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    • the 5.1 is better for that solo from jeff   if you go that way again get pictures of all the signs inc the small print where they are  and the machine ones. and the view from the public road 
    • Hi dx100uk,    OK will do, I'll wait for that possible stage to come and keep this updated when I can.   I didn't buy a parking ticket.   Kal   ...       Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️    
    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
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nativestranger

New employment during furlough

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What are the legal issues regarding someone working whilst being furloughed? I am a supply teacher and the agency has furloughed me, however the pay is so low I am unable to pay my bills. I am also not entitled to universal credit because it is more than I will get on universal credit.

 

i was already struggling before the pandemic and now my situation is dire. So I am trying to find employment during this time in hope of making getting extra cash.

 

If I am able to find work with another employer, during the periods I am furloughed with the agency would I be required to pay back the furlough payments?

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Hi NS,

 

My understanding is that you should only work on a 2nd job outside of the hours you would normally work with the job you have been furloughed from.

 

Put another way, you shouldn't be working on the 2nd job during the same hours you're being paid by the agency.

 

If you DO take other work, your 2nd employer should deduct tax on ALL that you earn because your PAYE allowances will be used against your main earnings. This is known as "0T - Week 1" or BR - "Week 1".

 

So long as you declare the income at the end of the tax year (after 5/4/21), the tax can be checked and sorted.


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Posted (edited)

You can work for another employer providing your contract with your first employer (the employer who has furloughed you) allows you work for other employers. Each job is treated independently as far as furloughing under the CJR Scheme is concerned as long as the second employer isn't linked or associated with your first employer.  If you get a job with another employer your agency doesn't have to repay the furlough money to HMRC.

 

As a supply teacher I imagine you are allowed to work for multiple employers with no constraints about what hours or times of day you can work, but check your contract.

 

Official guidance here https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

 

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image.png.24af08ae597bde5a4101fe54882ef015.png

Edited by Ethel Street

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Thank you Ethel and Slick, much appreciated. 🙂

Looking for work but nothing yet.

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