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bennieee

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Everything posted by bennieee

  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
  16. I have received a county court claim form and have acknowledged service online. I have sent a copy of this letter; In the XXXX County Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME) c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours sincerely, XXXX (type, don't sign). However I also sent on 18 Jan this year a CCA and did not receive a response - the money was put towards the account. the claim details are as follows; (it is all in caps) The claimant claims outstanding monies due and payable by the defendent under a credit agreement whereby the defendent agreed to repay with interest the value of the credit obtained. and the claimant claims 1. the sum of *amount* 2 interest persuant to s69 of the county court act 1984 at the rate of 8.00% from *date* hereof *number* days is the sum of *amount* 3. Future interest accruning at the daily rate of *amount* 4. Costs What else do I need to do now - is it worth contacting anyone about the lack of response to my CCA request? thank you in advance.
  17. I have received a county court claim form and have tried to acknowledge servic online but can not currently gain access to the info so will have to try later... I have sent a copy of this letter; In the XXXX County Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME) c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours sincerely, XXXX (type, don't sign). However I also sent on 19 Jan this year a S.A.R - (Subject Access Request) including the required fee of £10 and have never heard a response. The particulars of the claim are as follows; 1. By an agreement in writing and regualted by the consumer credit act 1974, the claimants issued to the defendan a credit-token, Lloyds Personal Advance Card, for the purpose of the defendant aquiring goods/services on credit. 2. Clause 7 of the agreement provided that the Claimants would furnish the Defendent with a monthly statement showing the balance currently due, the minimum payment to be made and the date for payment. If the balance was not paid then provided the defendent made the minimum payment on or before such date, the remainder of the balance should remain outstanding and the defendent should pay interest upon it per month in accordance with clauses 8 and 9 of the agreement. 3. In breach of the agreement, the defendent failed to make payment and on the *date* the claimant issued a defualt notice persuant to section 87(i) of the consumer credit act 1974 4. On the *date* the clainmant did issue a formal demand to the defendant. 5. The claimants therefore claim the balance due under the agreement ***amount*** Do I have 14 days from the date on the claim form to acknowledge service of do they allow time for posting? Also should I have sent the request for info to the Solicitors or to the Bank ? Thank you in advance for any help
  18. Hi all, I am reaching the end of the paperwork regarding a court case with HFC - the last thing that I need to do is the pre-trial checklist. Does anyone have an example of one of these, it is all pretty much straight forward except the first page - 1. I confirm that I have complied with those directions already given which require action by me. YES 2. I believe that additional directions are necessary before the trial takes place. YES/NO I don't think that additional directions are needed as they remain the same as when they were first submitted. ... The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, Document, contract or deed of assignment if any, Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925 if any. Copies of any statement or other document relied upon, the judge ordered that the claimant supply all the information detailed in a request for information; 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. but this has not been forthcoming. I have written to request this again but my requests have been ignored. Should I just write again and does anyone have a letter that can be used? Witnesses is just me - there are no experts allowed. Presentation, again just me The Trial details are straight forward and then F - It lists a series of tick boxes, asking you to say which you have attached, an application and fee for additional directions a draft order Listing fee - what is this? A proposed timetable for trial - what do I need to for this? An estimate of costs - Do I need to submit this as I am the defendant. Thank you in advance
  19. I did get an application form back and used this on mine - it may be of a little help? I am seeking a set-aside of the Statutory Demand, on the basis that the alleged debt is disputed. I sent a request to the Claimant on (insert date) by special delivery, under section 78 of the Consumer Credit Act 1974, for a copy of a credit agreement that the purported debt refers to. I received a reply from the Claimant's Solicitor on (insert date) in which they state a copy of the alleged agreement was enclosed. The document furnished on behalf of the Claimant, is a copy of an application form, it is not a credit agreement, as it does not contain any prescribed terms, which it must possess to be enforceable. The Court is therefore precluded from enforcing such a document under section 127(3) of the Consumer Credit Act. For the reasons detailed, I would respectfully like to ask for the Statutory Demand to be set-aside. I would also ask the Court to make a costs order against the Claimant, for issuing the Statutory Demand, which is an abuse of the Court's time. Bennieee
  20. ^^ that does make interesting reading - my case started in July last year when a SD was handed to me - I got it set aside and am now nearly at a court date - pre trial checklists are due in next month so just waiting. I really hope that it does go okay for you - I know that there have been times when it has felt so overwhelming and stressful. bennieee
  21. Hi Hopeful, just read your thread and wanted to add some support - I am currently going through the same with HFC / Weightmans - they did not reply to my CPR request and to date I have still not received the information from them despite the Judge ordering it to form part of their disclosure. I hope that it all goes well for you Bennieee
  22. Thank you - I will try the manager first and if not start the reclaiming process. Thank you for the help - I will keep you informed
  23. I received a letter this morning advising that a DD was not paid due to insufficient funds last Wednesday. I am a little annoyed as I went into the branch on Tuesday to see if anything was due out before wages got paid on Thursday and was told that nothing was. It would appear that the Unpaid item fee was taken immediately causing an overdraft on the account. I presume that I will also be charged for this. Does anyone have a template letter of similar that I could use to send to the bank? I have applied so many times for online banking only to never recieve the full details to enable me to log on so I am not able to check any details online -if they had advised me that there was a payment due out then I would have txf funds to cover it Hope some one can help
  24. This is the list of documents that I have - not much received as I am still waiting for a response in regards to the data request. 1. Correspondences ...........Date……….Description ......................... ......................... .............No. of pages (A) 05-07-07 Copy of Statutory Demand received from Weightmans Solicitors – to bennieee (B) 12-07-07 Letter: Data Protection Disclosure Request from bennieee to Weightmans Solicitors © 12-12-07 Letter: Data Protection Disclosure Request from bennieee to HFC Bank Ltd (D) 19-07-07 Letter: Weightman’s response to (B) from Weightmans Solicitors – to bennieee (E) 23-07-07 Letter: querying (D) from bennieee to Weightmans Solicitors (F) 24-07-07 Copy of Application to set aside Statutory Demand. (G) 01-08-07 Letter: Informing that the Statutory Demand has been withdrawn from Swindon County Court to bennieee (H) 12-10-07 Copy of County Court Claim form (I) 19-11-07 Letter: Request for Information from bennieee to Weightmans Solicitors (J) 04-12-07 Copy of defendant’s Defence. (K) 12-12-07 Letter: Copy of Notice that Defence has been filed from Liverpool County Court to bennieee (L) 13-12-07 Notice of Transfer of Proceedings from Liverpool County Court to bennieee (M) 27-12-07 Letter: Covering letter with claimants Allocation Questionaire from Weightmans Solicitors – to bennieee (N) 31-12-07 Letter: Claimant to Solicitors – confirming return of Allocation from bennieee to Weightmans Solicitors (O) 04-01-08 Court Document – General Form of Judgement or Order 2. Statutes ...........Description ......................... ......................... .............No. of pages (AA) CCA 1974 section 60,61,78,127 (BB) Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) (CC) Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) (DD) Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557) (EE) Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) The Claimant will also make reference to the following case laws; ...........Description ......................... ......................... .............No. of pages 1.Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 (5) 2.Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 (1) 3. Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) (20)
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