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    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
    • OK will try to be succinct. Old prop mgmt agent acting behalf of RTM company messed about last year with bills and could not all 4 leaseholders to agree on their charges. I paid first half of year and was awaiting news re remaining bill. At end of year had letter stating they were stepping down.   January 2020 new agent in charge. Bill for whole year sent, plus arrears. Service charges are due twice yearly, not in one lump, as per the lease. They billed for whole year. I queried it. In the meantime I had some emails requesting payment. In January I decided just to pay the arrears in one payment ( plus an extra £100 on top as part payment for new charges, ) and set up a monthly standing order to pay the rest. The payment was set to start in Feb, but for some reason the bank didnt pay it until march, so I rectified it in March by paying that one one plus one extra. I informed them of this. Payments have been accepted and they have sent a revised statement this week showing such- after I sent them proof I had paid 3 times already.   Come June, I would be fully up to date with all previous bills, they should then send the June- December service charge bill. They keep insisting on payment asap.   In March whilst payments were going on and after the lump sum + 2 payments had been met, they say they sent a letter requesting a payment plan even though one was already in place. I did not get that letter. In March they sent it to the sols for debt collection- I got a letter from the sols + their own £250 charges stitched on. I have not replied to them yet. I have replied to the agent stating I won't be paying via the sols and that payments are still set to continue.   Ultimately, even with the new service charge coming in June, by August the bill I will be paid anyway. I feel their demands are totally unreasonable, given noone can work at present anyway. I have a letter prepared for the sols in reply but i'll wait as long as possible before sending as I have 30 days to reply and by then all arrears will all be paid, plus part of the upcoming bill. The lease is very old and there is no mention of debt collection charges at all. It states the lease service charge is paid in advance at end of June and end of Dec every year.
    • Hi BankFodder,   I stated that the contents value was the sold price on eBay £525   I luckily had a pic of the serial no of the phone. I checked the serial no of the device via the apple website https://checkcoverage.apple.com/gb/en/ and it stated that the 1yr standard apple warranty expires on the March 17, 2021 which means the phone was activated on March 17, 2020 - which if you refer to my timeline the phone was supposedly in 'transit' at that time
    • Yes I am sure that you are the victim of theft. You say that you have read around similar stories on this forum and you will see that my view is that you shouldn't need to pay an insurance to protect yourself against a breach by the courier. You have paid the delivery price. However, an important point is – what did you say the value of the parcel was? Also you say that you have evidence that the phone was activated – can you tell us a bit more about that please.
    • I currently have one claim on my car insurance policy for the theft of a catalytic converter from my car. The best insurance quote I have found for my wife's car when I add myself in as an additional driver is £350pa with a £350 total excess. In March 2019 I was involved in an alleged incident in Austria where the claimant claims I damaged his front bumper. I have resoloutely denied this and after legal advice am disputing this in the courts. Currently the situation is that the Austrian Courts have applied to the UK courts for statements and that is where the position is at the moment. According to my solicitor there is no way this can be described currently as an accident. However my insurance company at the time has entered this incident into The CUE motorists data base an accident resulting in loss of no claims bonus. I have not made any claim on my insurance so I don't see how I can have lost any part of my no claims bonus. I have at the moment made a formal complaint to the insurance company involved asking them to remove/correct the posting to the CUE data base. They refused this request verbally which is why I made the formal complaint. When I add this second claim on to the quote for my wife's car insurance the cheapest I can get is £628pa with a £400 excess. At the moment my options appear to be:- 1-Do nothing and just pay, but it will become much more of am issue when I come to insure my own car. 2-Wait for the claim procedure to go through the insurance comany's internal proces then escalate it to an ombudsman. 3- Take the insurance company to the small claims court for the excess on my wife's premium. 4-Take MIB the administraters of the CUE database to the small claims court for diseminating false information. Any advice would be greatly appreciated.  
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Moobag1

The entire team are being made redundant - Why doesn't TUPE apply?!!!?

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

 

As far as I know, it is not a requirement to use TUPE. In a company i worked for, one department dealing with a particular Insurance risk, were basically sold under TUPE to another Insurance company. The staff went with the portfolio of work to offer continuity of service to the policyholders. The staff had personal client handling relationships that the new Insurance company wanted to maintain. Therefore TUPE made sense.

 

I have a relative who worked in contract catering for a big company. When they lost the contract they were made redundant, as the new catering company had their own operation. They did not want to take on staff from another company.


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How is the contract terminated?

Is it just ended or has the contract been re-tendered?

Is the company you work for winding up or has the company been bought by the new company?

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Its a catering contract. The building is being sold by the current owner and contract holder to a new owner (the current owner's staff will be staying in the building for another few years). They have terminated our catering contract. The new owner is planning to open a new canteen in another part of the same building in a few months.

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I think the key thing is in your last sentence. " in a few months"

 

So if your protected under TUPE ( and I think its unlikely) what work do you do for a few months before the new building owner opens a new canteen?

You need to clarify what's happening to the company's, not building owners.

I have also found this for you...

 

Can I be made redundancy because of the Transfer?

 

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce

 

 

The key word in the above is economic. Your doind a catering job where, for a few months their is no canteen. No canteen requires no staff therefore economic reasons

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Is your job with the business where the catering is done or does a catering company employ you ? In other words are you working for a catering company who has a contract to supply staff to the business ?


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I work for a contract catering company

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I work for a contract catering company

 

Does the contract caterer operate any other contracts near to where you live ? Can you apply for any positions with the same company working in a different kitchen ?

 

My relative worked for the same contract catering company in more than one place, but had to move to maintain employment, as the jobs available were not close to where they lived at the time. The big contract catering companies run kitchens in many different workplaces.


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Yes they do, but they havnt offered. I suspect that my 36 years of service and Terms & Conditions will have something to do with it...

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If the business is ending the contract it has with the catering company, then TUPE does not apply as you don't work for the business.


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ultimately you are knackered by that word CONTRACT. the building owner buys in a servicea nd your employer sells it. If your employer no longer has work for you then that is redundancy. Doesnt matter what arrangements the new building owner has for the future, this could have occurred at any time and ther is nothing you or your employer can do about it. Sorry but it is not down for TUPE, however your employer should at least try to find you alternative work within their existing organisation so if they are recruiting anywhere else then you lot should be considered before they try and fill the posts externally.. A union rep should be getting to grips with this.

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I think they key point here is the 'in a few months' bit rather than 'contract'

 

I recall that we once used to use an an outside cleaning company, but the cleaner who used to do the work on their behalf was useless. We gave notice that we were taking the cleaning back 'in house' and soon came unstuck when it was established that TUPE did apply. The substantial role of the cleaner in question was to clean our premises and ours alone, and as the undertaking was transferring to another company - ours - she had to be transferred to us on her existing terms. We then had to take her through a lengthy disciplinary process (legitimately due to the continued poor quality of work) whilst she worked alongside the member of staff that we had taken on to do the role

 

In your case, where the service provision is ceasing the redundancy situation may well be lawful, even if the employer is known to be reintroducing in house catering in future. The break in that provision so long as it is distinct and for valid reasons would most likely be sufficient to remain on the right side of the law


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Agree; the break means they are not taking over a going concern.


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 this a 'sham' redundancy, and the break in service provision appears to be there to avoid TUPE, then you may find that the redundancy is in fact an unfair dismissal.

 

Potentially there may be enough there to give your current employer a serious headache. You can speak to a solicitor if you wish to push this forward.

 

Even if it is an unfair dismissal, you'd still be expected to search for a new job. So it might be best to start searching unfortunately.

 

If its any consolidation, the redundancy payment for someone with 36 years service should be pretty substantial.


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This is what your entitled to

You get:

0.5 week’s pay for each full year worked when you’re under 22

1 week’s pay for each full year worked when you’re between 22 and 41

1.5 week’s pay for each full year worked when you’re 41

 

If you google redundancy pay their is a calculator

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