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    • Hello DX100UK and all observers. I am delighted to announce I have had no further communication from Shoosmiths Todays date is 20th August 2019  That is the 20 year anniversary of the original decree granted at the Scottish sheriff Court on 20th August 1999 The 20 year prescriptive period should kick into force. Celebrate   Would any further letters now constitute harrassment ?  or does the debt technically still stand but just not enforcable ? They cant seek a new decree ?    
    • Now some at this stage might think I'm leading to doggerland as the site of Atlantis   https://www.winterwatch.net/2019/01/did-the-inspiration-for-atlantis-flood-and-ark-legends-stem-from-paleo-doggerland/           but for a number of reasons, I'm not ... although I think it is a part of the larger story,   Its a little late. I believe the final inundation of doggerland is part of the later Biblical flood and related myths. (Black Sea, Arabian Gulf, West coast of India etc) ... but worthy of mention is that it could effectively make up one of three 'larger' islands as detailed in the legends far better than the Azores does. ... and mammoths/elephants crossed that bridge - although carefully check the dates of those mammoth/elephant migration evidence. They seem to end 11000bp.           http://www.bbc.co.uk/earth/story/20150722-lost-beasts-of-the-ice-age   http://www.canada.com/technology/Massive+Canadian+melt+have+triggered+flood+biblical+proportions/3954124/story.html   https://en.wikipedia.org/wiki/Outburst_flood   http://www.talkorigins.org/faqs/flood-myths.html#Sproul    
    • Hi.   Someone reported that your pg1 still had the reg number showing, so I've removed it and left pg2.   HB
    • Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.   2.The loan was funded by Ferratum Uk Ltd.
    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            The Defendant contends that the particulars of claim vague and are 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.   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   2.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © 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 alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any   ******************** end of defence ************
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I work in a residential setting for young people. Currently two staff sleep-in every night.

 

One of the sleeping in rooms is being turned into a bedroom for a young person in order for the business to make more money.

 

The second member of staff is going to be asked to sleep on a mattress on the floor of the office or a TV room.

 

Is there any legislation that says this is not ok? The rooms involved do not adjoin a kitchen.

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Hi,

 

do you get NMW for the shift and do you get a break between shifts?

 

I'd say a mattress is not "suitable sleeping facilities" (a camp bed may be) but it depends whether they are paying you to be "at work" or not and if you get breaks between shifts as if you were working, what you can do about it.


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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Hi,

 

do you get NMW for the shift and do you get a break between shifts?

 

I'd say a mattress is not "suitable sleeping facilities" (a camp bed may be) but it depends whether they are paying you to be "at work" or not and if you get breaks between shifts as if you were working, what you can do about it.

 

I get over the NMW for my work but there ares no breaks during or after the shift. I also get paid to sleep-in.

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I would agree that a mattress is not a suitable sleeping facility.

 

I would say you mention it in the most gentle way to your supervisors and that way you most likely would never be asked to sleep on the mattress.

 

Also while mentioning it try and get evidence you mentioned it as some supervisors are very funny and might try and victimize you for raising, what I consider, a health and safety concern (back pain from using a mattress on a floor rather than a bed).

 

I also believe in the Health and Safety laws there are meant to provide suitable welfare facilities and since sleep in is part of your job then there should be suitable sleep in facilities.

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