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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello,

I know of an employer who is not paying minimum wage. They employ at least two people I know of personally who are both EU migrants. This employer is in the hospitality industry and pays £7 per hour cash in hand, no contract, no wage slips, and I assume no rights.

 

One of the people employed there already has two legit part time jobs so this cash in hand one takes them over the tax limit which they obviously don't pay as it is not on record. The other employee has no other job so this is their only income. They only work part time evenings, or on a when needed basis. Neither of them currently claim any benefits.

 

I am wondering what the general consensus is on this type of activity? Would you report the company or just mind your own business?

I don't like the idea of possibly taking income away people. Also their English is pretty poor so I don't think they really understand the legal situation, I don't know if those employed there even know it is wrong.

 

On the other hand I think employers exploiting people who don't have many options or don't know their rights is not fair either.

 

Just wondering what peoples opinions are.

Thanks

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That's right. There will be no national insurance being paid by anybody. That means that in addition to receiving less than the minimum wage, they have no protection in the case of illness, they have no holidays. If there are any women involved who become pregnant, they have no maternity leave. Very importantly, if anybody has an industrial accident then they are on their own because there will be no insurance at all to cover them.

 

I understand your point very much about the fact that at least these people are getting some kind of payment – but on the other hand there are many other factors at stake. Also this means that the employer is able to undercut competitors who act morally and lawfully so that people who are honest and hard-working don't have the same fair opportunities as the employer you are talking about.

 

I'm afraid that I would go ahead and report them. There is much more at stake here then simply the jobs of one or two people.

 

You may as well ask the same question about jurisdictions in which a blind eye is turned to very young children working in factories or in mines in extremely poor and dangerous conditions and at a fraction of the going rate for an adult. The same moral imperatives exist – although maybe to a different degree – but if you prevent the children working, does this mean that their families go hungry? There must be a danger of that but on the other hand who compensates the children if they are maimed at work. Who compensates them in adult life because they have been deprived of education and the opportunity to go on to have a better life for themselves and their own families?

 

I think it will be very misguided not to report the employer

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this is not a victimless crime, everyone else who works in the same industry suffers as a result of this, wages will remain depressed, the tax take means less money for govt to spend on things, no protection for the employee should they have an accident etc.

As for the employees suffering froma lack of coomand of the english language- this is an imperative for them to learn to communicate and if not in english at least with others who are in a better position to offer help in ther own language.

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I would entirely agree. To be objective, whilst I doubt it, it is possible that the law isn't being broken. But that isn't your problem. If it's all above board, then that's nothing to do with you and fine. But for self employed people, for example, the living wage doesn't apply. But that is for others to worry about. They all, whoever they are, have responsibilities, and they must sort those out.

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Thanks everyone for your input. I can only assume this is so that the employer does not have to pay for holiday or sick pay etc and at the same time have people available to work part time casually when it suits. Also as you point out, no tax or national insurance and all off the books and cash in hand. Otherwise if they wanted casual workers they could employ people on a zero hours contract.

 

I am going to see what else I can find out this week, I am meeting one of these friends to help them sort out their utility bill debts.

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I'm quite apathetic in this area now

 

It is unjust and deflates the industry for all the other low (insert several profanities here) paid workers out there, but we all want to pay as little as possible, even us employee loving stalwarts

 

It can also be a pyrrhic victory as the employer just cuts more staff to balance the bills and people lose work

 

For me if i was certain there would be no loss to the people i was trying to help i would report them (No idea if the taxman/NMW bods cares about anon reports though)

 

If there was i chance i'd hurt the people i was trying to help i would zip it

 

Also if your employer gets wind of your aims or concerns there will be a huge target aimed at you and the people you are helping will vanish

 

Be careful

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