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    • EON may have paid £89 refund in error and now they want it back.   Up to you really. But once you have sent the copy death cert that should stop any further communications.  You can of course look to take this further, but whether you would easily gain any compensation, is the question that you need to ask yourself.  They may dig their heels in and you then get into months of ping pong communications.
    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of 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.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
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Will it replace the minimum wage ?

 

Not sure it does. Might be wrong, but living wage may only apply to certain people e.g over 25 years old. There may be other qualifying terms.

 

The national minimum wage will still apply to those not covered by living wage.

 

Not studied it, but there should be full details online. This is just from what i remember.

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That's £10 per week on a 40 hour week and you can buy lots of Smarties with £10.

 

Before tax ?

 

I would think there are very few people on the minimum wage who are actually paying tax ? As the tax threshold is also to be increased, then hopefully those on this pittance will still be free of tax contributions.

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It doesn't replace national minimum wage, it's essentially a top up for those over 25. This is compulsory from April 2016.

 

So they currently get £6.70 ph and the top up will take them to £7.20 ph so an increase of 50p per hour.

 

For someone working 40hrs that's a gross increase of £20 per week.

 

News stories today are about the voluntary living wage which is different.

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Isn't the voluntary living wage over £9.00 and from next April, this would be a legal requirement and thus making the minimum wage defunct by default ?

 

The voluntary living wage and compulsory living wage are different rates.

 

The compulsory one is the one that will be a legal requirement from April 2016.

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I think I understand. Sounds confusing to me..

 

Well you started the discussion :-D

 

Andy

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Well, I do like the challenge of trying to understand things that don't appear straight forward..

 

Basically if your over 25, from April 2016 you must be paid at least £7.20 per hour.

 

If you are under 25, there is no change to the current NMW.

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Why not increase living wage to say £12 an hour, but cut employers national insurance further. Give companies an incentive to see labour as attractive by offering other incentives, such as higher tax deductions on training, employee shareholder schemes participation, staff passing professional exams.

 

Companies waste money on many things and if labour was more expensive there are other budgets that can be cut. I have seen companies spend ridiculous sums on mundane stuff such as office furniture, when there were cheaper alternatives. Give employees incentives to save their employers money.

 

In Sweden they are trying lots of new ideas, with the latest being 6 hour working days. They work 3 hours in the morning, an hour for lunch and 3 hours in the afternoon. The companies trying this are finding a much more productive happy workforce, with less sick leave. The staff are finding it easier to manage their home lifes and their children benefit from seeing their parents. Therefore happier children getting help with their homework, which could lead to better education standards, great future employees.

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Where will the extra money come from? I mean for small businesses who are struggling, what happenes to them?

 

What Sweden are doing sounds interesting. I also imagine for parents of young children, it also means there isn't as much of an issue with childcare.

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The idea may be that if people were paid more, then the welfare bill wouldn't be so high as top ups wouldn't be needed so there could be savings in this area. Big corporates could easily suck up £15 an hour in London with all the tax advantages they have at their disposal..

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Cutting wages to the bone has been a self defeating cycle.

 

More Poverty = Less Wellbeing = More sickness + Lower productivity.

 

We have one of the worst productivity rates in Europe

 

Reversing this trend would increase social cohesion and reduce costs on the NHS and Crime related costs as well. Increase standards in schools.

 

Problem is, Corporation just want human battery farms

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Where will the extra money come from? I mean for small businesses who are struggling, what happenes to them?

 

What Sweden are doing sounds interesting. I also imagine for parents of young children, it also means there isn't as much of an issue with childcare.

 

If a small business can only run, based on low wages, you would question what they could do, so they could pay more. It might be that government offers more help to small business, with business rates relief. There has to be a way, so that people are paid the value of their labour.

 

Problem with government is that they never think outside the box. They are constrained by civil servants who like to tinker around with the current system, making it even more complicated. Perhaps there are other ways to make the UK economy more successful financially and for quality of lifes of people. The UK should be seeing an increase in GDP commensurate with population growth. If you have almost 31 million working, the government should be seeing record tax revenues and there should be no current budget deficit. Why is this not the case ?

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