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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.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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pova investigation


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Hi,

My wife works for a company who looks after adults with learning difficulties who live in their own shared homes. last month she was suspended for an incident that ocurred while she was on her own with one of the clients, and told that she was under a pova investigation. for obvious reaons i can not say what hapened in a public place, but can IM the facts if anyone needs them to answer my query.Anyway, she had an interview with the police, who stated that in their eyes, she had done nothing wrong and had in fact followed the guidelines laid out in this persons notes.

She has been abused by the clients by them grabbing her hair and pulling out chunks, and nothing was done as the company said that that the clients must know that they are stronger than staff, so they can basically do what they want to you and you can not stop them or will be charged with abuse. The police however told her that she has the right to feel safe in her workplace, which she doesn't as she is now in fear of being attacked and the company ignoring it. During the incident under investigation, she was pulled to the floor by the client,and again, that is of no concern to the company.

the company has since, stated that there will always be 2 staff on duty at any time, which at the time of the incident, the other staff were out with the other 2 clients,so she was qalone in the house with the other.

She has to go to a meeting nest week at the office and is only allowed to take a work colleague(there is nobody she can trust not to be biased) or a union rep (she is not in a union), so i am worried that they might use her as an example and sack her. here comes another problem. She is an american citizen with permanent residency, and we are saving up for her to become a british citizen. The american way of talking is obviously different to ours, and she often uses wording that can be misunderstood as it was in her report on this matter, and if she is sacked she may be banned from ever working in the industry again. Could anyone please give me some advice on this matter if possible.I forgot to add that this happened because she wrote up a report of the incident, but noi member of staff or the client made the accusation and being an american, i believe it was the way she worded it that caused a little confusion, and that is why the police said she did nothing wrong when she explained her wordingto them. I shall be happy to give the ful account in a private message if anyone needs it to give me any advice

 

many thanks.

 

seapring

Edited by seapring
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Hi,

My wife works for a company who looks after adults with learning difficulties who live in their own shared homes. last month she was suspended for an incident that ocurred while she was on her own with one of the clients, and told that she was under a pova investigation. for obvious reaons i can not say what hapened in a public place, but can IM the facts if anyone needs them to answer my query.Anyway, she had an interview with the police, who stated that in their eyes, she had done nothing wrong and had in fact followed the guidelines laid out in this persons notes.

She has been abused by the clients by them grabbing her hair and pulling out chunks, and nothing was done as the company said that that the clients must know that they are stronger than staff, so they can basically do what they want to you and you can not stop them or will be charged with abuse. The police however told her that she has the right to feel safe in her workplace, which she doesn't as she is now in fear of being attacked and the company ignoring it. During the incident under investigation, she was pulled to the floor by the client,and again, that is of no concern to the company.

the company has since, stated that there will always be 2 staff on duty at any time, which at the time of the incident, the other staff were out with the other 2 clients,so she was qalone in the house with the other.

She has to go to a meeting nest week at the office and is only allowed to take a work colleague(there is nobody she can trust not to be biased) or a union rep (she is not in a union), so i am worried that they might use her as an example and sack her. here comes another problem. She is an american citizen with permanent residency, and we are saving up for her to become a british citizen. The american way of talking is obviously different to ours, and she often uses wording that can be misunderstood as it was in her report on this matter, and if she is sacked she may be banned from ever working in the industry again. Could anyone please give me some advice on this matter if possible.

 

many thanks.

 

seapring

 

Sorry to hear about your problems and i hope you get things resolved.

 

Ive experinced similar POVA incidents a number of years ago, they are the to protect the client, but in turn the carer suffers and i feel makes the carer more vunrable to allegations.

 

What part of the country do you live in ? after reading your thread it sounds like a company ive heard about !

The retailers worst nightmare !

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Thanks for the quick reply big boss man.I live in the north east and as i can not mention the company name on here in public for obvious reasons,it is a word used when describing sizes of things

 

Im sorry i can not provide you with more in depth advice, im sure other people will help you in due course.

 

There is specific guidlines that care providers have to follow, these are very indepth and are there to protect the carer as well as the client ! by the sounds of your description, i feel the company has not followed guidlines and failed to protect the carer.

 

Is there any chance you narrow North East down ? I am extremely interested in the name of this company, i understand you can not name them at this time, if and when the time permits please let me know.

The retailers worst nightmare !

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KIrrespective of POVA, your wife is entitled to a duty of care from her employers, and be provided with a safe place of work.

 

Can I suggest she raises a grievance.

 

Also I cannot understand this thing about saving up to become British citizen - I didnt think it cost.

 

Anyway we wont hold her american status against her (except for giving Hannah Montanna to the world!)

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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thanks for the reply monkeychicken.We will definately consider raising a grievance. Yes, once you pas the citizenship exam, you have to pay the government £720 for the privelidge of obtaining a piece of paper and then £60 odd on top to attend the ceremony which is compulsory.Thats after paying about £3500 for various visas giving permission to reside here over the 5 years before you can take the exam

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I think it's a sad fact that Americans working here in the UK are quite often subjected to unlawful discrimination on the grounds of their national origin.

Perhaps it's overlooked as we (kinda) speak the same language and many of them are racially European. They tend to be, in my experience (I lived there for a year), particularly polite, decent people themselves.

My ex-wife worked here for the best part of a year and was frequently very upset by 'comments' made by her co-workers, which they clearly thought were innocuous. They wouldn't have dared make an equivalant 'joke' towards someone who was, say, African-Caribbean or Asian.

 

Clearly, sometimes there is a language barrier. Your wife needs to be forthright about this, and make sure that her employers take her use of language as an American into account. Although it may not be apparent to them, they're guilty of unlawful discrimination if they don't make reasonable adjustments for her use of language.

 

B*gger me, I'm dying for a fag.

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  • 1 month later...

A quick update and advise if anyone knows of any suitable.My wife has at last received a date for her disciplinary hearing. She was told at her first meeting last year that she would get a copy of the notes taken at that meeting for her to check and sign as being true(notes requested to be verbatim and were not), and that she would hear from them within a week. She obviously did not hear within the week, and the copy of the notes taken were not sent to her, and have been written in their report in a way that favors the company(missing some of the meeting out). Also the company states that there is absolutely no difference between the American and English language, which there obviously is.Everything she has said during this investigation has been twisted around to make her look bad.It also mentions the fact that she asked to be allowed to show exactly what she did, and was not allowed to do so, which would have given insight to what she was really trying to say, but again was taken in the wrong context.

Any advice would be greatly appreciated.

 

many thanks,

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Under current legislation care homes are required to make a POVA referral if they reasonably believe that a care worker is guilty of misconduct which has harmed, or has placed at risk of harm, a vulnerable person in their care...

 

Minutes of a meeting are rarely 'verbatim', unless as transcript of recordings... Nevertheless, I would suggest that your wife raises a grievance as per the content of those minutes, once in her possession, in relation to the substance. She may decline to sign them as true...

Edited by Bigredbus

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n written in their report in a way that favors the company(missing some of the meeting out). Also the company states that there is absolutely no difference between the American and English language,

 

Mmmm, obviously they haven't read this yet. TravelFurther - British-American Dictionary

 

Just click the letters of the alphabet on the left. ;)

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