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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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Hi

 

I'm hoping someone can help me on behalf of my son. He is 20 and has been an apprentice Service Administrator for a Honda dealer for the last year and half, maybe a bit more

 

He was supposed to be allowed time during working hours to complete his assessments but the workload has always been too much so has not been given ANY time to complete his coursework, they have expected him to do it in his own time at home. 

 

He has now completed it and submitted it as once this is complete they have said they will take him on as a full time employee but seem to be dragging their heels. It was due to be done back in March. 

for now he is still on an apprentice wage of something like £9k pa, working 8-6 when his hours should be 9-5

once the apprenticeship is up, his wage will increase to around £22k pa

 

The question I have is that as they are so busy, he never has time to take a lunch break. He had a quiet 5 minutes one day last week and snatched a moment to look at his phone, his manager told him to 'get off his phone and do some work for a change'

 

I have been in there before to request a secret leave for him as his girlfriend had booked a surprise trip for him and was told by his manager that he is the hardest working in the team, he is polite and helpful to everyone and they would seriously be lost without him. So the comment about 'do some work for a change' is an absolute liberty

 

Also, he informed me this morning that he was short paid in his wages by £30. He mentioned it to his manager and was told that 'it's such a small amount, payroll wont even bother about it so forget it'!

 

He has said on a number of occasions that the company don't really care about it's employees. He is now expected to go in early and work late as one of the other sites have closed and all of their booked services etc have been given to the branch my son works at meaning they have even more to do with the same amount of staff. 

 

He is stressed beyond belief but frightened to say anything in case they cancel his apprenticeship and make him pay back the costs, and be out of a job 

 

is there anywhere he can go for advice, apart from internal HR who are just as useless?

 

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Hi.

 

People should be along to advise over the course of the day. From what I can see, the company aren't doing what they're meant to, but other people have more knowledge than I do.

 

If your son's an apprentice, is he attached to a college? I thought they were meant to keep an eye on him.

 

HB

Illegitimi non carborundum

 

 

 

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Thanks for your reply

He was attached to a college yes but I think he was only visited in the very early days. Now his coursework is completed I am not sure if he can still contact them but I will find out

 

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I don't know much about apprenticeships but I believe your son should have had a contract, although that may not help if and when he becomes a permanent employee.

 

 

Illegitimi non carborundum

 

 

 

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Hello,

 

if he is at the end of the apprenticeship and the coursework complete, then personally I'd sit tight until he has his qualification. I think around 20th August as a big day for results in England; check with the college what the qualification is and when he will get his results and certificate. It may be that he has misunderstood "end of the course" and "being qualified" and the employer is rightly waiting to see if he passed.

 

You also need to check the apprenticeship agreement to see if it mentions anything about repaying fees. If fees have come from the apprentice levy, that's unlikely. But have a good read.

 

After that, he'll have to choose if he wants to take action (easier with a union behind him), find a new job, or put up with it. That's kind of the only routes I can see. But I think you both need more information first.

  • Thanks 1

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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Thank you 

I will go through his contract and have a read

 

I'm pretty sure not paying what he was short in his wages is illegal though! Saying payroll wont even bother with it as it is such a small amount is beyond belief! Shouldn't matter if it was £3 or £30, he earned it and they have kept it. Just makes you wonder how many people they do that to and get away with it 🤬

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Indeed, but pick your battles; or rather, time them well!

 

Make sure he actually gets his qualification first; that's most important for his future.

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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As apprenticeship schemes are partly funded by govet there will be a reporting mechanism via the college he does day release etc at so that is the route to go with a grievance. His senior tutor should be the first contact.

Now the govt doesnt want their schemes abused and the collges have a bit of self interest so things may not be obvious as far as changes go but there will be meetings and you can bet that the employer will be spoken to. often reporst go out to other emplopyers who send their apprentices on the same courses so word will get around if they dont start to behave a bit better.

Ultimately when he has finished he can also let Honda Uk know what their franchisees are up to.

The pay shortage happened when? if this financial year it will be easy for payroll to correct so immediate boss just talking rubbish. If son has left it a while then they will huff and puff but will sort it out if approached but that means son must bypass bully of a boss

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I haven't had a chance to read through his contract yet but he is insisting that it says of he leaves his position within 2 years he will have to pay back his course fees.

I will read it properly though and get back to you 

Thanks for your help so far 

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