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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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My Employer Wants To Do A Credit Check-Can I Get Sacked?


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Hi All

 

Can anyone help me please?

 

My employer (a large electronics corporation) have told all the staff that they are going to CRB and Credit Check on everyone to evaluate the potential risk of fraud.

 

I have no criminal record but my credit file is a complete mess and will show a lot of debt.

 

I have worked there 12 years.

 

I dont handle money in my job I work in a call centre taking sales orders etc.

 

Will I get sacked on the spot?

 

Any advice greatly appreciated

 

Honeyot

 

xxxx

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Not sure this is the correct advice, but they - your employers - would need to have written consent to carry out credit check. Have a look at your Contract of Employment and see if this is covered at all. If not, I am sure they would need to vary everyones' Contract to cover this. I am sure you will not be the only person to be worried by this.

 

Hopefully others will be along with more help.

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Thanks Harrased Senior

 

Yes, we have all had to sign a consent form to the checks so its all been done above aboard.

I guess I'm looking for advice on how to respond should they say " youve got loads of debt therefore you are a risk to the company therefore your fired"

 

xxx

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Having a bad credit record does not make you a risk – the days of debtors’ prisons are long gone. Do you have a union or trade body you can talk to?

 

In financial services, a credit check is often a part of the selection process and candidates have to agree to it first.

 

If your employer is going to say you are a risk because you have a poor credit record, they will be on extremely dodgy ground if they use that information to alter your working conditions in any way, or if they try to dispense with your services.

 

Does your job involve the handling of cash, the awarding of contracts or purchasing?

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Hi Donkey B

 

i work in a call centre processing telephone orders for the electrical component industry. I dont handle cash or award contracts or anything like that. the closest I come to money would be if a customer phoned up and placed an order with a credit card rather than account.

 

I think the company are saying that if you are in debt then you are more likey to try commit a fraud to the company. Thats why they have decided to credit and CRB everyone

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Well, that is nonsense and would be a slander. People have problems with credit often through no fault of their own. To imply this makes them unreliable or dishonest is plain wrong. Has nobody stood up to them? It’s a pretty gross invasion of your privacy, because I can’t see how police and credit checks can be used on such a sweeping basis. Maybe you should tip off the press...

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Hi Donkey B

 

I think the company are saying that if you are in debt then you are more likey to try commit a fraud to the company. Thats why they have decided to credit and CRB everyone

 

I wouldn't say so. It seems to me, from your original post, that they're doing a credit check in regards to money laundering and fraud. If they were doing just a credit check then I would be concerned, but as they're doing a CRB too I'd say they're covering their arses for their insurers.

 

Also, have there been any changes in the last 90 days, such as a new MD/Sales Director or a different company take over?

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Postjgg is doing a degree on employment law maybe worth pming him to look in.

 

This company can not sack you for being in debt - nor can they take disciplinary action - if they do you must use their apeal process - if you ended up taking this to tribunal - you would wipe the floor with them. Big payout.

 

A lot of employers now do credit checks because the CRA's have convinced them that people in debt are risks to the business.

 

My anwser to this has always been if they are dishonest they will rip you off regardless of the credit status.

 

I worked in retail for over 20 years and can tell you that the majority of staff we caught stealing - or defrauding the company never had poor credit histories.

 

There are very few offences that would stay on a crb check for 6 years - so unless you have been to prison or had a suspended sentence then a default on your credit file is considered worse.

 

This is realy begining to grate with me - i applied for a job at the RAC - no cash handling - nor order taking - just directing recovery vehicles to breakdowns - and had to have a credit check - told them they must be joking and to eff off.

 

Housing is also going this way - Rent a house - credit Check

New Job - Credit Check

Benefit Claim - Credit checks

 

So what they are saying now is if you have bad debts - you MUST pay them off even if you cant afford them due to your circumsatnces - or you get

 

No House

No Job

Benefits Cut.

 

Being in debt is now being worse than a criminal - now thats what i call debt slavery. No freedom work for the creditors (Mainly the banks)

 

Just remove the word debt. and you are now nearer the mark

 

OOOH it makes me so angry.

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I have witnessed someone working in financial services having their temporary contract terminated because of a CCJ showing up on a credit record. But this would not have happened if it were just defaults.

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DoH - I had one of those days yesterday, long story, not for this forum otherwise would let you all in - lets just say imagine a 64 year old senior citizen, disabled, 2 hearing aids, and a walking frame being escorted from an o2 shopfencing.gif

 

That's finished my day at work with a bliddy great smile h s

Hope all's well

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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I would be very supprised it they would even be allowed do a CRB check, CRB checks are only for people who work with vulnerable adults or children. Other than that most aatempts to look into any iffy past are covered by the rehabilitation of offenders act. I moved into a new estate where there where loads of kids and the housing association where not allowed to run a check. AFAIK you cannot sign any rights under the rehabilitation of offenders away. As to the other forcing you to sign to give permision to access your credit file would give you leave to sue for contructive dismisal.

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Interesting topic, I know a chap who was asked to sign a consent form for a credit check after a few years employment and he politely refused due to the fact that he had a number of disputes and felt that the information would be incorrect anyway. There were no repercussions on him.

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They can do standard CRB checks which will give information on unspent convictions - these should be done prior to employment starting or during the probation period.

 

Those for people in education/health/care etc are the enhanced versions that can hold details from when you have not been charged and convictions that may have been spent under normal circumstances.

 

Dont forget also that the period for convictions to become spent is generaly a lot less than the informaion held on CRA files.

 

The reason being to give the opportunity for the individual to be to prove their rehabilitation.

 

It now makes more sense to steal the money from an employer and to pay your debts - than have the debt. because the period the issue will be held on file is less for the criminal act

 

Madness.

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As long as you continue to do your job well, why would they want to sack you? There are strict guidelines over redundancies and all sorts of things need to be taken into consideration. As you do not handle money I can't see why they'd be interested - what fraud could you commit? As for the CRB check I wouldn't have thought anyone would agree to that as it's absolutely irrelevant to your jobs and to whether or not you're likely to commit fraud. CRB is in two forms, normal and enhanced. As a headteacher and later a taxi driver I went through the enhanced CRB - it's nothing to worry about unless you've been prosecuted for offences with children.

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I have witnessed someone working in financial services having their temporary contract terminated because of a CCJ showing up on a credit record. But this would not have happened if it were just defaults.

 

I was informed by a prospective employer that i would have to explain -AND PROVE - that i was dealing with any defaults or delinquest accounts.

 

Strange thing is i have recentley been aproached by a recruitment agencey asking if i would be interested in a job in loss prevention - And no credit checks.

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I would be very supprised it they would even be allowed do a CRB check, CRB checks are only for people who work with vulnerable adults or children. Other than that most aatempts to look into any iffy past are covered by the rehabilitation of offenders act. I moved into a new estate where there where loads of kids and the housing association where not allowed to run a check. AFAIK you cannot sign any rights under the rehabilitation of offenders away. As to the other forcing you to sign to give permision to access your credit file would give you leave to sue for contructive dismisal.

 

Not quite right count o

The full CRB check is for people wishing to work with children and vulnerable adults but I work in the Security Industry and every three years when my SIA licence is renewed I have a CRB check for past offences, I receive a copy of the report

In general companies seem to be tightening their procedures and in this case I really don't think there's anything to worry about but a call to the CAB or ACAS would help to ease doubts

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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According to Experian:

the employer can usually only look at publicly available information, says James Jones of Experian.

 

This includes the electoral roll, county court judgments, bankruptcy and individual voluntary arrangements which are legally enforceable deals struck with your creditors to repay them some of your debt over a fixed period. But if the firm shares credit history data with credit reference agencies and if the job is sensitive, they can look at your full credit report, with your consent.

 

Elsa x

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