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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Social Media & Employment Guidelines


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We are, unsurprisingly as their usage getting a lot of employment problems regarding social media such as Facebook, so I was wondering if we could maybe put together a little stickied guide on the do's and don'ts?

 

My thoughts, based on how I use FB for example would be:

 

Put your Privacy Settings on Maximum.

 

That includes setting it so that your profile does not display in searched by your name or email address.

 

No matter how well you feel you get on, no matter how long you have worked alongside people, do not add them to your Facebook friends list. Especially don't add Managers :-D

 

Don't add the company you are currently working for to your profile, just in case that gives them a way to get even a glimpse of your profile.

 

I have created an album with several screenshots to show what maximum privacy settings look like

 

http://s107.photobucket.com/albums/m309/prw2005/Facebook%20Screenshots/

 

Just to add, this is what my Profile looks like to a non friend - as you can see, my wall, interests, photo's, everything is blank, not even my friends list appears, there is literally nothing to identify who I am, especially as I have an extremely common name, and don't use my middle name on FB :-D

 

Basically all anyone who is not on my friends list can discern (and remember my profile has been set so I do not show up in name OR email addresses) so they wont even find the profile anyway, is that I am Male! Thats it. Thats all your employer should see too.

 

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Edited by caledfwlch

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Sound advice, unfortunately by the time people get to here its sometimes too late!

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Also, don't make wall posts about work, ever. Just. Don't. Do. It. You might think it's funny at the time, but when someone has screen-capped it and sent it to the MD, the amusement wears off pretty quickly.

 

Before you post anything, think about how it "sounds" in type versus how it sounds when you say it out loud. When you're using social media, the person on the receiving end doesn't have the benefit of your facial expression, body language or tone of voice. What might be funny and lighthearted in person can seem distinctly different when it's in writing.

 

Most of all, remember once you've put something on a SM profile, it can be recoverable even if you delete it, not least because some people will quite happily screen cap and save questionable postings (and believe me, this does happen). There is very little chance of denying or mitigating down something that you've put in writing!

 

In 20 years of working life, I have never known any one factor to generate as many warnings, grievances, disciplinary meetings and actual sackings as social media.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Good resource.Will make this a stickie.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Oh yes...I know this might seem obvious, but if you DO decide to add work colleagues, don't go within 10 feet of a keyboard if you've had a couple of drinks. I've seen this cause a variety of trouble from a message intended for a spouse being sent to the wrong person (!), to allegations of alcoholism. :|

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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  • 2 months later...

This sound really wise on the one hand, however I am wondering whether it makes any sense at all to be on there then, if no one can find me etc.

 

Would it not be just easier to not have a profile at all?

 

I also have a question.

 

My employer asked a few of us to become community managers and so I now have two profiles, both with the same photos, one is my own and the other is an upgraded account that is paid for by the company.

 

My job with relation to this was to collect contacts that are relevant to my job and the business.

 

I have now handed in my notice and would like them to remove that profile as I will not be working there any longer.

 

Does anyone know what are the legal requirements for them to remove my profile and stop using my name and photo please?

 

As far as I am aware the company does not have a social media policy for employees, as such so it was dealt with on a more ad hoc basis.

 

Any advice would be much appreciated.

 

Thank you.

 

Mariann

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Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Hi All

 

Can't find the letter in the library and the company I used to work for is still using my name and photo.

 

Could someone tell me which letter to send please

 

Many thanks,

 

Mariann

 

Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

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  • 3 months later...

A word of warning, my facebook privacy settings were set to private. I worked for a well known charitable advice agency, and after 7 months was pulled into a disciplinary, and shown a snapshot of my wall, where there was an article on the BBC posted about the lifting of regulations for EU nationals from certain countries allowing them to have access to public funds. I must have liked it on the BBC page, and it showed up on my wall that morning along with the comments left on the BBC website from others. The correct procedure was not followed with the meeting, ie I was just told to bob in for a chat a few seconds before, was not warned beforehand etc. I didnt even have my glasses so couldnt see the article properly. I have done employment law at Uni, and knew that this was wrong. I denied having any racist feelings, but the HR accused me as such. Made me make a statement where I denied putting it on my wall, and when I told her my wall was private anyway she showed me on her wall how she had accessed the information, A snapshot appears when you access through a mutual friend! This was a clear invasion of my privacy and I have made numerous complaints to the head of the charity itself, as my work record was more than impeccable. We were facing redundancies next month, and I believe it was a ploy to get rid of me with no notice.

 

I submitted evidence that facebook can post on your behalf, when you like an article, and also that the privacy settings were set to private, but I was told by my boss, I had to resign or face a second interview the next day where the likelihood was that I would be fired for gross misconduct for being racist. All totally wrong from an organisation that advises others every day on employment rights!

 

I couldnt afford to have this on my record as I am newly qualified,and have just spend years getting my law degree after my divorce. I did not want to jeopardise my work record, and after getting upset resigned. I did not sign the letter, and my immediate bosses told me their hands were tied by the HR dept, who they outsource to. I have retained a good reference.

 

I am currently trying to get some pro bono assistance to help me take this further, as I hadnt been there 2 years I have no claim in the Emp Tribunal, unless they will bend and allow it under the Equality Act, however I possibly do have one against the government because they failed to give me adequate protection against freedom of expressing my political views in an ET court after a recent ruling said that article 11 covers freedom of political expression as well as religious. Just need help as its out of my league as an advisor..

So be careful what you put on your wall and NEVER trust work colleagues as they may be your friends, but when push comes to shove and they are faced with them or us situation in redundancy they may choose to cover their own backs and stab you in yours!

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There is more than one FB privacy setting and it sounds like yours is set to "friends of friends."

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It says only friends on the privacy settings, Ive since checked it again, its definately friends. Yet the print out says 2 mutual friends, on the side and it gives a snapshot of the last few posts and details of me, that should have been private. Just want to warn others to be careful, apparently its the biggest area of reasons for misconduct at the moment, and with the new employment laws last year, anyone with less than 2 years service from April 12 cannot raise a claim in the Employment Tribunals, unless its covered under special circs..

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There is no such thing as privacy - anywhere - on the internet. You must always consider that ANYTHING, even if made behind the mask of a privacy setting on Facebook, can potentially be seen by anybody. A 'friend' can easily re-post something that you have written, or systems to provide privacy can break down or otherwise be breached. If the employer becomes aware of it, then they can act. It's not always fair, but is a fact of life today that one should always consider whether anything written on a page, blog, forum etc could be seen as detrimental to an employer, colleague or organisation, or call into question one's personal integrity.

 

Having said that - I think your employer grossly over reacted!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 9 months later...

just a little update on this, tribunal has been set for a 3 day hearing against CAB my previous employer. It turned out to be a ruse to stop me becoming employment rep, they dug around and "discovered" a news article they didnt like. It is also a breach of your political expression if the comment is political in anyway and it happens after June this year. We have a good strong case, so if anyone does have this happen dont give up and fight them if you can..

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