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    • Hi.   What reason/s have they given you for declining please?   HB
    • 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.
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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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yes, you will need to know when the holiday year starts and ends, some ar jaqn to dec, others april to march and so on. Many schools and colleges use sept to aug

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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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Hi thanks yes that’s correct, I’ve looked it up but it is very vague and the company are saying that he wasn’t affected. By COVID 😕 

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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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