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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   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? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   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. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   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? No.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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I have a letter of engagement that gives my hours (9-5.30), 28 days holidays and salary: that's it. I have been working for the company for over 2 years. I always work through lunch and normally leave late - accruing the equivalent of approximately 40 - 80 days per year unpaid. Others in the company receive lieu time - it was never offered to me. I have been turned down for more money "because times are tough". Do I have a right to lieu time for the last year? I suggested a bonus but this has been refused - so do I have the legal right to say I will only work every other week until the end of March (end of financial year)?

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As stated above stop working outside your contractual hours.

 

In the absence of an agreement you have no right to time in lieu

 

If the employer forces you to work then that is different. Rest breaks are statutory entitlements.

 

You will only be able to take this further IF you are suffering a detriment due to a protected characteristic - eg if all male/straight/able bodied colleagues are being granted lieu time but you are not because you are female/gay/disabled. You can put in a grievance, but if you are doing this voluntarily I really don't think it will fly

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Why don't you take lunch?

Are you forced to work overtime?

I can't take lunch because my desk abuts my bosses' desk. He does not let me sit in quiet enjoyment of my lunch - firing questions and making demands throughout my lunch hour. No actually forced but if I don't do it the work will not get done.

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If your employer refuses to pay for the extra worked hours, don't work them. In future, only work your contractual hours, no extra hours.

 

Sadly I realise, too late, that I am old school and this person is of the grabbing variety. I am used to the type of employer who rewards over time and excellence with bonuses - sadly it seems such gentlemen are no more.

Edited by honeybee13
Pejorative term.

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As stated above stop working outside your contractual hours.

 

In the absence of an agreement you have no right to time in lieu

 

If the employer forces you to work then that is different. Rest breaks are statutory entitlements.

 

You will only be able to take this further IF you are suffering a detriment due to a protected characteristic - eg if all male/straight/able bodied colleagues are being granted lieu time but you are not because you are female/gay/disabled. You can put in a grievance, but if you are doing this voluntarily I really don't think it will fly

 

 

 

Could you define "force" please? I am not tied up, I do not have a gun held to my head - but, equally, I am not able to sit, quietly, and have lunch and I am not able to leave at the end of the day because my employer expects me to carry on working.

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Can you leave your work station during lunch? Might fix the problem!

 

 

Only if I leave the building - and it's stuck in the middle of the countryside! But you are right, it probably won't stop unless I drive off for an hour - which is pretty sad, but if that's the only way to stop it! Perhaps I should say, I'll work through lunch but leave an hour earlier - would I be able to "enforce" that or is the law on the side of the employer on that too?

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Just go for a walk or read a book in your car, if it bothers you.

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 agree Becky, you don't have to stay at your desk through lunchtime.

 

I can see it might be more difficult at the end of the day.

 

HB

 

 

No, I can drive away from the building at lunch time and yes, I could just stand up mid-task at lunchtime and at the end of the day. I would find that extremely rude - but then again, as he seems to think it is his right that I will give him my time for free I probably have to adopt that rather sad stance.

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Just go for a walk or read a book in your car, if it bothers you.

 

It bothers me because at the end of the day I am exhausted, mainly because I have been over-worked by the person sitting opposite me. It bothers me because there are "no funds" to increase my salary but I am expected to work extra hours every day to fund their luxury cars.

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My question is, not about whether it "bothers" me. Do I have an legal right to demand lieu time as my fellow employees, who are all on contracts, get lieu time.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Only if it is agreed and approved in advance.

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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Only if it is agreed and approved in advance.

 

 

 

It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

 

Hello again.

 

Sidewinder commented on this in post #4.

 

HB

Illegitimi non carborundum

 

 

 

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I think you just have different values, and you are cross because your values are not shared. It's a common cause of conflict.

 

You cannot force someone to think more like you - you can only protect your rights.

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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It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

 

Discriminated against - yes

 

In the 'legal' sense - no you aren't

 

It would only be discrimination if you were treated differently for being Gay/Black/Sikh/Female/Disabled and the other colleagues were all exactly the opposite.

 

What you do have is a legal right to take lunch away from your workstation and the break must be uninterrupted. The employer must provide an area where you can do this and where food and drinks can be prepared.

 

Are you saying there is no such provision? Or at there is but you find it more convenient to take the break at your desk?

 

You cannot work through your break and finish early - the law does not allow this

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you Sidewinder for your comprehensive explanation. It is a very sad state of affairs but if behaving in a decent and honourable manner does not count for anything. I suppose I will just have to sink to the level of the rabble and start learning so I can start replying "I know my rights"... Too sad for words.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Thank you Sidewinder for your comprehensive explanation. It is a very sad state of affairs but if behaving in a decent and honourable manner does not count for anything. I suppose I will just have to sink to the level of the rabble and start learning so I can start replying "I know my rights"... Too sad for words.

 

 

Again, you have a concept of "values" which you assume to be right.

 

It's right for you. It's not universally right. Maybe being less judgmental might help the office run smoother?

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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Again, you have a concept of "values" which you assume to be right.

 

It's right for you. It's not universally right. Maybe being less judgmental might help the office run smoother?

 

You and I will obviously have to disagree. I was actually talking morals...

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You and I will obviously have to disagree. I was actually talking morals...

 

morals are subjective too you know!

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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morals are subjective too you know!

 

 

Again, you and I will obviously have to disagree.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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your back must ache by now, standing on that pedestal all this time. Get down and join in the world you work in and you will soon see that your attitude is actually hindering your cause. Your employers dont think any more of you, if anything they either take you for granted or you may well be invisible to them. It cant hurt to go and see your boss and ask them about formalising the hours you are doing or question your preceived performance as thy amy well think you just cant cope and get things done in the given time.

If you are working at the same rate as your colleagues they will appreciate it more as well as you wont be seen as a threat to their working practices.

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