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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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queensclose

Subsistence meal allowance more then 5 hours

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Does anyone have any knowledge of subsistence meal allowance.    Been doing the job for 10 years.   Normal day is go in to office.  Normally around 3 hours then do local calls rest of the day

last year because of staff shortages I was asked  1 week in every 5 to support another office and agreed that I was entitled to the subsistence meal more then 5 hours less then 10.  At £4.20 a day.  (After Googling I think it should be £5)

i live 5 miles from the office  the other office is 25 miles away

 

ok my question is.  Next week they have asked me to work at another office which is in the opposite direction to my house  which is also 5 miles away.  But that office has said because they are so busy I could work from home and the calls are even closer 2 miles from home.   They even dropped the work for the week over to me

 

but asked me during the coarse of the day to drop completed work into the office by giving  it to security 

 

i havent asked side work if I could claim the subsistence allowance because I don’t want put thoughts into heads    And their not really Knowledgable on these matters.   I normally they just guess what they think is right

 

does anyone have knowledge of these matters

 

thanks

 

 


:???: what me. never heard of you never had a debt with you.

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There is no legal right to subsistence allowances at all. And, in fact, getting one simply for going to another nearby office (25 miles is next to no distance ) is (a) highly unusual and quite generous of the employer and (b) almost certainly a taxable benefit given your description. Whether your employer is willing to give subsistence payments for simply dropping work off at an office when you are working from home and only doing local calls, that would be up to them. But they are certainly the only knowledgeable people on the matter since they don’t have to give you anything.

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I think you need to check the company policy on subsistance - can you get hold of it?


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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subsistence is normally applied when you are away from your place of work and is to cover the extra expenses of being away. there is a maximum set by the taxman but I must say that a lunch allowance is quite rare where no overnight stays are part of the daily allowance ( I used to get money for overnight accommodation and meals for the time away but that was normally a minimum of 1 night and 2 days but more usually a week.) the amount is set by agreeemnt with the taxman and wont change regardless of the type of accommodation.

So, in your case as there are no overnight stop outs involved your employer is just using this as a way of paying you a little for the inconvenience rather than paying a necessary expense. For that reason I wouldnt be arguing over the amount and if you feel like mentioning it in passing and dont get a positive response just drop the matter or you may lose what you have already

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The subsistence allowance is HMRC policy.  Company’s that pay it  claim it back via taxes.   

But cant find any thing about distances.   Overnight doesn’t come into it for away from office more then 5 hrs less then 11 meal     HMRC help desk said as far as they are aware there is no distance policy as long as you don’t spend more the 40% of the time covering the other office in a 24 month period 

im looking for some who has knowledge that can confirm  it in case work questions it


:???: what me. never heard of you never had a debt with you.

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Err, no. If you are an employee HMRC set rules and limits about the allowances that employers MIGHT make IF they WANT to. HMRC has no power to tell an employer that they MUST give subsistence allowances, and HMRC has no power to tell an employer what those payments are, or in what circumstances they must pay them. What HMRC do is apply their rules and regulations to the scheme that the employer applies, and set taxes accordingly. Since none of us know what that scheme is, then neither we nor HMRC can help you. The only people who know what your employers scheme is happen to be your employers. 

 

And HMRC quite simply do not reimburse employers for the allowances they pay. That is nonsense. What I think you are confusing is certain allowances that may be eligible for taxable deductions, but I have only previously come across these allowances in relation to contract or agency workers. Are you not an employee? However, that’s irrelevant anyway. The employer or client (whichever is the case) determines what the allowance is. Not HMRC. 

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Is there any knowledgable about the HMRC rules about distances.   Don’t really want to get into a debate.    Just need some who has been in a similar situation 


:???: what me. never heard of you never had a debt with you.

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Have you looked on the HMRC website?

 

HB


Illegitimi non carborundum

 

 

 

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Posted (edited)
2 hours ago, queensclose said:

Is there any knowledgable about the HMRC rules about distances.   Don’t really want to get into a debate.    Just need some who has been in a similar situation 

Hi,

 

are you an HMRC employee?

 

If not, you really do need your own company policy. My company for example never pay a lunch allowance, and we have a really strong union so I think if it was the law, they would be paying!

 

I think you may be looking for a thing which does not exist. The 40% time at another office is to do with when the travel expenses you get become taxable as you are deeemed to have changed location. I think not the same thing.

Edited by Emmzzi

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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What you are failing to appreciate is that the problem here is not that we don’t know the answer but that you don’t know the question. What you are looking for does not exist. What your employer has done in paying you this allowance is not law. It’s a choice. This is not a “debate”. It’s a fact. You simply don’t want to accept the fact. Your employer has been very generous in paying anything in the past. You may not appreciate it, but actually they could have enforced that relocation for part or all of your time without paying you a penny. There really is law on that. So given that they are not even asking you to do anything more than drop off some work, you might want to consider that whole saying about “gift horses”. If they review their policy, which can be changed, then that may well be exactly what they do. They are paying out money they don’t have to. 

 

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Been working there for years and my contract says when I joined you will be based at xxxxxxx.     It’s an on going problem   Shortage if staff.  Many people have refused   They haven’t being forced.   It is in our contract that they can ask.  

So no they can’t force me   

No I don’t work for HMRC.    

 

You can find substance allowance policy on HMRC site  which any decent employer should follow.    

 


:???: what me. never heard of you never had a debt with you.

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What point are you making with the HMRC link please? It doesn't seem to say that employers have to pay this money.

 

HB


Illegitimi non carborundum

 

 

 

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No one has said they have.    

Link is there for those who don’t know about it 


:???: what me. never heard of you never had a debt with you.

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And the link confirms exactly what you have been told repeatedly! And it actually doesn’t even say what you said it does! It says that the employer is allowed to pay up to a maximum amount without the allowance being taxable, if someone travels for five hours. Not if they work for five hours! Your office is 25 miles away. Unless that happens to be on an island without a ferry it would be dratted hard to spend five hours travelling to the office! 

 

And yes, actually - the employer may have chosen not to force you to relocate 25 miles. In most circumstances they can, if they choose, force relocation for up to 50 miles and/ or 90 minutes travel each way. The law allows it.

 

You don’t seem to appreciate that you came and asked for advice that you don't actually want to take. So, just for your benefit....

 

You are entirely correct. Your employer must pay you £5 whoever you feel hungry, even if that happens when you haven't yet got out of bed. If you need to pop to the end of the road, even if you walk, you should also get a tax free petrol allowance of £25 per day. Any and all clothes you wear should be bought by the employer. But if the employer sends the bills for all of this to HMRC then the government will pay them back with 3% interest. On Monday you should pop in to your employers office, ensuring that you claim the lunch allowance of course, and threaten them with legal action if they don't pay up immediately. 

 

Good luck with your job search....

 

I'm out.

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Please have a look on the company intranet/ company handbook/ ask HR for your company specific expenses and travel policy. The answers will be in there. If anything is confusing, do come back and post up the content so we can help.


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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Posted (edited)

Your reply is really confusing.  Don’t know where you got 5 hour travelling from

 

to try to make it simple.   Subsistence meal allowance is a government bench mark that companies can use 

it was introduced many years ago.   When companies had subsistenced canteens and sent employees to other sites. It has nothing to do with travelling time or ferries.  Don’t know where you got that one from

 

as your aware some companies don’t do  it     Mine does

 

as my original question  

the office and work next week is closer.   All I wanted was someone knowledgable on the matter.  in case the question was asked if under the HMRC policy (if your company follows it).  Allows it 

  

And no even if the company allows it they don’t have pay the maximum amount.  They could set it at £4.  

 

To to claim it  you must work (not limited to travelling) 5 hours or more.  Hence it being called  subsistence allowance 5 hours or more but less then 10

 

I have got to the bottom of it.   HMRC don’t have a distance restriction.   So could in theory be relocated to an office next door to you house as long as you don’t work their more then 40% of your time in a 2 year period. But your company does not have to accept it 

I did ask if anyone was knowledgable and not what your thoughts where

 

 

 

Edited by queensclose

:???: what me. never heard of you never had a debt with you.

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Posted (edited)

Hello,

 

I thought you were asking if the company have to pay it? Which will be detailed in their handbook or policies.

 

HMRC are to do with if you will get taxed on it, which is a different question.

 

What are you trying to find out please?

Edited by Emmzzi

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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Sorry Emmzzi.   My earlier reply was not aimed you

the company follows HMRC on it.  I just needed to find out what HMRC guidance is on distance from home to office.    As I will be working at an office closer to home then I normally would.    But I now know that HMRC does not have anything on distance.   Only working away from where your normal place of work for 5 hours or more

 

but the company could say no (HMRC say they could).  In which case I would be referred to HR handbook which refers to the government bench mark on travel and subsistence 

 

at at the end the day it’s a perk 

thanks


:???: what me. never heard of you never had a debt with you.

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ahh ok. Glad you have it sorted. but do ask if you have any problems.


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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