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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • 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!??
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Asked to accompany colleague to disciplinary


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Guest louis wu

Can't help with what your supposed to do, but I would say your freind has made a good choice in asking you to attend. Your help and advice is always practical, accurate and sensitive.

 

I think your their, just to stop your colleague saying things that will drop themselves in it, but hopefully someone who knows about these things will give you a full rundown.

 

louis

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management).

 

You should talk to your colleague first and help then to make a list of things they would like to say as, sometimes, in meetings of this kind, it can be difficult to remember everyting that is relevant. Quite often people come out of meetings and say "I wish I had remembered to say this/that".

 

It is also important that you make notes throughout the meeting, as your colleague may not be able to take down or remember everything that is said, and if she has to appeal against any decision, the notes may come in useful.

 

Hope it goes OK.

 

Kind Regards

 

Ell-enn

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

As someone who has chaired more disciplinaries than I would like to recall I suggest:

Speak to your colleague and ask them to tell you everything. Firstly, reassure them that you will be discreet and will not blab around the work place.

Tell them that some facts may come up at the hearing that they may not have mentioned to you due to embarrassment or think are unimportant. Remind them you're on their side if they are honest and open. I have lost count of the times reps stay silent with a shocked expression on their face.

Take notes at the meeting.

Don't be afraid to call a short halt to consult these notes and to talk to your colleague. If necessary, ask if you may leave the room to consult in private.

Don't be alarmed if the chair calls a break - you may have rattled their case (it happens).

Don't bring up irrelevant subjects like 18 mouths to feed at home and grandmothers who are in prison - the hearing is about workplace conduct.

Ask the chair if they have evidence that your colleague has been given / notified of the company's policies for disciplinaries, grievances and whistleblowing (whichever is relevant). Signed receipt of a company handbook / letter of employment saying these policies are in place and available to all is sufficient for the employer as it is then up to the employee to read these. If there is no such evidence use this fact.

If your colleague did make a mistake encourage them to to say sorry before the meeting ends and to explain how they intend to improve in the future. If necessary ask them to produce an individual development plan with clear and realistic time lines for completion.

This should go a long way as most disciplinary policies do not set out to be punitive but to prevent future wrongdoing, also many companies do not need the stress and expense of a tribunal and will try to resolve the situation in-house.

Above all, the employer does not need have to have proof that a crime or definite misconduct has taken place, just that they have to have a reason to believe it has. They are not a court of law, and in rare instances will be prepared to go to tribunal, so make sure you have the story straight .

Good luck, and let us know how it goes.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Hi Cal, thanks for pointing that out - the company I work for are OK with it, but I take your point that most may not be.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management). Ell-enn

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

 

I thought that's what I'd said :confused: but happy to be corrected

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have been asked to accompany a colleague to a disciplinary re poor attendance - what am I expected to do?

 

Check your employee handbook.

 

One company's disciplinary rules differ to the next so it is a little difficult to advise you on what you can or cannot do in the meeting.

 

Also, you will have protection from victimisation should you be concerned that your employer will make life difficult for you in the future should you accept.

 

Have a long chat with your colleague and take notes to discover any possible mitigating circumstances as to why their attendance is so poor.

 

The aim should be to try and get as least a penalty against your colleague depending on how serious the poor attendance has been.

 

Will you post up a bit more once you have a better understanding of the case against your colleague?

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