cleanslateguy
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I booked to go to Australia via Skyscanner on January 10th - £1430 via agent Travel Trolley based in Southall UK. Etihad flight to Abu Dhabi and then to Melbourne and return April 2020. Flights were canceled by airline and emails sent confirming this on March 18th. I began contacting to request a refund even before consumer action groups started to remind people of UK Law and EU Denial of boarding regulation which entitles money back within 7 days. Airlines are trying to bail out their own business with consumer money which is wrong. I have emailed to refuse a voucher as I don't know if I will be able to go to Australia or what will happen. I emailed on April 21st stating that if I am not refunded I will then be forced to go to small claims and I sent an email stating my next will be Letter Before Action notifying them of potential costs in solicitor hours + VAT, time for letters/emails, court fee itself which is £125 plus travel expenses to go to court so it may be a total of £2300 being reasonable and not being a disproportionate cost: I got a PHONECALL from someone at travel trolley stating that they WILL refund me but it is taking longer to get money back. The same dude now send me an email after I ask for an update today, stating that I CAN CONTACT THE AIRLINE. I would like to move to small claims as I have already been through it twice before and know the process. has anybody had success or similar experiences?
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Thanks a lot Andy. My main concern or question,. i guess, is can i submit my counterlclaim for disrepair and damages at a hearing for a claim for posession (as per normal rent arrears etc...)?
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These are pre action protocols for claims under Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. I do not have a mortgage and the above link would be incorrect for the question posed. My question relates to Section 21 posession claims and counterclaims....
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Thank you very much for your response. The only section in the original post I wish to be addressed is the first part: Can i Counterclaim for damages and delay eviction in Section 21 Hearing? I know there are Pre-Action Protocol for Possession Claims by Social Landlords in court... What is applicable in the case of posession claims from private landlords?
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4 years of disrepair that was finally repaired after council involvement. I need to claim for damages over those 4 years and illness and rent abatement due to the property that should not have been let due to cat 1 and 2 hazards and mould. Notice given to LL at the very start and always ignored.... Also... court action was taken for posession before the end of the fixed term. Also.... landlord did not have a valid licence prioer to issuing section 21 which renders notice invalid via council. Also.... Technicality.... different names and addresses used in tenancy agreement, court papers.... different surname I am very confident I can have the case thrown out due to the invalidity of it but can one do this or is it only against a section 8 notice that one can claim against rent arrears and damages etc?
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Can anyone comment on a landlords necessity to be licensed or section 21s being invalid? It is quite new.
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I have sent a very interesting without prejudice offer to the LL. It's not the nicest of two options but i have a hands down counter claim to win as I can state multiple breaches of contract that all violate sections of housing act and landlord and tenant act. Issues were prevalent and existing prior to my moving in and i was allowed to move into the property despite it being hazardous.
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What about these?: https://www.croydon.gov.uk/housing/privatehousing/croydon-private-rented-property-licence/information-for-tenants "As a tenant you will receive better protection from eviction as a Section 21 Notice is invalid if a property is not licensed." http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants "If your landlord breaks tenancy deposit rules In many cases, a section 21 notice won't be valid if you paid a tenancy deposit to your landlord or their letting agent and any of these apply: it wasn't protected in a government approved tenancy deposit scheme the deposit was only protected more than 30 days after you paid it your landlord hasn't given you required information about the tenancy deposit scheme used" https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy "You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term." I signed a new agreement annually... my fixed term ends 30th June 2016
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There are no particulars of the claim form other than, date of moving in, and that a notice was served. It is a Section 21(b) that was served on the 13th of March 2016. The end of the fixed term is 30th June on the tenancy. The date it gave on the Section 21 was 18th of May. In Section 21 of the Housing Act it states that eviction cannot occur before the end of the fixed term which ends on 30th June in the Assured Shorthold Tenancy. I have a landlord who has commited multiple breaches of the Housing Act and contract set out as per the tenancy agreement in failure to maintain the property to the standards set out by the Housing Health and Safety Rating System. The breaches of this are listed in the CMB Inventory that was given to me upon moving in 2012 so none of the issues are new and all pre-existing prior to moving in. First property I had ever lived in and was unaware of all my rights prior to this or in the short time after moving in. I now know. There is no Part 20 on any form that I have for defense nor for the claim form for accelerated possession of a dwelling.
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Any help on this would be appreciated as I have to submit it this afternoon. Many thanks to all of you who can contribute.
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I am currently as I write this filling out my defense form to send to court.
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My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
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The Letter states: 12th April 2010 I am delighted to confirm your change in role from Trainee Sales Executive to Sales Executive as from 1st April 2010. Your new Salary will be £11,000 per annum and you will benefit from a non-contractual bonus/commission scheme. The company reserves the right to alter bonus schemes periodically. All other terms and conditions of your employment will remain unchanged. I would be grateful if you could sign and return to ADMINISTRATION at BRANCH, one copy of this letter as acceptance of change. DEALER PRINCIPLE Contract: IN the handbook it states that NON-CONTRACTUAL COMMISSION AND INCEMTIVE BONUS SCHEME OPERATE IN SOME DEPARTMENTS. ANY SCHEMES ARE COMPLETETLY DISCRETIONARY (Discretionary in terms not in whether you get paid or not. All must be paid for work done) AND WILL BE SUBJECT TO TERMS AND CONDITIONS AS THE COMPANY SEES APPROPRIATE (which means they can change the scheme parameters if they wish to do so) THESE ARE INDIVIDUALLY NOTIFIED TO YOU BY YOUR LINE MANAGER AND MAY VARY FROM TIME TO TIME. COMMISSION PAYMENTS ARE MADE ONE MONTH IN ARREARS.
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Hello. Of course I have a copy of the contract. There would be little point in me even coming here making a thread if I didn't I have everything I need to prove that I was entitled to commission just like everybody else. I have a letter dated 1st of April declaring my change of position formally and that I WILL benefit from the commission scheme as per the employee handbook which I also have and the scheme which I also have details about what percentage of what is entitled to of a sale that is made. What I require some advice on is process and order. Money claim etc. Have you ever done this yourself Emmzzi?
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1. Not made redundant 2. Everyone is on probation in every company even when being paid commission. 3. If you retail a vehicle, there is money there to pay for everything as you are receiving commission due to making profit that would not have been made had the executive not been there to deal with the clients and serve them/sell. 4. Employed from Jan 2010 - April 2011 5. The Scheme is discretionary.... not the payments themselves. It is a discretionary commission scheme which means they choose who will be on the scheme and who is entitled to be on there. The letter states that you WILL benefit from the discretionary COMMISSION scheme. This does not mean that one may or may not be paid dependant on how the Managers/CEO feels at the time of paying people at the end of the month.
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One aspect of this,... is that if the money was paid to the dealer principle by himself, then you have wage theft correct? But one has to have some evidence of where the money was paid to.
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I have a template of what the commission scheme was for 2010 including that period The salary was below minimum wage and one signs for this. At £10,000 per annum. I have sent a Letter Before Action letter. the next step is moneyclaim is that correct? I have never claimed for money via courts.... is there always a hearing? Is all evidence presented online? Do I Have to scan the world?
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An employer cannot choose to NOT pay you unless it is going into administration or cannot afford to do so. If everyone around you is getting paid, then you must also be paid. The case of Kent Management Services Ltd v Butterfield 1992 dealt with an employee's claim for unpaid commission. When Mr Butterfield's employment came to an end, he received only £1,227 of a £2,494 bonus which he was entitled to. The contract of employment stated that commission and bonus payments were discretionary and ex gratia. The Judge decided that it was in the reasonable contemplation of both parties that the commission was payable, and there was no suggestion on the documentation, nor in front of the tribunal that there were any special circumstances for non payment. As such, the full amount was payable. Whilst discretionary schemes can be varied and altered or even abolished, whilst they are in existence, the general rule is that if the commission or bonus is earned and expected by the employee, it must be paid. ------------- Unless there is a good reason why an employer cannot pay the full amount, then it is payable. This will not protect an employer.
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Steampowered - Thank you for posting. You are correct in that April will be easy, March difficult. However I have been paid a small amount for March but unpderpaid for the commission. You either get paid or don't get paid. If the company made an error for April, then this is the gateway to March payment as the judge may see it and think.... hmmm,, if a company is wrong about one thing, what else are they wrong about? If I had nothing to back up my complete claim for April, then March would be all but lost completely.... In the motor industry, if you sell something full stop, you are paid for it. You have made money for the company. It even states that a trainee does not sell. I was demoted by the Dealer Principle and taken off shop floor, hence why I have no orders for May 1st to May 21st. And I have order forms to prove all sales. They are in my name.
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I did not know I could claim. Also I was busy working trying to stay alive between you and I so I never thought back to it until I saw cases of unpaid commission being paid back.
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For April is the month I am mainly going for because that is fully written with all proof. I have just written this letter: LETTER BEFORE ACTION Dear DUDE, Thank you for replying to my second letter of concern regarding my unpaid commission. I still feel that there has been an oversight on your part of monies owed to me as I have clearly shown you in both my previous letters. Having taken reasonable steps to mediate with yourselves outside of the court system, is there anything else that can be done to resolve this for example arranging a meeting with payroll to go through each month in turn to marry up vehicles sold and payments made to me? If you are unwilling to take the time to resolve this outside of the court system, I shall be left with no choice but to take legal action through the Small Claims Court. I can be contacted on TEL to arrange a meeting at your convenience as soon as possible. I look forward to hearing from you soon to resolve these matters. Yours sincerely ME
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There is a payment in my wages of April 2010 titled COMM for £500... there is a payment.. an underpayment .... that's been signed off and therefore acceptance of commission to be paid.. it was just incorrect
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In my contract it states I will be paid for April 2010 commission which amounts to over £4000. £0 was paid. It is in writing. I signed to state the change to sales executive in April 1st 2010. My employer signed. I have my payslip for April 2010 and bank account statement which shows only my basic was paid. I have April's order forms which states I sold the vehicles in question. There is no more solid proof than that.
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A verbal agreement was made to pay me like everyone else and in front of others. I have witness statements to that effect from 3 colleagues. Also in April 2010 payment is a small payment of COMM which has to be signed off by the DEALER PRINCIPLE... They have paid me but not enough. Also you mention any CLAIM would be history.... well. April 2010 is in writing. how can this be history? It is current and outstanding. If you admit liability even a small part like theyh ave by paying me anything, they have admitted full liability and just not paid me enough.
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FACTS: I no longer work for the company in question 6 Years is the maximum time to COMMENCE procedings and demand payment be made in writing. As long as the first letter was written and delivered at their offices with proof by 28th Feb 2016, I am in the clear but I am here at 5 and a half years. Obiter Dictum - We are within time - All is well my friend. Let's go do this. You on board or what? Bank Fodder - I have written a letter, received one back, I have broken down the payments in the next letter, and received one back saying the same response of "NO MONEY IS DUE TO YOU.. GO AWAY! Thank you for your response. You said write a letter.... letters saying you will take them to court ... do you mean stating further action or a formal LETTER BEFORE ACTION? I have tried to mediate and provide all proof but still... same dismissive response... here is the last letter I wrote: Thank you for taking the time to respond to my letter of concern. After reading your letter, I can see that you have reviewed my paper contracts with PLC. You are correct, in June 2010, I was paid the sum of £1489. That I am not disputing. What I am disputing is your assumption that this was accumulated during the working month of April 2010. As you are aware, during the month of May 2010, my position in the company reverted back to Trainee. On the 20th May, DEALER PRINCIPLE verbally informed me that my position as Sales Executive was going to been reinstated as of 21st May 2010 despite my signed contracted dated 1st June 2010. As you can see from my sales history, from the 21st May – 1st June 2010, I sold 9 vehicles earning a commission amount of £1489. In light of this, this clearly verifies two points: 1. The conversation DEALER PRINCIPLE had with me on the 20th May reinstating my position was genuine and honoured through payment in June’s payrun (as I have outlined below) 2. With this information alongside your findings, I therefore have not been paid my commission accumulated during the sales month of April 2010 as you have not been able to find any other paymets made to me during this period. May 2010 – Target set of 6 – From 20/05/2010 Commission structure: For up to 15 vehicles sold, 10% of total profit Payment of 10% of 90% of Finance Commission earned For every Paint protection sold below 10 - £25 each For every GAP insurance sold below 10 - £25 each For every Warranty sold below 10 - £25 each MAYS LIST WAS INCLUDED HERE! TOTALS: GAP: 6 X £25 = £150 PAINT PROTECTION: 3 X £25 = £75 WARRANTY: 6 X £25 = £150 CHASSIS PROFIT = £625 FINANCE INCOME = £489 TOTAL FOR MAY 2010 - £1489 In my commission scheme, one is paid £50 per GAP unit sold. If the above had been confused for April 2010’s performance of 23 cars sold, that would be equivalent to being paid £64 per vehicle sold. One is paid £50 only for selling a GAP product and if a PAINT PROTECTION also, £100 without being paid for the chassis profit or finance profit also. In the month of April I sold 23 cars which would equal around £4000. For the breakdown of cars I sold, please refer to my previous letter. I appreciate this oversight may have occurred due to my position being moved back and forth within the company and implore you to review your findings. Yours Sincerely. ME
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