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    • I have sent a response to quote that and also say that i will be submitting my already prepared claim to the county court   Thanks for the quick response! I will see what happens next
    • Ignore it.   Or,   If it were me I would send in the following email  
    • Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today       Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.   I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.   I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.   Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619   You can also make contact with Packlink with the links below.   • eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb • Packlink Help Center: https://support.packlink.com/hc/en-gb   I hope this helps you to get your Packlink enquiry resolved.   Kind regards,        
    • I'm sorry to say that nothing you have written above changes anything. You need an address. I suppose you could get some investigator to find it but the amount of money it will cost you will probably exceed what you are claiming. Also, you need to be very careful about the way that you approach this because you don't want to find yourself in a position where suddenly the tables are turned on you and you are being subject to complaints about harassment. This means that you need to be very delicate and gentle and discreet about the enquiries you make. There is a way of serving papers on someone if you cannot find their address – if you happen to know their bank, for instance or a lawyer that they use, for instance. Or their place of work. It's called "substituted service" – but it's not straightforward. I don't know the procedure particularly but I'm quite certain that it requires an application to a judge and this itself will cost you money and although the amount that you are claiming is a significant amount of cash, you may still decide that it's not worth it. I'm only referring to this procedure so that you know about it – but not as a serious suggestion that you try it.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06
    • Ofqual and the Department for Education (DfE) have decided that exams will be replaced by grades decided by teachers this […] View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Sacked After One and a Half Weeks. Employer Says Doesn't Have to Pay my NI/Tax


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I have been sacked one and a half weeks into a two-week trial period. The employer says that, because I only worked for a short period, he doesn't have to deduct tax and Ni from my wages. I was working a 37-hour week for which my pay (due at the end of March) was £7.50 per hour. My employer confirmed this in an email to me before I started work. I was directly employed (not through an agency) and was not self-employed.

 

My questions is this: Is the employer legally obliged to deduct tax and NI after such a short period and does he have to give me a P45? Also, what can I do if he doesn't do any of this?

 

I am from Eastern Europe and feel that the employer is deliberately attempting to recruit EU citizens for a short period and avoiding his legal obligations to pay tax and NI. There was nothing wrong with my work. I believe that it was all along his intention to sack me and that this is ongoing company policy towards temporary employees.

 

Your help on this would be much appreciated.

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So how does the employer propose to pay you for work completed? Cash in hand?

 

There are certain circumstances where the employer can do this, so you will probably need to speak to HMRC to make sure that you pay the necessary tax, but more importantly you need to receive what is due to you from the employer - payment for all hours worked plus holiday pay for time worked.

 

Probably insufficient evidence to support your suspicions regarding the employer's recruitment practices

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whether tax needs to be deducted will depend on you annual income for the tax year. NI contributions will be based on the pay for the week. as you were there such a short time i can see the attraction of paying someone in cash as it saves a lot of paperwork ( and also a few quid in employer NI contributions)

I do not believe that an employer will take someone on and then dismiss them after such a short time just to go through the problems of recruiting checking the credentials and employment history and right to work for someone every week. I suspect that it was not your work that made then decide against keeping you but that they felt you didnt "fit in", something no-one can really do anything about even though it is unfair..

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