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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Breach of Contract?


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Hi everyone,

 

 

I started doing work for a company in August 2015 on a self-employed basis (this is the only company I was working for).

In January 2016 I had a meeting with the M.D. and the admin lady and it was agreed I would take over her role of processing orders, picking and packing, and despatch of orders, because she was leaving to work from home. This was in addition to my role as the sole production operative.

 

 

I have it agreed in writing that I would be available for at least Monday and Tuesday of each week with additional hours should there be demand for so.

 

 

Last month I turned up for work and the electricity had been cut off. The M.D. had not been paying the bill and also the rent on the units.

M.D. came to an agreement for payment and on we went.

 

 

I was then informed (by a TNT courier driver) that there was a notice of possession on the door of the units. I asked M.D. and he said all will be sorted soon.

 

 

It is now the case that M.D. has defaulted on payment plan and owner of units changed locks.

 

 

M.D. had again agreed another payment plan but has not signed agreement yet because he darted off on holiday and so this week will be the third week I have been without work and with rent and bills to pay, I am worried.

 

 

My question is this.

Do I have any right to ask for payment for lost hours because we had an agreement?

 

 

Your advice will be greatly appreciated.

 

 

Thanks

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One assumes that you have a contract with this company, what does that state? Also bearing in mind that he does not seem keen to resolve the other issues that his company has I would not hold your breathe.

It is easier to enter a rich man than for a camel to pass a needle

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My contract is nothing other than a written and signed letter from the company stating the above requirements. i.e. that I would be available on Monday and Tuesday and any other days should the need be. I do know that he is trying to sell the company and it is on the bones of its backside but in my eyes, an agreement should be kept to.

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As you are self employed (sole trader, Ltd company?) and you have no contract with your client stating that the guarantee work you will have little or no recourse.

It is easier to enter a rich man than for a camel to pass a needle

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basically you were employed, not self-employed but have been shafted by this unscrupulous person. Chances of getting any money now are very close to zero. Dont waste any more time wating for a conclusion to this, get out there and find something else quick. You can then try and find out if the company is being wound up or whetehr the person still has personalliability. If the latter you could sue for your pay and holiday pay but you wont be at the front of the queue

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  • 3 weeks later...

 

 

I started doing work for a company in August 2015 on a self-employed basis

 

Were you registered with HMRC as self employed at the time? Paying your National Insurance contributions?, doing self assessment for tax?

 

This is important as if you were properly registered as a self employed person you could invoice the company for unpaid work and if the company is

liquidated then you would be a creditor and maybe just maybe get a little bit of money.

 

If you were not registered then basically you would be classed as a casual labourer and the chances of getting anything are remote.

 

Personally I think I would walk away from this situation and find something else.

The fact the he has "gone on holiday" given the state the company is in indicates he does not care about company and even less about employees.

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