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    • 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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Changing job title and job descriptions


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Hi,

 

I work for a company that is currently in the process of changing people's job titles and job descriptions. A number of people including myself have had their job title's and descriptions change from having very specific responsibilities mentioned to a very broad job title with vague responsibilities which will be shared amongst people who have been in the industry a number of years to people who have just joined and amongst different disciplines.

 

While work at this point have not indicated that my responsibilities will change I'm worried that my job description will no longer have these in them so once I sign a new contract they could just take those away I presume with no come back. Also my previous position was obtained during promotions while working for the company and In this way with everyone sharing the same job title and description I feel I have been demoted without cause.

 

Any advice on this issue would be great.

 

Thanks

J.W.

Edited by John W
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Hi,

 

I work for a company that is currently in the process of changing people's job titles and job descriptions. A number of people including myself have had their job title's and descriptions change from having very specific responsibilities mentioned to a very broad job title with vague responsibilities which will be shared amongst people who have been in the industry a number of years to people who have just joined and amongst different disciplines.

 

While work at this point have not indicated that my responsibilities will change I'm worried that my job description will no longer have these in them so once I sign a new contract they could just take those away I presume with no come back. Also my previous position was obtained during promotions while working for the company and In this way with everyone sharing the same job title and description I feel I have been demoted without cause.

 

Any advice on this issue would be great.

 

Thanks

Andre

 

 

Well, firstly a change of job description marks a change in contract terms, so obviously this has to be done by mutual consent.

 

While your employer does reserve the right to deploy staff as they see fit, if the redeployment means a complete chnge of what you are doing then basically you are being given a new job, hence they will need to issue a new contract.

 

If however they are tacking on extra responsibilities to your existing job, it is not unreasonable that you should be entitled to ask for extra pay to accomodate these extra responsibilities.

 

Have you been given written confirmation of what your new position will be, and what it will entail?.

 

To me, it seems like your employer is just trying to standardise staff employment T&Cs and peoples positions, probably to make it easier admin wise, as smetimes when a company takes on new work or new staff, the lines of who is responsible for who and who is responsible for what become unclear, so an occasional reorganisation is needed to help things run smoothly.

 

What i would do is sit and have an informal discussion with your boss about what is happenning, highlighting any concerns you have, if this discussion does not answer your questions to your satisfaction, then you can raise a written grievance asking for written confirmation of what the reorganisation entails, and what the come back of it is going to be on yourself.

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Hi,

 

Thanks for the reply I think your right they are trying to standardise things which is the driver behind this change I think. The real issue I have is that the job title / role they want me to take roughly maps to a job position below my current one. While a new role / position has been created which roughly maps description wise to my current one. I have always had good reviews while working for the company so I can not see any reason why they did this?

 

They have already given us new contracts which they expect us to sign and are having a consultation but later (after we have signed the contracts, I have not signed so far). I have raised the issue with my line manager but she has no answers.

 

Thanks

J.W.

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They have already given us new contracts which they expect us to sign and are having a consultation but later (after we have signed the contracts, I have not signed so far). I have raised the issue with my line manager but she has no answers.

 

right, the consultation should come first, as entrapment is generally frowned upon.

 

 

if your immediate manager does not have the answers you seek, then it is time to make things more formal.

Place a written grievance demanding that you be given answers to your questions in writing, verbal answers will no longer ba accepted.

 

You have made a reasonable request and as such you are entitled to a reasonable response, if all your manager can come up with is "dunno", then that is not satisfactory im afraid, as a manager, it is their job to manage.

If oyur manager is incapable of answering you questions, or is incapable of finding out the answers for you, then its probably time they stepped down, as it is clear that they lack a few basic abilities that are requirements for the position.

It is your legal right to ask questions when you are not certain about your employment conditions, and if they try to discipline you for asking a series of simple questions, then it raises the point that maybe there is some sort of ulterior motive behind the changes they are making, after all, if theyve nothing to hide, why hide it?.

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Thanks for the reply just to clarify a few points. What they have said so far is that the new contracts come into force at date x but they want us to sign them now but have a consultation before the date x comes. To me this is still very wrong as you are signing something that you dont' agree with although there may be valid reasons explained to you later.

 

Secondly for my managers response what they actaully said was they agreed with me in that they could not see why I was not at a position above what they are offering (i.e. my old position with slightly different wording) but apparently in the reshuffle none of the senior staff where asked about your abilities regarding mapping roles from the old to the new. This seems to have been purely a HR exercise.

 

Just thought I should be as clear as possible.

 

Thanks

J.W.

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yeah,w ell like i said the change in circumstances should be explained to you BEFORE you sign anything, i mean you wouldnt sign up to an electricity supplier before hearing prices etc would you, this is no different.

 

Prior to signing you should know properly what this change means to you personally (sod everyone else!), aand its not unreasonable to ask questions.

 

Just ask for an informal meeting to discuss the changes with a senior manager or a HR reperesentative, and state that you will not agree to anything until you have had your mind put at rest. hll, if the explnation you recieve in the meeting is satisfactory enough then you could sign the new contract and hand it in there and then, like i say, this is not unreasonable and i cant see why your employers are being so coy and obstructive about it.

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  • 1 year later...

These are many positions of Senior accountant department. It can include:

1. Senior accountant officer

2. Senior accountant coordinator

3. Senior accountant associate

4. Senior accountant executive

5. Senior accountant supervisor

6. Senior accountant specialist

7. Senior accountant director

8. Senior accountant manager

9. Senior accountant assistant manager

10. Senior accountant assistant

11. Senior accountant clerk

12.

 

Based on the above positions can help you to set up Senior accountant dept, design job descriptions, Senior accountant interview questions.

 

Apart from that, this link below may be useful: Senior accountant job description

I hope that this comment can help some info for our communities.

 

Rgs

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