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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Hello all,

I would be very grateful for some advice please regarding my current employer as things don’t seem right to me.

 

I have handed my notice in to my current employers who I have been with since 2013. They are a small family company, I am their only employee.

 

Since handing in my notice (I gave two months’ notice) they have been behaving weird and I am finding hard to trust them.

 

We have had a busy month and I have had to work at lot of overtime.

Including all the Easter bank holidays and the weekends.

I don’t have an agreed overtime rate.

I don’t get payment advice slips so it makes working out my pay difficult.

 

However, I received a letter from them saying that the work I did extra will be paid with holidays instead of payment.

 

They are also forcing me to take the holidays during my notice period

. They have told me to take six days off and given 13 days’ notice.

 

My question is

are they allowed to swap out my pay for a holiday without payment.

To be honest I was expecting days in leu of the bank holidays worked plus payment.

 

Many regards.

Edited by dx100uk
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Hello all,

I would be very grateful for some advice please regarding my current employer as things don’t seem right to me.

 

I have handed my notice in to my current employers who I have been with since 2013. They are a small family company, I am their only employee.

 

Since handing in my notice (I gave two months’ notice) they have been behaving weird and I am finding hard to trust them.

 

We have had a busy month and I have had to work at lot of overtime.

Including all the Easter bank holidays and the weekends.

I don’t have an agreed overtime rate.

I don’t get payment advice slips so it makes working out my pay difficult.

 

However, I received a letter from them saying that the work I did extra will be paid with holidays instead of payment.

 

They are also forcing me to take the holidays during my notice period

. They have told me to take six days off and given 13 days’ notice.

 

My question is

are they allowed to swap out my pay for a holiday without payment.

To be honest I was expecting days in leu of the bank holidays worked plus payment.

 

Many regards.

 

On what basis were you expecting days in lieu and payment? There is no legal right to that. There's no legal right to anything extra for overtime, and the method of compensation for overtime is down to your contractual terms. So you would either need that in writing, or you would need to be otherwise able to prove that what you were expecting was your right - so evidence that this is how overtime has always been paid in the past.

 

But the answer to your actual question is yes, an employer can compensate you for overtime with alternative time off, and they can make you take it as leave at a time of their choosing. Such an arrangement is quite common, but it won't be a "holiday without payment" - it will be a day that you are paid for but which you won't work. In other words, you are getting your payment for overtime as paid time off.

 

You have a legal right to payslips. But it isn't a right that is effectively supported in law - there's nobody you can report it to if an employer doesn't provide one. And unless you have some other claim to an employment tribunal, a claim purely with regard to no payslips isn't going to be worthwhile. You could submit a grievance, but have you actually asked them for payslips? Because that would be the first step in any event, and if you've never asked them for one, it does weigh on you to do so before taking stronger action. They should have done it, there's no excuse for an employer not to, but taking a sledgehammer to crack a nut isn't going to help you either.

 

I would suggest that you clarify that you are getting paid for those days off, and if you are then is there good reason to believe the employer is doing something wrong? If not, then is it worth the hassle? Because there wouldn't appear to be anything to gain for you.

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Hello consortium

 

I am afraid they can indeed tell you to take it as leave. It does seem harsh that they are only now choosing to change an arrangement that's been different in the past, and unhelpful that you won't get the planned overtime, although you will still get your basic wage.

 

It souds like an unpleasant environment, bet you are glad to be moving on. All the best in wherever you are going next!


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It will be paid leave, there is no allowange in the employemnt legislation for any other sort other than by request for leave of absence.

As you will have accrued annual leave and time off in lieu of overtime worked this must be taken in your notice period. telling you to take it on particular days may be a bit harsh if you had arranged to take ti at some other time before you leave but it is common to ensure that all the lose ends are tied up

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