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  1. He does use a tacho - I will ask him when he gets up what size the vehicle it is. As far as I am aware his contract does not make any specific ref to night drivers/day driver but I will check and post when I have the details.
  2. He was originally worked shifts - alternate earlies and lates, he had an injury at work and they swapped his shifts onto nights and he has worked on nights continually but all the drivers whether day or night have the same contract. He has not been on any other shift for the past year. It is frustrating as he still has not been told of the change and no doubt he will get a call on Sun to tell him his earlier start time on Monday. I know that the hours are different for day drivers - he will be able to now work a max of fifteen hours instead of eleven so more hours for less pay as he will lose the shift allowance
  3. I would suggest not signing anything by hand. When I signed my Affadavit it was sworn at the court by one of the clerks there, I did not need to see a Solictor. HTH
  4. thank you for your help - I thought that this was perhaps the case but worth asking
  5. My Boyfriend works as a driver and has been working night shifts for around a year. There was a Union meeting on Saturday which unfortunately he could not attend as he had to go to a funeral. The gist of the meeting was that some drivers including him would be changed from nights onto a permenant late shift. He has not yet been told officially that this is the case but other drivers who were at the meeting confirmed this to him. He will therefore start on a late shift (12pm - 12am) on Monday. The main issue is not really the lack of notice or shift pattern although they will be a problem with child care but more that he will lose his night shift bonus. He is not employed as a night driver but just as a driver so am I right to presume as they say that he should just fit into the 'needs of the business' any advice would be most welcome. TIA
  6. It needs to be in by the 30th according to the court.
  7. Ok have just checked and the defence needs to be there by the 28th May so still some time - I guess I need to wait for a bit to see if I recieve any docs in response to the above letter?
  8. thank you I will go have a look
  9. I wondered if there is anyone that can help - after ages of head in sand syndrome, I am trying to get affairs in order and sort these charges out. I did send a SAR to Lloyds in Jan that was signed for. Obviously well over the 40 days now but no response, is there a standard letter that can be sent to chase this up. I also recieved to day for the overdraft a letter from BLS saying that due to lack of contact we have no intention of paying this debt to them. I believe that the vast majority, if not all is made up of charges. but without statments from them I am unable to check this. They ask for contact to be made withing 14 days via the telephone otherwise they will commence legal action. Is there there a letter that should be sent in response to this - it is a joint account and we each received a letter stating the same. TIA
  10. There were t and c's which arrived as part of the claim form - they were not sent as part of the original CCA request, only the front page of the application form - I think that they are mentioned earlier in the thread - the defence that Paul very kindly wrote made reference to them - they were smaller in font size, different font etc and no reference was made to them being on the reverse on the application form. They did have rates etc on them but as no statments were supplied after either requesting them as part of a CPR request or after an order was made by the court I was unable to compare to see if the interest rates tallied - The judge said that rates change anyeay so this would be irrelevant and said that he felt that the order had been satified by the partial bundle of statements provided - they basically covered the time that the account was in arrears. It came down really to the fact that the Judge decided that the t and c were sent to me, were legible even though the copies that they supplied were not - the Judge said that I would need to produce the copy sent as part of the response by the Solicitors to prove that it was not legible - not sure how to do this as it was not ever rec'd by me. The fact that the t and C were on the reverse was based on hearsay as the witness from the bank had no idea - only that as he said they def related to my application form - he had phone a colleague and relayed the info from his colleague after the conversation to the judge. The default notice shown in court had an incorrect digit in my address and it was by the banks witness own admission a reconstructed copy and again as I did not have the original it was allowed The Judge decided under a cpr rule that post is deemed to have arrived if sent by first class post so therefore being auto generated would be sufficient that I had rec'd it. so.... It is frustrating but I am glad that that part is over. Being in a court room was actually not anywhere near as intimidating as I imagined and it was in a way an interesting experience. I have however obviously been landed now with costs on top of the original amount and of course if I appeal and lose then there would be additional costs. The Judge asked about payment and said that unless I could offer a substantial amount each month then a charging order will be obtained. Does anyone know what happens now - I was not given the opportunity to discuss income/expenditure, does this happen once I recive details through the post of the Judgement? - I did ask the Judge but he said that he would not discuss an amount again unless it was substantial. He did however say that he expected the claimant would 'leave me alone' after a charging order was obtained. Is it best to start making installment payments now and do you know if I would send these to the bank or the sols? TIA
  11. In a nutshell, the Judge decided that it was probable that the terms and contitions were originally on the reverse of the document therefore formed part of the agreement and were deemed enforceable. He said that the Default notice would have been rec'd by me as it was auto generated as per the bank's witness statement and that the amount corresponded with the amount on the last statment that it was correct - he would not enter into the fact that the amount contained penalty charges. He also said that the agreement was legible He did however state that I should be commended for the research etc so thank you Paul for your help. He amended the other sides costs as he said that the case did not appear to have had the input from a senior solicitor so the costs related to that were removed.
  12. and so to update..... today was the big day in Court and I lost will be back over the weekend to add details... Thank you to everyone that helped, you all made the process so much easier.
  13. Thank you I will give them a call tomorrow as I doubt that I will get a reply from a CPR letter - they took the payment for the CCA from the balance and did not respond
  14. the claim form is dated the 29th so 28 + 5 (is this correct?) days from this date.
  15. thank you - I thought that this was the case but always good to check
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