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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Holidays not Paid


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My partner started a new job and notice handed in correctly etc,

 

As he worked through out covid, we was under the impressions any holidays left would be carried over due to the temp law, the company never confirmed or deny and even assist with anything during covid just emails to say not in office. 

 

We have worked out on the gov holiday calculator that my partner should get paid 18 days holiday, but they only paid 5.333 days and are not responding to any emails or calls, it is over £1000 in money missing as he works 12 hours shifts, are they correct not to pay him any holidays owed to him before covid? 

 

thanks 

 

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After getting hold of the company, they state they have paid me 8 days (they have not as i work 12 hours shifts) and they paid 64 hours which total 5.333 days, they are now saying as my site was not affected by COVID they do not owe me anything and charged an admin fee of £20 for helping in getting the SIA badge but this have never been told to me! 

 

Site was affected by COVID as the hours I was working was 60 hours a week, but then another site was shut due to covid so my hours and days dropped to 4 on 4 off, and if i work out my holiday entitlement through GOV website it states 1.66 weeks and i work that out as 11 days, they are refusing to assist 

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I assume your holidays run from March to April or something similar. As far as i know your holidays continue to accrue - covid or not, especially since you kept working they have no leg to stand on.

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thanks for help, so ACAS helped as much as they could and ended up doing early conciliation. 

 

So holidays start from 1st April till 31st March, 

My Partner started 9th Feb and finished on 17th July and 0 hour contract. 

 

Before covid was doing 60 hours a week then covid and was 4 on 4 off, but nothing to say this. 

 

We worked out it is 1.66weeks 11.62 in days to be paid from the period, he was paid for 8 days after (at only 8 hours though not 12, but we sorted that bit) 

 

I know it's only 3.62days still owed but its a lot of money to us at the moment. 

 

When acas spoke to them, they said same to us, that my partners site was never affected by covid and that he could have taken holidays at any time and that he was told when he started the holiday periods.  but then covid happened and nothing the office staff were furloughed and emails to the office stated this. 

 

we are not sure if it is worth going to court as ACAS said that as it is over 3 months ago we may not have a case to take, but then it makes you think how many other business are going to get away with this. 

 

 

 

 

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So it sounds like you are after the holiday he accrued between 9th Feb and March 30 which you have worked out to be 3.62.

 

Does the company allow holidays to be carried over to the next holiday year? most companies allow 5 days some don't.

 

If your partners company don't allow carry over and he doesn't use his holiday he looses it.

 

However there is a new rule for covid to carry over holidays over the next 2 years - look that up

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I don't think its worth going to court over - cos he carried on working as stated he could have taken his holidays if he wanted to, in which case they will have to stop him due to staff shortage or other business reasons.

 

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#holiday-entitlement

 

And considering the holiday year ending 30th March, most business in the UK were fully operational at that time and lock down was after (i think)

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