Hi Rebel I gather that is the case and that they were initially dismissed en masse by text. The full story is here; http://www.facebook.com/pages/Les-Menuires-7/135799119875601 Many thanks TS

I agree with you Bigred that there are always two sides to every story but process is not being followed here and neither is duty of care in the dismissal of staff. Staff get dismissed, that happens, but you don't just leave them stranded. This happened with TUI's Sunsail in Turkey (I was working in the resort next door at the time). Staff were left stranded, thankfully TUI did get them all home in the end.

Depends what level credit check NFU has done. They may have used a third party to search or only done a partial search(this happens as full searches cost more). A full CAIS (credit advisory information service) will detail you and everyone at the address and it will include dates of birth so as to distinguish from one individual to another. Do the free trial on Experian as mentioned earlier. It gives full details of any records held. Make sure you include any addresses you may have lived at or used when applying for credit. Print it off and take to NFU. Certain roles in financial services do require fiscal probity checks to ensure employees are "Fit and Proper". Records can be incorrect but rarely. Usually though it is becuase someone does not know how to read a CAIS report. Good luck.

I have to agree, it's all an excuse by the employer and apparently not the first time he has done it.

Has anyone read this? It's not spam or an advert but an article about some young British workers who have been treated appallingly by a UK employer. http://www.dailymail.co.uk/news/article-2105475/British-ski-workers-barricade-luxury-chalet-pay-dispute.html These guys need any and all advice available. If anyone can give these guys advice then they can be contacted through Facebook as Les Menuires 7 or I'll forward on any posts. My concern is that as they may have a case under the ERA this employer might just pay up and then hit them with a large bill for use of the chalet during the occupation. There is a massive stand on principle here. Employers can not be allowed to think that because they are young and overseas, that the employer can make up rules as they go along. The employer has to not only follow the law in payment of wages but also has a duty of care for young workers who could be vulnerable if dismissed and left stranded. I've worked overseas in resorts and this employer is the exception. If any Emp Law Sols or HR BP's can pass any advice to them, please do. Many many thanks TS

So can they enforce this? I've worked in the mortgage industry for a long time but I've been working overseas for the last few years so I'm just catching up with the news. I've come home to discover they've switched my girlfriends mortgage to repayment from an interest only. I'm not as up to speed as I should be but surely they can't just vary the terms. I understand the background with MMR and the reasoning behind why lenders would want to do this but can they just very the terms of the mortgage contract in this way? Anyone any knowledge of this? As a side note and a possible a point of debate, isn't this contradictory? To just change the repay method without checking the customers affordability? Aren't they just assuming affordability? Then if the customer falls in to arrears whose fault is it? Many thanks TS PS I couldn't find a thread on this so if there is one please redirect. Ta

Thanks Fork-it. I went to the court, who have their own template. The Stat Dec hearing became a full on hearing. My Stat Dec request was denied on the basis that my request was outside 21 days and as I have made some payments and because a Distress Warrant has been issued, even though I explained that HMCS did not explain to me what a Stat Dec means. The court sol argued that I should have asked and pressed harder what a Stat Dec is, basically that ruling means it is not up too HMCS to be forthcoming to explain important and relevant information, instead the layperson defendant has to pick their way through all of this and work it out for themselves. But the good news (I hope) is that they have arranged a hearing with the originating court under a Sect 142 hearing. The court did help a lot in arranging that. That means a long and expensive trip to that court. Better than nothing I guess. The whole process is a nightmare. I'm eligible for Legal Aid but no solicitor will take the case. Some say it falls under debt, some say it is criminal law but too small to get legal aid. I went into court not knowing what was happening. I thought I was there to talk to the bench but spent 30 minutes explaining/debating to someone else who I later found out to be the court solicitor. Basically it was me versus a qualified solicitor who puts an argument to the bench why NOT to grant the Stat Dec. In matters like this the layperson does not stand a chance. With no prior knowledge of court process, nobody in court explaining to me who is who, no solicitor to represent (unless I pay which I can't afford) and virtually no knowledge of law the only option is to try your hardest and hope for the best. It is all very unfair. I can see why so many people would just give up, pay up and give money to the court and to unlawful threatening bailiffs. This system is a mess. I have also discovered that DVLA would have written to me offering an out of court settlement, I didn't get that offer as they also wrote to the wrong address. It would appear I no longer get the chance to accept that offer. I might not have any money but I am determined, bright and capable enough to fight this. No matter what happens in court I will still take this to The Parliamentary Ombudsman and to my MP. I will argue that HMCS are not user friendly and offer up no appropriate guidance. Also that bailiffs act unlawfully and as they are acting on behalf of HMCS, they in turn are acting unlawfully. Before court my intention is to request all information from HMCS and DVLA on this and do a heck of a lot more homework. Wish me luck and I appreciate all of your help and guidance. TS

FA Fork-it, Quick question re your post on bailiffs fees and EX345. Pretty amazing stuff in those links. For a magistrates courts matter under a distress warrant, will Marstons be acting as Magistrate Court CEOs or High Court Enforcement Officers? Their first letter had a scale of fees of £75 Compliance Fee (a letter I'm guessing) and £200 attendance fee. If their acting as Magistrate Court CEO's surely this is illegal and HMCST must know about this as they approve the template of docs that Marstons use?

Thank you Fork-it I'd like the chance to have my case heard, I'll plead guilty but the court can at least hear the circumstances and my financial situation. I just don't know if I'll get chance as they say I may not as some payments have already been made. I'm heading down to the court tomorrow morning. Thanks again.

PLEASE HELP ON THIS, over 390 views and only replies from Tomtubby and Fork-it. I really could do with some advice on this quickly. Many thanks

Thanks Fork-it. My local court tell me they have the letter/form there. The issue and my concern is this; "I've spoken with the issuing court. Initially they said I can not make a Stat Dec due to the time elapsed and because I have made some payments. I highlighted to them that in a conversation with HMCST payments office I had asked "I don't know what Stat Dec means but if I've been fined I guess I have to pay it?" and their only reply was to ask me how I want to pay. When they heard this the court staff referred the matter. The Court Legal Adviser then rang me and confirmed I can make one but it will be up to the court. I contacted my local court and they gave me the same answer that I can not make one due to time elapsed and having made payments. I explained the HMCST Stat Dec conversation and she said I can make one but it will be up to the court, she certainly hinted that as I have made payments I won't have much chance. I'm worried about the initial reply of both courts. Is there a particular point I should use to argue my case? Do I stand a chance here?" Thank you again.

How on earth do they get away with it??? Who regulates them? Who audits their work? I'm sure if they had to employ internal compliance officers and pay to have regulated audits many would just pack up and close down and then possibly we would be left with some reputable companies. Many thanks for that, very useful. Anyone any advice on what to do about this Stat Dec? Regards

Thank you Tom. This were I am up to so far. I've spoken with the issuing court. Initially they said I can not make a Stat Dec due to the time elapsed and because I have made some payments. I highlighted to them that in a conversation with HMCST payments office I had asked "I don't know what Stat Dec means but if I've been fined I guess I have to pay it?" and their only reply was to ask me how I want to pay. At that point they referred the matter. The Court Legal Adviser then rang me and confirmed I can make one but it will be up to the court. I contacted my local court and they gave me the same answer that I can not make one due to time elapsed and having made payments. I explained the HMCST Stat Dec conversation and she said I can make one but it will be up to the court, she certainly hinted that as I have made payments I won't have much chance. I'm worried about the initial reply of both courts. Is there a particular point I should use to argue my case? Do I stand a chance here? Many thanks

Thanks for your reply Tomtubby. HMCTS did state that I could make a Statutory Declaration, that was in a letter to me and it was mentioned during a phone conversation. My answer during that phone call was "I don't know what that means but if I've been fined I guess I have to pay it". The Statutory Declaration topic ended there. I did put that in my complaint, I have asked should the HMCTS person have explained what a Stat Dec meant? Should she have recommended I get advice instead of just remaining silent? I didn't mention in my complaint the Marstons call that you refer to you. Does it have a bearing? Do you think I should add that? Is it too late to go back to court over this? Many thanks IB

Help and advice needed. I'll start at the beginning and I'll replace real addresses etc with made up ones. I lived at 1 Alpha Lane, Anytown until May 2007 and then moved to 2 Bravo Avenue, Othertown. In November my car was towed away for no tax on display. (The car had gone to a garage for MOT whilst I was out of the country, garage went bust & sent the car back to my address, then it was towed). I paid £350 to get the car out of compound, it was MOT'd and I then taxed it. I thought that was the end of the matter. I sold the car approx Feb/March 2008. In Mar 2008 I left 2 Bravo Ave and moved abroad. I got back last year and moved into 3 Charlie Street, Newtown and I received a letter at that address from HCMTS saying a fine of £188 was outstanding. I wrote to them and asked what it was for. They replied No car tax Nov 07 and the fine was issued May 08 and that all correspondence had been sent to 1 Alpha Ln, Anytown (which I left in May 2007). I rang them and explained about towing & compound fees etc. HMCTS said everyone makes that mistake and compound fees are nothing to do with a fine that is issued later. So basically that if a fine is outstanding I will have to pay it, fair enough. As I was on benefits they contacted DWP and started taking £5 p/w. In November 2010 I started work. I rang HMCTS and asked if I could make a payment as I was now working. I was asked full amount or part, I said part as my wage was low. They said I would have to make an arrangement and they would send Means Test forms. The person said they would not take a part payment without an arrangement. December 2010 no forms had arrived so I rang again and they said they would send out forms. They didn't arrive. Letter from them Jan 2011 demanding payment in 14 days as I was no longer on benefits. I rang within 14days explaining still waiting for Means Test forms which I had requested twice. She said I could complete the Means Test over the phone(that had not been offered when I'd rung previously). I was on my way to work so I said that it would have to be tomorrow. I rang the next day from work and asked how long it would take as I was a on 30min break, I was told that would not be long enough and so they would send me the forms. A month later no forms arrived so I wrote to them with my own incoming/outgoings analysis and a proposed arrangement. They wrote back basically saying too late we've passed it to Marstons. Man from Marstons called at house. I asked for his ID, he showed it but said he didn't need to as he was not acting as an Enforcement Officer, just delivering a letter, £200 to hand deliver a letter! I explained issue with HMCTS amd I was on benefits, he suggested I ring them explain I am on benefits and that I should make a complaint. I rang them and made it clear I was not happy with their administration. They told me the onus was on me to pay this and why didn't I make a part payment? I explained I tried. They asked why didn't I go to their office? I replied because their address is a PO box. I made it clear that I wanted to complain, they told me I had to write in and they would put Marstons on hold for 2 weeks. (since I have found out the HMCTS process is that complaints can be made verbally). I wrote and they denied my complaint(no surprise) as they have do not have a record of some of the calls I have made. So I escalated my complaint against the HMCTS Regional office to HMCTS Petty France address(their HO and complaints desk) on the 19th May. I was still waiting for a reply. This weekend Marstons called at home and they delivered a card, see below. Now HMCST know that this not my house and I am not the only occupier, the card was open and not in an envelope.(I've removed my name, address etc) I think the content of that is shocking. As it was not in an envelope the other occupant in the house read it before I did, they are elderly and it is their house, they are now panicked and very scared. I now know I am going to be asked to leave this house. I sent an email Sunday night to HMCTS Petty France asking what is happening, why haven't they replied within 10 days as is their procedure? Why am I being pursued if this is a complaint? My email Sunday night included a Read Receipt and included a request that my email has been sent to relevant department. I've spoken with them today, the email was forwarded to the person dealing yesterday, someone has deliberately cancelled the Read Receipt and not acknowledged receipt. I asked why Marstons have called if this a complaint. They answered that is their way and that if Bailiffs gain access and seize goods and my complaint is upheld then I have a good case to claim compensation. That is a shocking and disgusting attitude. They told me to ring the Regional office, who I was told are aware of my complaint escalation and get them to put matter on hold. I've spoken with the Regional office, they were not aware of my escalation. They have basically said they cannot recall this from Marstons. One person said it was already on indefinite hold with Marstons and they should not have called, the next person denied that was the case but has put it on hold for two weeks. How do I sort this? I should not have to pay Marstons fees when I tried to make an arrangement with HMCTS. That card from Marstons is a disgrace. I'm guessing HMCTS will just close ranks and my complaint will be denied and then I'm just exposed to Marstons again. I realise this is a very long posting so thank you for your patience if you have got this far. Please, ANY advice will help. Thank you. PS At the time of the offence I had two cars, the offending car may have been registered to my previous address(1 Aplha Ln), I can't remember, but my new car was definitely at the new address(2 Bravo Ave). I paid Council Tax, car insurance etc for both cars at the new address, so why didn't they find me?