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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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Samanthajane_h

Where's my holiday pay??? - RESOLVED

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I would really like some help and advice please!

In the end of December I handed my notice in to my job at a franchised branch of McDonald's so that I would not return after 9 months of maternity leave, following all procedures set in the employee handbook for the company and in the belief that I'd get 9 months worth of accrued holiday pay to the sum of £420 and a P45 too. I received a final payslip with the very last of my maternity pay, but no holiday pay and no P45 as yet. I have emailed my ex employer (I always email so that I always have a copy of all correspondence) to ask for the accrued holiday pay that I had not received, outlining the fact that all procedures had been followed. This was on Wednesday last week, and I received a reply telling me that my email had been forwarded to payroll the next day. 3 working days later, I have had no further correspondence and am none the wiser as to what's going on. How long do I have to leave it before taking the next step, and what is the next step?

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how long is the payment cycle? If you got paid monthly I would expect you to have got the money either at the end of Jan oe maybe the end of this month at the latest as it may well have been too late last week to do anything about it. I would be emmailing them again to ask if it is going to be paid this month or do you have to consider other methods of recovering this debt.

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It's every other Friday. Would have been payday on Friday just passed. Had no payslip at all on the day they're due (Monday before payday). Every other person I know to have left McDonald's received all of their remaining accrued holiday pay on their final payslip, which obviolusly hasn't happened in my case. I do get the feeling that the franchisee that owns it all doesn't make anything easy for his employees. He closed down a branch with a months notice when it later transpired that it had been in the pipeline for years. Then told all of the employees there that he could have just sacked all of them and wouldn't be compensating them for travel etc. Pleasant fellow

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In my company when you take maternity leave you are supposed to come back on duty for 12 weeks in order to keep your maternity pay.

You are allowed to use your accrued annual leave in this 12 week period.

Have you checked that this is not the case with McDonald?

They might have offset the annual leave against the maternity overpayment if this is the case.

Payroll will have to explain.

Keep chasing them via email followed by recorded telephone call, they must give you an answer.

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Maternity pay kicks in when you have been employed for a minimum amount of time, not becasue you promise to go back to work afterwards. If you say you arent returning after your period of confinement then you wont get the money but it is accepted that resigning after the event is absolutely OK even if the employer thinks the person doesnt intend to return to work.

Give it another pay cycle and then send a letter outlining how much is owed and why and give 14 days to cough up or action will be taken to recover debt

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Guest topcat14

"In my company when you take maternity leave you are supposed to come back on duty for 12 weeks in order to keep your maternity pay.

You are allowed to use your accrued annual leave in this 12 week period.

Have you checked that this is not the case with McDonald?"

 

 

To be clear

 

Maternity Pay is Statutory if you meet the criteria ie the current £139.58 per week. In other words you HAVE to pay that. Are you talking about contractual Maternity pay over and above the Statutory Minimum ?

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"In my company when you take maternity leave you are supposed to come back on duty for 12 weeks in order to keep your maternity pay.

You are allowed to use your accrued annual leave in this 12 week period.

Have you checked that this is not the case with McDonald?"

 

 

To be clear

 

Maternity Pay is Statutory if you meet the criteria ie the current £139.58 per week. In other words you HAVE to pay that. Are you talking about contractual Maternity pay over and above the Statutory Minimum ?

 

Yes, I meant the contractual maternity pay, not the statutory which is due to everyone in maternity leave

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My maternity pay was statutory maternity pay which I was definitely entitled to (following several years of service!) there is nothing outlined in the employee handbook about not getting your accrued holiday pay for not returning, if anything it says that you will be paid what you are owed, as was the case with several people I know.

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How have you gone about requesting your holiday pay?


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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In shortest form, I told them I haven't received it and asked them to rectify that error. Obviously a lot more detail went into it regarding length of service and their own policy. Still no reply to my email a week later. I should have had this money nearly a month ago 😑

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Send hard copy from 2 differences post offices and get proof of posting

 

Then a letter before action

 

Then moneyclaim online


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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If necessary you can kindly remind them that what they are doing is illegal.:evil:

 

 

I will keep my fingers crossed for you.

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Hi all.

Just to update everyone, McDonald's has finally seen their error and awarded me the owed amount of holiday pay which is actually more than I'd expected. They certainly took their time about it but I'm guessing that it's easier for them to give me my money than it would be to deal with the bad press surrounding their treatment of a longstanding employee and the things she has seen whilst working for them!

Thanks for everyone's help in this thread, it's really appreciated :)

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That's good to hear, I'm very pleased for you.

 

Thank you for letting us know. :) I'll amend your thread title to show your success.

 

HB


Illegitimi non carborundum

 

 

 

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