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    • CPR is in post 5 click it add relevant pers details print and send to qdr   do NOT SIGN IT
    • wow will look into the points you raise now.  I didn't know that about the paralegal.  The last two times ( lowell and the parking fine for my friend) they just had a local solicitor representing the company certainly not the person who made out the witness statement.
    • win or lose defaults/credit files are nothing to do with courts.   your lowells WS was very good and this one just a bit too sparse on what you are trying to say IMHO too many points just listing a diary even of this or that happening. might pay you to slightly change it and use yours to rip theirs apart.   like say point 4...load of ole waffle trying to hide the fact that the CCA hasn't come from Barclaycard at all but from their filing cabinet and is a cut n paste jobbie.   im also a bit sceptical about the default notice and IS it a copy, there a mailmerge line above the address box and it just doesn't look right. check the balance at that date ib their statements, does it match £36??   I also don't like their points 9/10/22 relating to it. they quote 2 sets of page numbers referring to where in the bundle its located?   21 don't forget to rebuff carey as not applicable   lastly. I believe that paralegal must be in court so they can be cross examined by you and answer questions? else it can't be referred too?      
    • I've done some work to the section I'll paste below. (obviously the section numbers will change) These points are all supported by EXHIBIT A1 which I will attach here.          ENTRANCE TO CAR PARK   1.            On [DATE] the defendant visited Pizza Hut with a party of friends. The defendant was not the driver of the vehicle. The vehicle travelled along North Ormesby Road, turned right onto Woodside Street and sharp left into the parking area in front of Pizza Hut. This is the most obvious and direct route to Pizza Hut. See Exhibit A1 for details.   2.      There were no signs pertaining to the claims of the claimant visible to the driver of the vehicle on the route set out in Exhibit A1   3.      Taking the route laid out in Exhibit A1 clearly results in the act of “parking”. It must therefore follow that the vehicle has “entered” the car park. This entrance must be located either at the point of leaving North Ormesby Road and entering Woodland Street or else it is at the point of leaving Woodlands Street and entering the parking area.   4.      These two possible locations of the entrance are shown in Exhibit A1. Whichever is the case neither location has a sign at the entrance to the car park. It is therefore not possible that the defendant entered into a contract with the claimant.   5.      Neither location that may be considered the “entrance” to the car park bears a sign erected by the claimant.   6.      There were no signs erected by the claimant visible to pedestrians as the party left the vehicle and entered Pizza Hut. Exhibit-A1.pdf
    • Just a quick update.   Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors."   Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!) Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions. I've not attached the letters as they seem fairly standard - but I can do if you want me to.
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essjaydee

Hired under annual salaried position, now only being paid for hours worked

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Hi everyone, 

 

Hopefully I can get some advice on what is a slightly unusual work situation.

 

A few years ago - firstly for medical reasons, and then due to relocating to another country - my UK (England) employer allowed me to work remotely full time. Previous to this, I was hired with an annual salary to work 37.5 hours per week in their office, which I had done for several years. One of the conditions that my employer specified upon switching to remote working, was that I had to now submit a timesheet and would only be paid for the actual hours worked, which I agreed to (this was all verbal - nothing signed). 

 

Fast forward a couple of years and my employer has been losing clients right, left and centre (and have done nothing to try and replace them), which has left me with an ever-lessening amount of work to do, and therefore, less and less hours that I can be paid for each week. Right now, it feels as though they are just squeezing me out, by not giving me new work, and therefore barely paying me.

 

At this point, I don't know what to do... Do I have any rights to ask for more money under my original salaried contract, to make up for the lack of work they are giving me (which is through no fault of mine)? I don't want to quit, because I have almost 10 years in the position and would in theory get some kind of redundancy pay, if they are eventually forced to let me go.

 

What should I do?

 

Thanks for any help you can give and sorry for the long post. Greatly appreciate you reading everything!


[SIZE=1][COLOR=blue]Data Protection Act Letter Sent 11th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Statements Received 30th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Preliminary Letter Sent 5th June 2006 - Offer of £25 Made by Halifax - REJECTED![/COLOR][/SIZE] [SIZE=1][COLOR=blue]LBA Sent 16th June 2006 - No Response Received[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Money claim submitted 6th July 2006[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Claim served 12th July 2006, Acknowledged by Halifax[/COLOR][/SIZE]

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you have worked for a substantial time under the new contract ( both parties agreed it so it is binding) so you cant demand to go back to your old one and nor can you expect them to pay you under the old terms either.

Look for something else and suggest reundancy to them to try and get a severance deal. It would be a matter for an ET so drawn out and uncertain if you go that way.

If you get a new job in a different company in the same field the working pattern will kill any exit clauses regarding non contact with your clients etc so your address book may be worth something to you

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1 hour ago, ericsbrother said:

you have worked for a substantial time under the new contract ( both parties agreed it so it is binding) so you cant demand to go back to your old one and nor can you expect them to pay you under the old terms either.

Look for something else and suggest reundancy to them to try and get a severance deal. It would be a matter for an ET so drawn out and uncertain if you go that way.

If you get a new job in a different company in the same field the working pattern will kill any exit clauses regarding non contact with your clients etc so your address book may be worth something to you

 

Yes, I did think that may be the case - i.e. after working a certain way for an extended period, that in itself becomes the agreement. Thanks for your reply. I shall speak to them and see if we can work something out either for more work, or perhaps redundancy, if they are not going to try and win new clients. Thanks again!


[SIZE=1][COLOR=blue]Data Protection Act Letter Sent 11th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Statements Received 30th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Preliminary Letter Sent 5th June 2006 - Offer of £25 Made by Halifax - REJECTED![/COLOR][/SIZE] [SIZE=1][COLOR=blue]LBA Sent 16th June 2006 - No Response Received[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Money claim submitted 6th July 2006[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Claim served 12th July 2006, Acknowledged by Halifax[/COLOR][/SIZE]

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9 minutes ago, essjaydee said:

 

Yes, I did think that may be the case - i.e. after working a certain way for an extended period, that in itself becomes the agreement. Thanks for your reply. I shall speak to them and see if we can work something out either for more work, or perhaps redundancy, if they are not going to try and win new clients. Thanks again!

 

One other questions relating to this:

If they refuse to make me redundant and instead continue to leave me with extremely low hours, to try and force me to quit, is there anything I can do? Can I argue that they have made my position redundant with the lack of clients/work, and therefore it is their duty to give me redundancy? Thanks.


[SIZE=1][COLOR=blue]Data Protection Act Letter Sent 11th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Statements Received 30th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Preliminary Letter Sent 5th June 2006 - Offer of £25 Made by Halifax - REJECTED![/COLOR][/SIZE] [SIZE=1][COLOR=blue]LBA Sent 16th June 2006 - No Response Received[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Money claim submitted 6th July 2006[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Claim served 12th July 2006, Acknowledged by Halifax[/COLOR][/SIZE]

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you are paid on a zero hours basis so they pay you for the work done. Nothing to force them to provide more work.

Why arent you at a job interview today, that is the real question

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16 minutes ago, ericsbrother said:

Why arent you at a job interview today, that is the real question

 

Thanks for that wonderful insight, but unfortunately, due to many circumstances that you have no idea of, it isn't as simple as just going and finding another job - hence me starting to work remotely with this employer some time ago. Thanks for your input though.


[SIZE=1][COLOR=blue]Data Protection Act Letter Sent 11th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Statements Received 30th May 2006[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Preliminary Letter Sent 5th June 2006 - Offer of £25 Made by Halifax - REJECTED![/COLOR][/SIZE] [SIZE=1][COLOR=blue]LBA Sent 16th June 2006 - No Response Received[/COLOR][/SIZE] [SIZE=1][COLOR=blue]Money claim submitted 6th July 2006[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Claim served 12th July 2006, Acknowledged by Halifax[/COLOR][/SIZE]

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Well, you arent working for them so you should have the time to look for another job and their treatment of you should give you the inclination.

If that isnt so it begs the question what do you want from this? a fat redundancy package? No chance and you already know that. Redundancy went out the window when you asked for the changes to your employment contract

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