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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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I work in a 6th Form delivering Education through a sports course. I have been their for 8 years and I invoice the school directly.

The school has been taken over and lots of changes have taken place. I was called in about 3 months ago and received a pep talk from the head saying we must improve standards. I agreed and welcomed this and stated I would do everything in my power to support this but as I attend only half the week it would be challenging as they spend a lot of time out of my sight so to try to effect dress code would be difficult. At the meeting nothing in writing was given to me no minutes or anything at all to suggest that what they had actually done was given me a verbal warning. I have received no induction have no contract none of the updated procedures around school have been explained at all. They have called me in and said they are letting me go as the standards have no improved.8 years no contract which is my fault no verbal written warning at all no support or information about disciplinary procedures in school no induction nothing. I feel harshly treated don't want anyone to get the violins out but do I have any rights at all around basic working conditions etc..?

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I work in a 6th Form delivering Education through a sports course. I have been their for 8 years and I invoice the school directly.

The school has been taken over and lots of changes have taken place. I was called in about 3 months ago and received a pep talk from the head saying we must improve standards. I agreed and welcomed this and stated I would do everything in my power to support this but as I attend only half the week it would be challenging as they spend a lot of time out of my sight so to try to effect dress code would be difficult. At the meeting nothing in writing was given to me no minutes or anything at all to suggest that what they had actually done was given me a verbal warning. I have received no induction have no contract none of the updated procedures around school have been explained at all. They have called me in and said they are letting me go as the standards have no improved.8 years no contract which is my fault no verbal written warning at all no support or information about disciplinary procedures in school no induction nothing. I feel harshly treated don't want anyone to get the violins out but do I have any rights at all around basic working conditions etc.?

 

if you were self employed with no contract stating exact terms, then the school could have stopped your work at any time and for any reason.

 

Seems like an odd arrangement that should have been resolved years ago. If you are a contractor, then from the start of any new work, you need a written contract stating the full terms.


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Thank you so to be clear I have little or no rights and the really don't need a reason to get rid of me?

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Thank you so to be clear I have little or no rights and the really don't need a reason to get rid of me?

 

You would need to evidence that over a period of time you agreed a verbal contract covering your work for the school and there was a commitment to continue this or if they wanted to end the arrangement there was a notice period.

 

What evidence could you provide to a court to win a relevant sum related to a breach of a verbal contract ?

 

In your earlier post, you suggested it was never documented and it is one persons word over anothers. If you are registered as self employed, the school was simply contracting you on a casual pay as you teach deal, which at any point might be ended.


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There may be steps you can take but you would really need legal advice beyond anything that can be offered on here. Are you in a union? If so consult them. Otherwise talk to an employment lawyer - many will offer an initial 30 minute consultation free of charge, or for a minimal charge, to see whether you have a case.

 

At a school where I was a governor we discovered the head had entered into a similar agreement to the one you have. It came to light only when the sports instructor started proceedings against us at Employment Tribunal for unfair dismissal. Our initial response was 'no, you are self employed'. But when our council HR and employment lawyers got involved they said that the way we had hired and paid the person was (a) wrong and (b) the person would probably be able to win a case at Tribunal because Tribunal would likely find that the he was in reality an employee, even though both he and we called him self employed. I'm not a lawyer but the issue was that just because school and "contractor" said it was self-employment didn't mean that legally it was self-employment. The law applies objective tests to decide if work is employment or self-employment - what you've called it, and how it's paid, isn't the last word on the matter. Knowing how jobs like the one you do work in practice I'd suspect that you legally you may be an employee - and so have all the protections of an employee - and not self employed. But you just telling the school this won't get you anywhere. You need a union lawyer or solicitor to fight your case.

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I meant to add (as it's the question you asked in the thread title) that your rights do not, by and large, depend on whether the school has issued you with a written contract document. The school could not credibly argue that they had no contractual relationship with you - you've been doing work in the school for 0.5 of the week for 8 years and they paid you for 8 years! You obviously have a contractual relationship. The lack of a written document could even work in your favour in an employee -vs- self-employed argument. Don't worry about lack of a written document, consult an employment law professional for advice.

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the fly in the ointment to Ethels argument is that you invoice them. Basically you supply a service and are not employed. How you are paid regarding tax and NI may illuminate this a little more to determine whether it is employment or not, you may need to ask HMRC about your NI contributions and what class they are

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the fly in the ointment to Ethels argument is that you invoice them. Basically you supply a service and are not employed. How you are paid regarding tax and NI may illuminate this a little more to determine whether it is employment or not, you may need to ask HMRC about your NI contributions and what class they are

 

That is why i did not mention that long term casual employment might mean they should be considered an employee with rights.

 

The invoice process suggests just being a contractor, paid after a relevant period.


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the fly in the ointment to Ethels argument is that you invoice them. Basically you supply a service and are not employed. How you are paid regarding tax and NI may illuminate this a little more to determine whether it is employment or not, you may need to ask HMRC about your NI contributions and what class they are

 

Firstly, I'm not making the argument for anything, just sharing my experience of a very similar situation and recommending OP takes proper legal advice

 

Secondly, how OP invoices and is paid isn't a "fly in the ointment". How someone is paid is just one of the many factors that courts take into account in deciding whether someone is employed or self-employed. The sports instructor in the case I was involved with invoiced us, he even had a contract saying he was self-employed and responsible for his own tax, but the lawyers advice to us was clear that this counted for little when the job otherwise met none of the main legal criteria for self-employment.

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