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    • @FTMDave  -  Simeon's had a go at incorporating the attachments at #100 (I think?) but I think what he's done needs tidying up.  But as you say that's just an admin/clerical task and all simeon needs to do is to ensure that it all hangs together and makes sense.  Doesn't require specialist knowledge.   I agree with your comment regarding my paras 13 and 14.  You've made it clearer than I did!   I've also advised simeon to incorporate the report he got from the surveyor.  (Was it Hale Survey Limited?)  Let's see how he got on.   Oh - I also introbuced an error in my draft.  I had simeon down as paying the piling company £3300 but it was only £3000 (I think).  Simeon needs to check that the correct figure is in.  (Simeon had corrected my error* in #100.  I think you may have missed that because you've got a day job to do!)   Oh - and of course simeon needs to ensure that he has taken account of the corrections you have made to the claimant/defendant terminology.   Apart from the above and the interest, I'm not sure if anything else is required.  It's up to simeon now...    *I think the only thing simeon changed in #100 from my earlier draft was the piling bill from £3300 to £3000, and he attempted to add the attachments.  It might have been better - and less confusing for you! - if he'd left that until you'd completed your amendments.  Ah well...
    • We don't need the claim form, they are standard so we know what they look like.   We needs (a) the fleecers' particulars of claim verbatim with the amounts they are claiming, and (b) the date of the claim so we know the deadline for getting your defence in.
    • I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.   Obviously the piling receipt has to be linked to (10).   As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.   If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.
    • Hi, I’m really scared and nervous to write here, as I’ve never done anything like this before.    I had a telephone DWP compliance interview the other week, when I had the letter I thought I’d been called up at random as I couldn’t think what I’d done wrong.  In 2016 I started an open uni course part time as I was working, however a few months later I suddenly became unwell and was off work a year before finally becoming dismissed. I had to claim ESA while I was still employed as I hadn’t paid enough tax. My mum helped me make the ESA claim over the phone and one of the questions was ‘are you in full time education’ which I replied no to, but we said I had as at the OU part time.  I had to attends job centre visits and told them again about my open uni course, and every year I phoned up for a letter to confirm my ESA for my student fee loan and a part time grant.  The compliance officer is investigating me because I hadn’t declared my studying even though he had it down that I said I was with them. So I’ve had to send in all my information on my student grant which is £1155 a year.  I’m terrified of what is going to happen because I’m sure they had everything down about it all. I’m still claiming ESA for my illness and I’m in the support group, and I’m upset because I’m sure everything was down.  I just wondered if anyone knows what’s going to happen to me.    Best wishes 
    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
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SSP and Holiday entitlement


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Hi, 

I wonder if anyone can advise here.....

 

I have been with my employee under 2 years, it'll be 2 years at the end off the year, but I was on the shielding list due to my illness and have been off work since Jan. I had to get emergency surgery at the end off march and ended up staying in hospital nearly 2 months and was touch + go, but I'm here.

 

So I obv had to let my employer know that I would be off. I had an Occy Health call and we decided that I could return to work but on a reduced working week and start gradually working longer hours.

 

I lasted 2 weeks as I was exhausted so had to get signed off again and am waiting to go back into hospital due to my illness. I had another Occy Health call today and she was trying to tell me what was wrong with me, we obv had a disagreement but my employers obv had certain questions to which I answered honestly.

 

I am now starting to think that they wish to 'get rid off me', I could be wrong but that's my feeling. I am covered under the DDA and they have acknowledged this and when I call work to say that I'm off, they keep asking when 'i'm coming back as they are short staffed'.....so my question really is, what can they do in terms off my employment?

 

Any help/advice is much appreciated 

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Hi,

 

I'm sorry you are having health problems. 

 

The DDA has been superseded by the equality act, so I worry that the advice you are getting may be a little out of date.

 

An occupational health referral at this stage is probably seeking to advise on when/if you are likely to return to work. They need an idea of that to know what the next steps are. A few months - they might hold the job open. Longer, after the time off already, that just may not be viable - they need the work done. As long as you are on the books, you still accrue holiday, and various other costs for the employer. That probably won't go on indefinitely.

 

So the question is, are you going to be fit to do the work, and if so, when? Harsh as it sounds, your employer needs a job done, and while they have a duty to make "reasonable" adjustments, they are not there to replace out of work benefits.

 

  • 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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On 03/09/2021 at 22:10, honeybee13 said:

Hello, welcome to CAG.

 

I expect people will be along later to advise you. In case it helps them, would it be possible to give us an idea of what your health problem is and what sort of work you do, please?

 

Best, HB

Thanks for reply, I don't/can't say to much due to the fact that there is eyes + ears everywhere! But I have a long term chronic illness, Crohnsccolitis, have had it for near 20 odd years. 

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So they definitely need a log term medical opinion on that one. Some people can manage the symptoms to the point where they can work, and some are sadly unable to.

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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34 minutes ago, Emmzzi said:

So they definitely need a log term medical opinion on that one. Some people can manage the symptoms to the point where they can work, and some are sadly unable to.

Hey, I have worked all the way through it. Iv had 3 major operations and have obv been off recovering from them but it's one off those things where it's incurable so I just carry on. Hard some days though, especially doing a 9+ hours a day......

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So right now, you have had a hospital stay, and after that, you were able to work for two weeks only. And right now you cannot work.

 

Your employer needs to make a decision about whether you can actually do the job, or not. They can't hold a vacancy on the off chance. They employed you because they need a job done.

 

If there isn't a reasonable date for you going back, I would expect them to start an ill health dismissal process. Sorry to be blunt, but forewarned is forearmed. Happy to advise on correct process if it gets to that stage. 

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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  • 2 months later...

Hi all, need some advice.

 

I went through major surgery in April that's when things went a bit wrong.

 

I've been off work for more than normal. I've been on SSP and due to return back to work.

 

My question is,

I have nearly 20 days 'holiday entitlement' but my employer is rejected my application for them and will not carry them over.

 

They work on a 'dont use it then you lose it' policy. Now obviously  outside of my control that i've been off work but I'm not sure where I stand on this.....

 

Can anyone help or point me in right direction?

 

Thank you 

Edited by dx100uk
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old and new threads merged for complete history

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello,

 

they can refuse to carry over any non statutory holiday (statutory for full time is usually 20 days  plus however bank holidays are handled)  So if you get eg 25 days, they could legitimately have a policy of 5 days not being carried over.

 

You would get leave / holiday pay instead of sick pay, not as well as.

 

It also depends a bit how long you have been off for. Carry over limit is 18 months.

 

See ACAS for more info.

WWW.ACAS.ORG.UK

What happens to pay if sickness and holiday occur at the same time. Includes information on taking and building up holiday while off sick long...

 

 

 

 

Edited by Emmzzi

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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