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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are 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.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, 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 credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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TheMechanicsWife

Garden Leave Pay

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Hello,

 

My Husband handed his notice into his employer last week... The company immediately told him to leave the premises and that he was officially on 'Garden Leave' - The work he does whilst not specialist, is very much commission based and as he cannot attend his workplace, he cannot earn what he would normally for the time (3 months) that he has to sit out his notice (if this is to be the case). Is there anything to protect against this or is it a case of suck it up and see out the time on his basic pay.... Any help appreciated.. Tilly x

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depends on what his contract says about commission and how it is paid.

How long has he been there and what commission does he earn and how is t calculated? Employment Tribunals have made decisions against companies doing this so he may well have a clai for lost earnings.

nothing to stop him ding a bit of other casual work in the meanwhile as well

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It gets a bit complex here.... He doesn't have an up to date contract, his last contract we have is one he got a couple of years back for a completely different position that didn't work out... He was shunted into another position lower basic salary plus commission but has never signed a contract for that position. We can prove via payslips that commission has been paid in his role since he took up that position and have a copy of the commission bandings payable... Tilly x

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no need to sign a contract, he accepted the terms and pay for a period of more than 6 months so it will be legit.

however, that doesnt answer the questions as to how commission is calculated and paid.

he should do some agency work or whatever to make some money, perfectly allowable as no company owns you

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Thanks ericsbrother. He is paid a percentage on profit from sales one month in arrears. He has covenants in the contract preventing him working for any competitor for 3 months.... They're saying that he won't be paid his commission now as he's put his notice in...

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Hi.

 

It sounds as if you OH is going to work for a competitor, is that right? If they're putting him on three months' gardeneng leave, are they going to pay him his basic salary?

 

Covenants like the ones in his contract aren't always enforceable, maybe one of the experts will comment.

 

HB


Illegitimi non carborundum

 

 

 

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They will need to prove the covenant applies to stop the bonus because as you explain it there isnt a clause that says he doesnt get it otherwise.why did he give 3 months notice? A month is usual unless the contract is agreed differently such as aschoolteachers not being able to leave until the end of temr

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Update - He got a letter through stating they'd accepted his resignation and the termination date was retrospective to the date of his notice letter and they would pay him lieu of notice. As the contract says 3 months notice, should he get 3 months... In error, he only put 1 months notice in his resignation letter, so I think he would be only entitled to 1 months pay or am I wrong... It appears they are trying to say they do not need to pay his commission owed if he hasn't been at work... There is nothing in the contract that stipulates commission but we have all the evidence to show it exists and has been paid up to him putting his notice in and he is owed it.... Many thanks Tilly xx

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well if they are giving him 3 months pay I would forget about the commission.

If they pay him 1 month then he will need to consider what has been the norm fo commission as they cant not pay what is due from the past unless they have a specific clause about only paying it if you are still there in the relevant year for example. No clause  like that and what has been custom will be the rule they have to apply whether they like it or not

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As suspected, one month's pay only... Seen a Employment Law Solicitor today who says with the evidence my husband has  presented, he will have a definite claim - there is no clause in the contract that says you will not be paid it in the event of leaving - Another ex-employee has confirmed they received their commission when they left and will give us all the details... Thanks ericsbrother for all your help. Tilly xx

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there is case law on this so an employemnt lawyer will know the ins and outs of it.

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