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    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself.View the full article
    • Point 4...you couldn't make it up..... so they don't need to disclose any copy agreement because they have already given you one at the outset. There is no legislation requiring the OC to retain a copy and they don't have access to the original agreement. 😆   So lets not bother with CPR PD 16 (7.2)   7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Doc1.pdf
    • Good. Well done. When you get report, tell us all about it and then we will figure out the best way to present it to Lord and to invite them for their comments.
    • I understand. Thank you.   Due to a change in their availability,  I'm getting a civil engineers report done this evening which should be finished by the end of the week.    
    • Thanks dx100uk. Here is my second draft of WS (.docx as well), not a lot changed. Advice much appreciated.   In the County Court at xxxxxxxxxx                                                                                            Claim No. xxxxxxxx Between: Lowell Portfolio I Ltd (Claimant)   And   Jasonaaa (Defendant) Witness statement of Jasonaaa I, Jasonaaa, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, will say as follows: INTRODUCTION 1.       I am the Defendant in this case and will be representing myself. The facts contained in this statement are known to me, save as where expressly stated and are true to the best of my knowledge, information and belief.   2.       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 to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.   3.       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 purchases debt (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.     DEFENDANT’S RESPONSE TO CLAIMANT’S WITNESS STATEMENT 4.       The Defendant states that no letters have ever been received from the Claimant (including any Notice of Assignment), with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.   5.       The Defendant claims that his request of November 2019 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.   6.       It is accepted that the Defendant has in the past had a contractual relationship with Vodafone.   7.       A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to credit agreements. The Claimant will argue that the debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice would have been sent. Whilst this might be the case, this does not exempt the Claimant from following Contract Law, where it is stipulated that where there is an official contract in place and there is an alleged 'breach of contract', the Claimant is lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied. The Defendant argues that he has not received any correspondence, in line with Contract Law, to notify him of the alleged breach. As such, the Defendant argues that the Claimant has not behaved properly, both in Pre-Action Protocol, nor have they followed the official guidelines set out by Contract Law in the issuing of the Default. The Defendant invites the Court to strike the claim out, on this basis, and argues that the Default is unlawful and should be immediately removed from the Defendant’s credit file.   8.       Considering the above, the Claimant has failed to provide evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to: (a) show how the Defendant has entered a Contract; and (b) show how the Claimant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   9.       As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.   10.   As the Claimant alleges to be 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.   11.   The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which is made up of the entire balance of the remaining contract, is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.       ORDER SOUGHT   12.   As the Claimant has been unable to disclose any agreement upon which this claim relies the Defendant respectfully invites the court to strike out the Claimant’s statement of claim.   STATEMENT OF TRUTH I believe the facts stated in this Witness Statement are true.   Signed: Jasonaaa Dated: 27 July 2021 Witness Statement 2nd draft.docx
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Sons Ex employer


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Hi All. 

 

I don't know if this is the right place. If not sorry. Also sorry but some of this might not be relevant but thought it might be due to backround of the problems

 

My Son use to work for McColl's as a Paperboy. They put the shop he worked from up for sale along with a few other stores, July/August 2019. This was part of a cost cutting restructuring measure.

 

just under a year later a husband and wife team brought it, everything went through fine and the official take over was the 3rd August 2020. At this stage he had been working for the company for 3 years. He also turned 17 this day. It was all legal as well he had a work permit and everything. He received a P45 and P60 from the previous employer.

 

At first everything was fine then around the November wages were late, Son was saying about arguments between the husband and wife on shop floor, the wife and Store manager, the husband and store manager, the Husband/Wife/Store manager and staff all on shop floor in front of customers. Staff were even noticing that at times the wife was very scared of the husband and would come in bruised .

 

At times papers would not be delivered that day and the delivery company was blamed but then Morrison, about 5 minutes walk away, had them. Staff started leaving across the board. They have a post office inside and even those staff were leaving. I also later found out by mistake that bills were not paid to suppliers of stock the council not paid for the BID funding and other bills. Ok l phoned some people and asked not my fault they gave me the info also bumped into ex staff members who told us.

 

My Son left in January 2021 and he said he was sick and tired of being treated like rubbish and the arguments at work chasing wages and the other problems. At one stage his boss even confronted his at college about a mistake that was not even his fault but the Husband/Wifes and told him not to do it again, new person wanting a paper but was not put on the list so he did not know. 

His wages did not turn up when they were meant to on 1st February and as result he had to chase every day.

 

I then sent a letter politely demanding his wages are paid into his bank within 24 hours at their expense or l would take matter further. They were paid the Monday 5 weeks after he left.

 

He has not received a pay slip since the new people took over, l also think he was not being paid correctly as he was doing a hour a day and being paid £16 a week at one stage then it did go up but not by much. He had not received a P45 or a P60.

 

Am l right in saying he should have received the P45 and P60 or did the previous company make a mistake in sending them. He does not want to make a complaint re the way he was treated by them. 

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I think your question might be, should he get a P45 and a P60 from the new employer?

 

Or it might be, should he have been TUPEd over to the new employer.

 

Can you clarify? And also state why this has become a concern?

 

Thanks.

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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During the change over period for about, 6 weeks, there was a series of meetings. About 3 in 4 weeks. Due to his age l attended them with him. We had to sign paper work to say we was happy with his details being passed over to the new company should he be staying Employed by them. I assume they were as he  was still paid. 

 

He now does not work for the new employers as of January 2021. He never received payslips nor has he received a p45 or p60.  

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Hi,

 

I am afraid I still do not know what your question is.

 

Em

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My 6 year old can understand the question so how you cant l dont know. 

 

When he left the new company he never got a P45/P60. Should they have issued them by now. If so how do we go about getting them. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I'll leave your six year old to reply. Good luck!

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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A very rude answer to a well respected Site contributor and hardly the way to encourage others to answer.

 

In any event, the most recent employer should have given YS a P45 showing pay and tax (if any) from 6/4/20 up to the date of leaving.

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My Son was not Employed by that company on the 6/4/20 as they only officially took over on the 3/8/20.

He does have a P45 from the previous company up until the 2/3/20. So am l to assume he should have the P45 covering the 3/8/20 to date he left. Also what about payslips. Money was being paid into the bank so they claim he does nit need them but then again how does he know he was getting the right amount of pay for the hours he done. I am guessing he was not. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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P45 for date of leaving recent employer should show cumulative pay and tax from 6/4/20 to date of leaving. It doesn't matter if YS was employed ON 6/4/20 or not.

 

The P45 from McColls should have been given to the new employer but, as it was a take-over, the new employer may have used the correct figures anyway.

 

Unless YS had tax deducted on his wages, the P45 issue is less important now we're already in a new tax year.

 

The right to payslips and rates of pay would have been something Emmzzi could have helped with, but that's probably a bridge you've already burned.

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If the employers have not done what should be required, then I would suggest contacting Mccolls head office, if the local store owners have not done what is required.

 

I replied thinking he was under 16, but as a 16/17 year old, then the employers have duty to report to HMRC and provide payslips.

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Per para 3 above, son turned 17 in August last year :-)

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Yes i have amended my post.

 

I suspect the main parent company McColls has some responsibility for the individual stores, during the process of change over periods.   Therefore McColls head office should be able to ensure required actions are taken.

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The main parent company is actually Morrison's...who would have thought !

 

https://www.insider.co.uk/company-results-forecasts/mccolls-closes-179-stores-despite-23145634

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Morrisons.  Did not know this !

 

This is the address for McColls

 

McColl’s House, Ashwells Rd, Brentwood CM15 9ST, United Kingdom  Telephone number  01277 372916

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Its not owned by McColls/Morrisons any more. They sold a load of stores off of which the store in question is one. It got sold to a husband and wife team. I did say in the original post its no longer own by McColls. 

 

Its hard to say who its owned by as the shop now has no name above it. When they first took over it was Budgen of xxxxxx. I phoned Budgens head office, bookers, when l was trying to get the wages issues sorted over pay but they said they removed them.in December due to lack of payment

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Quote

 I did say in the original post its no longer own by McColls. 

 

Yes we are aware...it was just a general comment of interest as some are still owned by Morrisons...yours must now be an independent.

We could do with some help from you.

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Yep very much independent. They now sell a lot of food with foreign names and instructions. The other problem l am finding is English is not first language.  

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well your Son could report them to HMRC for the failure to report information, if they never reported the earnings information.   If HMRC were to get involved, it might teach them a lesson that they need to understand their obligations as employers.

We could do with some help from you.

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Hmm thats a idea. May give them a kick up backside. 

The Original Company, McColls, We never had a problem with. Tho he has said he cant find the payslips but he does have bank statements. Especially after then 16th birthday 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Any specific department cant seem to find idiot ex employers department phone number. From my Son

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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We could do with some help from you.

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Thanks UB. Its not been a good few days. i will get back on top of this Monday should have a clearer head and more time as kids back at school hopefully.

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license. 

What more can l do. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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What information do DVLA need for a provisional licence ?

 

Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.

 

 

 

 

 

 

 

 

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Its because he does not have a passport. According to the rules they have said he needs to provide certain documents yes a birth certificate and yes proof of National insurance number but other than that they are asking for more. He has a bank statement but thats it other than the P45. 

 

 

https://www.gov.uk/id-for-driving-licence

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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