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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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Lazlo

Sickness & impossible reporting procedure

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Hi, this is very urgent as happening potentially in next 24hrs, so I'd be really grateful if any of your Employment Advisers could help. I'll try to explain but it's a bit complicated, so will use bullet points if that's ok?

 

Been working as a delivery driver at this company for over 4 years, the goods being delivered are VERY time-sensitive.

 

This past year they have seen to have been running things down to the bone; with the result that equipment has become faulty.

 

I've had three incidents involving my back in the last 12 months as a direct result of this.

I never reported the first 2 as I don't like to paint a target on my back.

 

The 3rd incident really hurt, and despite grumblings from management I insisted it was recorded in the accident book.

 

All 3 incidents involved defective equipment and as a result my back has now been hurting consistently since the last one 3 months ago. I've worked through it, but have made my disquiet known throughout. Despite this, very little (if anything) has been done to fix the ongoing issues with equipment.

 

I don't believe in "pulling a sickie", I'm in my 50's now and from a generation which believes in working for the team, sucking it up, getting on with it. However. My back this afternoon is really, really killing me.

 

I'm rota'd to do a 14 hour shift tomorrow and another 14hr shift on Sunday. I honestly don't think I can do it.

My direct manager, (the only person in company I could call to report sickness), has made it very clear he's "not available at weekends", phone off. I also know, due to it being August, that anyone else who could possibly cover my shift is on holiday.

 

I've checked the official work handbook on sickness and it states (paraphrasing) "You must advise your manager at least one hour before your shift starts if unable to attend, must be phone call - emails/texts are not acceptable).

 

My shifts start both days at 3am!

 

I won't know how my back feels till I wake up in the moment, so whilst I have no problem at all with calling my manager at 2am, he won't take the call. I can leave a message, but it will cause such massive MASSIVE issues with deliveries not being made that I will surely lose my job, or will have my working environment made so intolerable as to be 'managed out' anyway.

 

I'm honestly at a loss as how to proceed, and would really appreciate some advice please, because it's not just about being morally "correct"; I have to work there, so it's about being "legally correct" too!!!!

 

I'd be happy to leave the job if I knew I could go somewhere better, but there's also a side of me that feels I should be due compensation for my broken back and the years of use they've taken off me - I can't just walk away (albeit maybe on crutches ;)

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Hello and welcome to CAG.

 

I've popped a bit of spacing between your bullet points to make the post a bit easier to read for the advisers. Hopefully they'll be around later.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thanks honeybee13, do you have any advice for me please - time is short & I'm really worried....

 

Best, Lazlo

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I'm afraid I'm not an employment adviser or I would try to help. I expect people will be along later.

 

HB


Illegitimi non carborundum

 

 

 

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ok thanks for saying hello anyway then 

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I can only give general advice as a department manager, I suggest you put your concerns into writing, until it's formally reported it's not official. 

 

If you point out your circumstances regarding your back and your shift starting at 3am then they will need to tell you what to do surely.

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I would do exactly what it says in the book, phone your manager at 2am if that is the rule.

So what of he doesnt like it, he can complain to his manager about how stupid the policy is. your call will be logged by both your phone and his if a mobile.

i woudl also get the number for the next person up the ladder so you can phone them if yu get such a dilemma again. Make it someone else's problem

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26 minutes ago, Micky the Hippo said:

I can only give general advice as a department manager, I suggest you put your concerns into writing, until it's formally reported it's not official. 

 

If you point out your circumstances regarding your back and your shift starting at 3am then they will need to tell you what to do surely.

Hi, thanks for general advice, but my shift starts in under 10 hours now. Not sure what I should do in this moment now.

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8 minutes ago, ericsbrother said:

I would do exactly what it says in the book, phone your manager at 2am if that is the rule.

So what of he doesnt like it, he can complain to his manager about how stupid the policy is. your call will be logged by both your phone and his if a mobile.

i woudl also get the number for the next person up the ladder so you can phone them if yu get such a dilemma again. Make it someone else's problem

Hi ericsbrother, thanks for the response. I'm worried to do that though, because it's a relatively small company and my manager is the only person I can call without going to a Head Office in Germany that I've no idea who is who.

I've no problem calling him 2am.

However,

IF I call him 2am I've basically signed my own death warrant. (Do you understand me?)

He may not be able to sack me immediately after the phone call legally; but he can sure make my life so difficult that any normal employee would leave pretty shortly after.

My back is so bad, I'm not sure I should just leave. I feel I may be owed something.

I'm very conflicted.

When I call in sick I'm letting down my workmates; I'm not letting down the manager whose phone will be switched off.

Does that make any sense, or is my moral compass totally off whack?

 

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Anyone..? Please...

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From what you've said you don't seem to have many options. What would happen if you ring your manager now, do you think?

 

HB


Illegitimi non carborundum

 

 

 

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If I called him now on a Friday night he'd probably think I want to go out drinking for the evening!

The official rules say to call "at least" an hour before shift is due to start. Which would be 2am.

Maybe my back will be ok. But all day today I've been laying on bed, I don't see it changing by tomorrow. However, to call now in advance of tomorrow looks too suspicious. 

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Posted (edited)

Call him now. "At least 1 hour before shift is due to start" so now is at least an hour. You are playing it by the book. And you are doing it at a more reasonable hour than 2am.

 

Let him know that there is a very high chance that you will not be suitable to work the shifts this weekend. There is nothing suspicious about calling early. Be honest and tell him how much pain you are in and that I'm sure he'd prefer to know more whilst he's got a fighting chance of being able to arrange cover rather than the middle of the night when he can't do anything.

Edited by jacktheband

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4 minutes ago, jacktheband said:

Call him now. "At least 1 hour before shift is due to start" so now is at least an hour. You are playing it by the book. And you are doing it at a more reasonable hour than 2am.

 

Let him know that there is a very high chance that you will not be suitable to work the shifts this weekend. There is nothing suspicious about calling early. Be honest and tell him how much pain you are in and that I'm sure he'd prefer to know more whilst he's got a fighting chance of being able to arrange cover rather than the middle of the night when he can't do anything.

Ok, thanks for advice. Yep I guess it's probably best, it just looks well dodgy on a Friday night though, when in reality I MIGHT be okay by tomorrow, but I don't feel I will be.

Can he just sack me for leaving him in the clart? I know for a fact that whether I call now or at 2am it'll make no difference as there's no one to cover due to holidays.

 

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No, you can't be sacked for being genuinely ill. There are employment laws! 

 

And it's not your fault that the company you work for had no back up plans for this situation. That's their bad planning, not your doing. 

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The worst option is by far you starting, becoming worse through your shift, and being stuck miles from home with expensive goods in the van and no way to transport yourself or the goods home safely.

 

See a doctor as soon as you can.

 

There is a national shortage of drivers. Do you drive wagons? You get sacked, you pick up agency work the next day. Hopefully somewhere less evil!


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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Don't underestimate your back pain and don't ignore it or you will be sorry.

I talk for experience. 

If you're sick you're sick and cannot work.

It's as simple as that.

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