday year, the entitlement will be forfeited except in exceptional circumstances where the Company agrees in advance to the carrying over of holiday. Payment in lieu of any annual leave will only be made when you leave the Company. (For the avoidance of doubt, you will not be entitled to any payment in lieu of the entitlement in any other circumstances).

 

 

 

 

Any thoughts or legal opinions shall be much appreciated.

 

:)

 

AnonLurker

Edited by anonlurker123
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What does the contract say the employers registered office is?

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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Registered in the United Kingdom.

 

Jurisdiction

Your contract shall be governed by and interpreted in accordance with English Law. The parties hereby submit to the exclusive jurisdiction of the English courts

 

 

In addition to the above, there is also the following I am concerned about.

 

Leaver fee

At commencement of each summer assignment with the Company, you will be financially bonded as security, against the event that your employment is terminated by reason of your resignation or dismissal prior to the end of the assignment. A payment of 25% of your first full months salary will be deducted against costs incurred in relation to administration and travel in this event.

 

So if you do not complete the full contract, they want to charge £300 for the training costs + 25% of the first months salary.

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I can well imagine it's the kind of job that peopel leave early as it's much harder work than it looks on the telly... and the reps can be young and overly drunk... and having got a cheap flight out and somewhere to stay in a nice warm place.... I can think of a dozen reasons to dismiss for gross misconduct without trying...I think it's all ok. but it is tough, badly paid hard work.Check the leave stuff here.https://www.gov.uk/holiday-entitlement-rights/entitlement

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 the reply.

 

Its not a rep role as such. More office based.

 

I have looked at the holiday entitlement .gov webpage and I am remain uncertain as to whether or not the contract is legal. Can an employer require you to work 6 days a week, and force you to take half a days annual leave per week?

 

If so, the whole concept of holiday entitlement is not legally secure from an employee point of view. Or am I missing something?

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Am employer can absolutely dictate when you take your holidays and because you are a seasonal worker different rules apply about rest breaks.You sound like you do not want to take the role.. there is no obligation to!

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 am desperate for a job atm. So I don't have much in the name of leverage. Your assumption that I am under no obligation to take the role is therefore incorrect.

 

This is why we have employment rights, otherwise in the name of economic hardship, the most efficient capitalist organisations would make employees work 18 hours a day, 7 days a week. I'm sure workers in apple affiliated workshops in Asia are under 'no obligation' to take up their role, but the reality is different.

 

I am surprised that a company can essentially withdraw annual leave via a contractual loophole.

 

Any other opinions? :)

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you're going to be overseas dependent on them for a roof over your head and cash

 

d you really think knowing the letter of the law and your rights is going to make a difference on the ground?

 

Go, or don't....

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 have been offered a job with rubbish terms of employment as a fixed term contract. You can either walk away from it or accept it and go out there and feel aggrieved about it all afterwards.

Personally I wouldnt touch it with a bargepole but many people will do it and complain afterwards and that is why they dont have to change things. If no-one took up the position they would be stranded up a creek without a paddle and have to offer better terms.

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