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    • this is part of the pack Shoosmith sent the entire contents are 54 pages and when merged into pdf it come to 33mb even with the images at 200dpi. The parts I have not posted are the statements from June 2017 to Sep 2020 and a financial means form. Doc 2.pdf
    • "All debtors goods & Chattels belong to us, after all after gaining entry after a Virtual CGA, what's to stop them listing goods as they remove them after their in their mind legal forced entry?"   Yes absolutely.  It is bad enough at the moment, where some bailiffs misrepresent goods being bound as goods being under control, the former not enabling goods to be taken from premises for sale. To be under control a visit must be made of course, even if this amendment is passed. Under the TCE, as you say since 2014, re attendance is permitted by the debtors signed CGA, that is all. Even a previous attendance does not permit it, unless goods are taken under control under part 13(d) of the TCE Schedule 12 and section 20 of the Taking Control of Goods regulations 2013 and the agreement struck. This is in stark contrast to the earlier rules, where re attendance was permitted after the Bailiff had just gained initial access. I am unsure, reading the judgement, that the Master was fully aware of this(in parts).   I consider this, as said earlier to be due to the way section 14 and 16 are written, both parts imply that forced entry can be used, and in neither case, due to the 2014 amendments neither  actually can. The Master referred to the Memorandum and the Beaston report of 2000, but in this respect neither of those generally reliable tomes of knowledge are relevant.
    • did you get a letter of claim and reply pack about 1 month before the issuance of the claimform.?
    • I am just throwing possible issues out there. It's not the caring that would be the stumbling block, but her sleeping over in a property she is renting to you, hence the possible regulation 9 reference.   The only real way to know for sure would be to apply and go from there, but obviously that has potential pit falls, if they refuse the benefit and you need to challenge them, as any appeal could take a long time, before they are heard.
    • Brilliant summation, thank you for this.    I shall keep you posted, cheers. 
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi wondering if anyone can offer some valuable advice,

 

My partner workplace ( a very large company) has not been paying him, he has been working there for 2 years now and sometime he would go up to 4months without a pay.

 

When he approaches the managers and payroll department they keep informing him that they are sorting it out and nothing, sometimes they will say his been paid and when he checks his bank account his pay would be £200 for a whole 2 months which doesn’t equate to the hours he has worked.

 

He has had severely issues with this company to say the least, once he was suspended and when he appealed the case to someone higher they found that the ruling was wrong and apologies to him.

 

A lot of there workers are not being paid promptly or if they do eventually pay them it way below it expected pay and he gets taxed double ! Also he has taken out quite a lot of loan to keep up with his expense and now it’s getting to much emotionally and financially

 

Can anyone offer some sound advice on how to pursue this case ?

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Would you mind sending an email to our admin email address so that you can tell me in confidence the name of the employer. I think it would be wise not to put it up on the open forum at the moment.

 

Would any of the other people affected be prepared to make a complaint about this?

 

Is your partner interested in staying in the job or would you prefer to leave? It seems to me that what you are telling us here would be good grounds for a constructive dismissal which would mean that it was so intolerable for him to stay there that he was effectively being forced to leave – in other words unfairly dismissed despite the fact that it would be his choice. This would entitle him then to bring an action for unfair dismissal before the industrial tribunal.

 

However this would mean that he would have to leave his job and start looking around for an alternative pretty quickly

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Can you provide me the admin email address ?

 

Honestly I don’t think others are prepared to make a complaint about this ( as in legally ) because they are scared because this is a huge company.

 

No his not interested in staying in the job. Please can you provide me more information about constructive dismissal

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My wife's payroll used to do that.

When I intervened they stopped immediately and have been paying her pronto for almost a year now.

As soon as pay day arrives and your husband doesn't get paid the correct amount, he needs to write to hr immediately and give them 7 days to pay arguing financial hardship (keep bank account empty).

At day 8 he needs to submit a recorded delivery letter before action to registered head office giving further 7 days.

Day 8 you submit a mcol and a grievance.

They'll pay your husband immediately plus court fee.

Then don't withdraw the grievance, let them waste time and money and ask the name of the person responsible for the missed payment.

They won't tell you but you will be taken off the list of sheep to be targeted.

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@bankflolded I have sent an email.

 

@king12345 I do like this approach although we have sent several letter and my partner and his colleagues has had several meetings with the managers and someone whom apparently is of some significance in the company but nothing has changed.

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