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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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    • We have finally managed to obtain the transcript of this case.

      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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Disciplinary - Gross Misconduct


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sit tight, see what they say, and come back when you have the exact wording of the outcome

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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I wouldn't assume you're doomed just yet...as they say, prepare for the worst, but hope for the best.

 

There is a possibility that they realise themselves that the internet policy has been consistently applied, and that may be a factor in any decision that they make. In that case, the only problem that you have is deciding whether you want to continue working there if you believe that you have been unfairly singled out.

"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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I received an email from work yesterday inviting me in to reconvene the meeting on Monday. I'm seeking legal advice today. Is it fair t ask for an extra day before the meeting? Say, to request that the meeting is on Tuesday because I require legal advice etc?

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Sure. One day is not much notice especially as it's not investigatory but disciplinary? so you night be wanting to organise a companion etc

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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Excellent, thank you.

They provided additional statements in the email too. I think they may work in my favour - should I wish to appeal - and I would like some time to have my whole case looked at.

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Hi

 

Just to clarify due to the short notice given of a reconvened meeting you have every Right to ask for it to be postponed for one day to seek legal advice and as per your right to be accompanied by either a Work Colleague or Union Representative to arrange this at such short notice is impossible and you would like to request a postponed of the reconvened meet for One Extra Day.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thank you.

 

They replied and it has been rearranged from this afternoon to tomorrow morning. Not much extra time (6 working hours), but extra time none the less.

 

Because I am convinced the meeting will just be them informing me I have been dismissed, can anyone offer any advice or their experience of what to expect at this type of meeting? I'm thinking that it's best for me to say little, get the result and then inform them that I am appealing and that I will submit my appeal in writing along with the grounds. Is that correct?

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So, I have been dismissed for GM for using offensive, derogatory language on a social media site, and that has broken down trust and confidence and made me unsupportable as a staff member.

 

I don't think any of the other staff have been investigated, or at least no one is facing (has yet faced) a sanction even close to mine. I am going to appeal unfair dismissal on the grounds that it is a unfair sanction? and not consistent with other disciplinary actions.

 

Does that sound correct / right? Or have I got my wording wrong?

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Hi HB,

 

Yes I can appeal, though I didn't get the chance to say that in the meeting. I was told they will send their decision in writing, I will have 5 days to appeal and that's it.

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Hi all,

 

Some of you may be aware of my circumstances as posted on my original thread.

 

I have received the official dismissal letter (for GM - using abusive/derogatory comments on social media, that they included offensive language, that the tone was unacceptable etc) today and I would like to appeal.

 

My grounds for appeal are that I have been given an unfair sanction.

  • My account was in no way linked to the company, colleagues, nor was my name used on the account.
     
  • I have evidence of other staff members, who were clearly linked to the company, who had also made posts that could be seen as bringing the company into disrepute. I presented these images at the disciplinary. I was advised these would be investigated - despite the fact that I would have expected these to already have been investigated as my account was allegedly found at the same times as theirs.

 

I have never had any form of disciplinary prior to this, or any complaint made against me, it was accepted that I was remorseful, I did everything they asked of me, they stated that the disciplinary must remain private and confidential, that no other staff were aware, yet they state that trust and confidence has broken down between myself and staff members. No other staff member has faced a disciplinary, been suspended, despite the staff I brought evidence of being in roles directly linked to social media - hence my grounds for appeal.

 

During the hearing the MD accepted that I believed my account was anonymous and that there was no malicious intent, that I was misguided and did not intend to embarrass the company/colleagues and that I was unaware of the polices - also that there is no social media policy, only a communication policy and nowhere does it state that staff will be monitored. Though these are all things that have not been noted in the meeting minutes.

 

I do not agree with the notes that were taken at the meeting. I have mentioned this at every meeting - and been advised that my comments will be noted etc but that the minutes/notes are not verbatim. In some parts the way in which the notes have been recorded take what was said out of context and in other parts of what was said have been completely left out. Theres nothing I can do about that, is there?

 

It was also mentioned at the final meeting, that a meeting I had before christmas with HR was 'unofficial' and that certain things I have stated since day 1 were not discussed.

 

Also, the invite to the final meeting did not state that I could be accompanied. I asked for extra time (was given an extra 6 working hours) to seek further legal advice. When asked at the meeting if I was aware that I could be accompanied, I stated that it wasn't in the last invite so no I wasn't aware, it only stated it in the previous letter and that I hadn't had time to get anyone to accompany me or seek the further advice I required.

This is not detailed in the notes. It states that I agree I was aware and I am ok to proceed.

 

I don't expect to win the appeal. Not at all. They don't want me back, I know this. But I feel like I have been singled out and that the notes don't represent what was said.

 

I feel like I'm banging my head against a brick wall. Ultimately I can't imagine ever going back, but I would like GM removed from my record.

 

Should I just give up?

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Hi. I hadn't had any responses for a while so thought it might help me. Sorry about that.

 

I can't say for sure, but speaking for myself, a new thread title makes no difference. I look for the threads at the top of the forum. And as I said, looking back for someone's previous posts can be an inconvenience.

 

But I would be interested to know what other forum regulars think. :)

 

HB

Illegitimi non carborundum

 

 

 

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Hello,

 

I have received a date for my appeal. It's on Monday and I have been told I need to confirm my attendance and details of anyone (colleague, union rep) accompanying me by tomorrow. The letter also states that I should provide them with any documents I plan to use in the appeal and that they will only consider information as stated in my grounds for appeal. They were that I felt the sanction was outside the reasonable responses available and that the decision was unfair, based on precedent - basically that other colleagues have done similar and not been disciplined, or at least, certainly not sacked.

 

I have a couple of questions:

  • Would it be unreasonable for me to ask for the appeal to be held at a slightly later date? I want to have enough time to be fully prepared and I have appointments with employment agencies on that day.
  • Also: do I have to send them my evidence/documents in advance? My evidence has really already been sent, as this is the same stuff I used at disciplinary, but that I feel they did not really acknowledge. I also read after my disciplinary that I did not *have* to provide my evidence before the disciplinary, although I did.

 

Thanks.

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