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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure 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 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Hi all,


The team I am on at work has people on a wide range of earnings (the difference between the highest and lowest is double the lowest earner's wage). Mostly people were not "new hires" - some moved to the company about 20 years ago under TUPE, whilst others either moved to the team from elsewhere in the company or started as apprentices (although for some that was about ten years ago). There were a few new hires - contractors who were taken on permanently (but again more than ten years ago). However, we now have five new hires and their starting wage is £7,000 more than the lowest earner and about £5,000 more than quite a few other people's. These people who have been taken on do not have previous skills or experience that put them ahead of current workers nor will they be doing a different job to the rest of us.


These new hires seem to have finally established a base line for pay and "job level" (it's a large company with extensive job "ratings"/"levels").


I have done some research and seem to be getting mixed messages whether it is legal or not and if we have a credible argument to be at least brought in line with the new starters.


A lot of the information out there is about pay inequality between genders (two of our high earners are actually women, almost all of the men are paid less than them - however, their pay I guess is a "reward" for experience and performance over the years), but this is not really the issue here (aside from the two women, everyone else is a man). The issue that we see and want to deal with is to be paid the same wage as someone doing to same work, i.e. the same as the new starters (well, once we have finished training the new starters they will be doing the same work as us - it usually lasts for a few months).


Has anyone been involved in such a situation before? Does anyone know of success stories for pay equality outside of gender-related disputes?

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This would only be unlawful if the reason for the difference in pay is a 'protected characteristic', such as gender or race. Otherwise, the difference in pay would be perfectly lawful.


While a few of the high earners are women, it doesn't sound like their gender is the reason for their pay. It also doesn't sound like gender could be a reason for the difference between new-stater wages and the lower wages, as you say that both these categories of people are largely male.


I don't think you have a legal case but you probably have a business case. If you all band together and ask for a salary uplift, the amount getting paid to new starters is a good reason, especially if there are better paying opportunities with other companies. It will presumably be more expensive for the employer to recruit and train new people than to keep existing people.




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is there a problem with recruitment and retention in your job sector? They may see you as being people who wont up and leave so they feel as if they dont need to motivate you by pay as much as th new people, who may well go if they arent rewarded. Look at what others are being offered by your business competitors to get a feel of what is the going rate for the job

IF you have annual assessments/reviews then it would be the main subject to raise as to why you are thinking of leaving.

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