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mark1963

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Posts posted by mark1963

  1. hi there my brother in law had to sit in on a meeting yesterday after the initial redundancy letters received.

    at this meeting they offered him 12 weeks notice as per statutory law etc..,

    however they were not aware of his written contract of employment which states he must have a 52 week notice period plus use of company car . as it states this in writing can they still legally enforce the 12 week notice period under redundancy?

    they have asked him at this point to continue his normal work and they will get back to him.

     

    all advice will be greatly appreciated

  2. we have a three year old house which has the nhbc certificate.however the clause for interior fittings expired after 2 years.

    in the block of 9 houses 6 have had issues with laminate surfaces cracking or falling off the kitchen units.

    we have had the kitchen manufacturer visit the site who was suggesting a heat and moisture issue. to date they have offered to supply only replacement panels. we have to collect them from the retailer the builders purchased them from and obviously have to pay for removal and refitting.

    to my mind this does not sound fair when these units are nearly 3 years old.

    can anyone suggest a course of action we can take as a management group?

  3. hi andy

    i sent the defence via email to the court on the basis of the info you gave in post as one above.

    got an email confirming receipt and then today got a letter from court worded as follows

     

    CASE NUMBER 3QV18412

    LOWELL PORTFOLIO I LTD RE:LOWELL FINANCIAL LIMITED -v- XXXXXXXXXXX

    I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).

    The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved

    informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of

    what will happen.

    Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of

    your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then

    take will be to apply to ajudge for an order lifting the stay.

    For Court

     

    to date have had no reply again concerning documents from bryan carter

  4. cheers andy

    as we dont have any knowledge of what they are claiming for how do we lodge a defence?

    we have requested the information as per previous part of thread but they have not stated they will get this to us in time?

    all i need is some help in compiling a defence in words /template.that is what i meant. i would rather do this earlier than later :-)

    can you help like you first suggested in the earlier part of this thread

     

    cheers mark

  5. hi andy

    please note the latest letter received today after i had emailed them.

     

    LOWELL PORTFOLIO 1 LIMITED v HARLAND

    CLAIM NO: 3QV18412

    OUTSTANDING BALANCE: £

    We write further to your recent communication the content of which has been noted.

    We confirm that the Claim was issued on 3 October 2013. You have filed an Acknowledgement

    of Service which provides you with an additional 14 days to file your defence, being 6 November

    2013.

    Please note that Part 15.5 of the Civil Procedure Rules allows us to offer you up to an additional

    28 days to file your Defence. You are not entitled to an additional 28 days under Part 15.5, we

    have agreed to an additional 14 days for you to file and prepare your Defence, being 20

    November 2013.

    If you are not in a position to file and prepare your Defence by that date then you must contact us.

    We recommend you seek independent legal advice.

    Yours sincerely

    BRYAN CARTER

    Manage uour

     

    cant spell manager!!

     

    where do we go from here now please

  6. thanks andy

    still had trouble logging in so sent the form via email.

    got a response from them saying had received.i have forwarded this to bran carter so they the AOS has been done.

    i will email them and ask for the 28 days you have mentioned.i have not rung them as prefer to avoid confrontational calls :)

    what is the next step from here with regards to any further communication or defence?

     

    regards

     

    mark

  7. thanks andy

    have done this today as above.

    i have received a letter today with the following content.

     

    Dear Mrs XXXX

    LOWELL PORTFOLIO 1 LTD v XXXXXX

    CLAIM NO: XXXXX

    UTSTANDING BALANC~ £XXXX

    We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the

    Civil Procedure Rules and request for an extension.

    We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

    Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice

    Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars

    of Claim when they are issued by this Court.

    We confirm that the Claim will most properly be allocated to the Small Claims Track as this is a

    simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. We

    confirm that we have nevertheless requested documentation from our client and hope to revert to

    you shortly, although this will not be within seven days.

    It is the original creditor's policy to issue any agreements on or around the date of the contract

    and statements throughout the duration of the agreement and, in this regard, we ask you to refer to

    your own records.

    We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and

    file your defence.

    Please note that we have not yet been informed that you have filed the acknowledgement of

    service. As you will be aware a Claim was issued in this matter on 3 October 2013. Please

    respond to the Claim using the Response Pack provided by the Court. You should comply with

    the deadlines outlined by the Court in order to avoid a Default Judgment being entered against

    you.

    We recommend you seek independent legal advice

    Yours sincerely

    BRYAN CARTER

     

    can you now advise the next step please

  8. ok thanks

    the claim is as follows;

     

    this claim is for 170 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

    this debt was assigned to /purchased by lowell portfolio 1 ltd.

    on 31/10/2011 and notice served pursuant to the law of property act 1925,

    particulars

    re o2 (uk) ltd

    a/c 1010024940

    and the claimant claims 170.00

     

    the claimant also claims interest pursuant to s69 county court act 1984 from 31/10/2011 to date at 8% per annum amounting to 26.22

     

    amount claimed 196.22

    court fee 15.00

    solicitor costs 50.00

    total amount 261.22

     

    i have altered the exact amounts that are applicable and have now registered online with MCOL

    can you kindly confirm when i should consider responding online to mcol?

    i have drafted a letter to send recorded delivery as per a link i found to a similar case online here as mentioned previously

  9. hi there

    need some help with the above after receiving CCJ and letter from Bryan Carter on return from holiday :mad2:

     

    the letter and CCj were dated 04/10/13 so am assuming they arrived on or around 08/10/13 as second class.

     

    we have no knowledge of the alleged amount which is with regard to an O2 account.

     

    the last mobile account my wife had on contract was finished some 4 years ago.

     

    having researched on here i found alink with regard to responding back to Bryan Carter

    with regard to CPR 31.14 request.

     

    I have constructed the letter having adapted accordingly

    but need assistance as to what to with regard to the CCJ element of responding.

     

    there is an online facility on the form.

     

    can someone kindly assist me with what i need to do right now with regards to timelines /deadlines

    as do not want to forfeit the CCJ being imposed.

     

    regards

     

    mark

  10. hi there

    need some assistance please for a ccj issued today for a sum for credit hire?

    i was involved in an innocuous accident that cost me a claim of £4550 on my car insurance!!

    i wasn't briefed by my insurance company who just duly paid out and then told me on renewal of insurance!

    the claimant on ccj is same man who is claiming for credithire and interest.

    where do i stand on this matter and how do i proceed from here?

    do i go back to the insurance company who paid out the claim

  11. hi everyone.hope we can get some help here :)

    i lodged a complaint with above back in 2011 with regard to extra charges and a balance that blemain claim is outstanding.

    we had a secured loan on property over an 84 month period.we made payments every month but when i was made redundant we had to pay on a different date from the original one.blemain kept sending letters at £35 a time and this was a separate issue and they have now agreed to re credit these once ombudsman was involved. however they will not answer as to why there is a large sum outstanding on the loan when we have made all the payments.we now have a deadline to accept the final decision or lose blemains offer of charges refund.

    i have emailed fos but they keep saying they cannot do anymore.

    please can anybody help asap???

     

    regards

     

    mark

  12. hi everyone,hopefully someone can help me with possibly a simple question?

    when we purchsed our house in 1996 we had a mortage arrnged with bradford and bingley.

    we have remained with them since that date and reverted from an interest only mortgage with endownment in 2004 to a repayment mortgage for 3 years at a fixed rate.when this came up for renewal late 2006 we signed an agreement with them for a fixed mortage at an APR of 5.89% fixed till Jan 2017.

    as everone knows they are now under Government control.last year i did not get a statement despite asking several times :( . prior to this year i got a letter saying they were changing my account number for computer purposes.

    however when checking the statement the APR is 3.64% for all last years payments? i have maintained/overpaid the agreed monthly figure since 2006/7 and this is clearly shown on the statement.

    my question is this: would i be worse off financially for querying this rate? i am concerned because of the hype of sudden interest rises predicted.i have a signed copy/ies of the agreemnt sent by B&B to back my account/contract for the fixed rate.:sad:

  13. thanks chris.

    i had an agreement with a lady called lucy to write the tv off last friday.she agreed forme to call on monday of this week to confirm it was at the workshop in sheffield allowing time for it to get there.i had to attach a copy letter to it and then an email would be sent to the workshop confirming write off.today i was told that this had been rejected by sheffield and i now had to wait till 9/12/10 for the period allownace for repair :(

    no one wants to admit the problem is with them.i was told the tv would be written off due tot the amount of times it had been in for repair with same fault and was now beyond economical repair.

    can you help? i have lodged this now with bbc watchdog and consumer direct

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