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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. 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 which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. 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 debts (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.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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salary correct?


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Hi there.

I have a bit of a strange question to ask.

I am part of a small team and we all do exactly the same job, Our salary is based on four increments, starting on the lowest. one increment is increased each year of service in the job until you come to the top of the scale. I have been doing the job for over a year now and I received my second increment in April.

 

Two new employees have just started on the first increment. However our manager advertised the job at a higher salary than what it should have been by mistake, and the employees accepted the jobs based on this salary. This amount is equal to the second increment. After arguing the case the company have had to pay the new employees at this higher salary and rightly so, it was the companies mistake.

 

(I am getting there!!!)

This is my bit of a beef! Because of this mistake it means that I am being paid less than the two that have only just started, when actually I should be on the next increment up to them as I have done a years service. So they will be on a higher salary for doing the same job for less time. Does this mistake mean that the company should re-assess the salary for all of us, or should it just involve the two new ones?

 

Thanks a lot, hope it makes sense

Any advice appreciated,

X

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You have the right to be paid the same amounts of monies as a colleague doing the same job.

 

Do these new recruits do the same job? You could argue that your experience is worth more and that your contract, I assume, means that you would always be on one stage of higher pay than somebody who started a year before you. This isn't the case obviously.

 

Also, everybody above you would then need to be adjusted.

 

How many people do you think are affected by this?

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Hi thank you for your reply.

They do exactly the same job. You are right about the job, I should always be one increment higher, as the two people who started before me are always above me in there salary. I just didnt know legally if this had a knock on effect on me.

 

There are only 5 of us at the minute.

 

Thanks a lot for your help

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Sorry to say but your employer does not have to pay you a higher rate. However most will if approached agree that its unfair and will try and come to some deal with you.

 

Go see them, tell them that you now feel under paid and under valued, be polite and keep your fingers crossed.

If my comments have been helpful please click my scales

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my union has full legal assistance.

 

So did mine.

 

Still didn't mean I could have full access to it as the first point of call were the reps-most, if not all, had not even basic knowledge of employment law. Hence, only a tiny amount of the union's accounts showed payment's to their lawyers for advice given on individual matters.

 

Useless.

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If your local union rep can't advise you, you have the right to contact the Unions local or head office to speak to someone who can.Unions are sometimes given a bad name mainly through reps who either have not been trained properly, or they do not know the company procedures.

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