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toolongtooshort

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Everything posted by toolongtooshort

  1. £6m loss! I'm glad to be part of that when they wasted £140 on court fees trying to get a CCJ, and when challenged, they didn't respond to my defence and case struck out. I live really close to their offices and keep telling myself I should apply for a job there, just for a short while and would enclose notes to all customers to ignore their letters and seek CAG Hmmm wonder if I, TLTS could bring Crapbot down.
  2. Hi all, My GF has worked for a high street retailer for 10 years, 9 of those were full time until Jan of this year when our daughter was born. My GF returned to work in Sept on a PT basis and it was agreed by both parties that she would work 5pm - 9pm as she was still breastfeeding and this time suited best for baby. I have started a new job this month which while works days (Tues, Wed, Fri) has also the responsibility of being on call every night should the need arise. My GF therefore requested a change of hours using Flexible Working, from evenings to Mon, Thurs, Sat or Sun on the same hours per week. She works within a department on a shop floor and the store has 8 or so departments with a Headcount of excess 500 Employee and currently 200+ temp staff. The Company is UK wide and employees over 30,000 staff. She had a meeting yesterday concerning her request and 3 hours later receive notification that her request had been declined on the basis of Insufficiency of work during the periods the employee proposes to work. However for the last three weeks and the next two weeks she has not worked one evening shift. They have now stated that after the next two weeks she has to go back to evenings, however that means no one can look after our daughter. We are surprised that with over 500 staff, availability could not be found anywhere, and we think the person doing the interview has only explored the current dept. she works in rather than the whole store which we believe they should have and my Gf requested on her request form. We will appeal on the basis for 5 weeks they have allowed her not to work and that it is their duty to find out if any vacancies within the store are there. Also I thought that you have 14 days to file a appeal, however this letter states 5 days. Is this a breach of the regulations? Long winded I know but we are two parents with a 11 month old daughter who both want to work PT and share the child care between us and not hand our child over to someone else or one of us having to give up work and be reliant of state handouts from the taypayers.
  3. You find out that a bailiff who is working on behalf of Rosendales is local. He has been reasonable in conduct but want's his payment. He is certificated, and has levied correctly on outside vehicles but not gained entry to your home. You have identified his full name, his wife's full name, date of births, when they married and where, if they have any children. Their parents addresses. The bailiff's property address, the price paid for it, when they bought it, current lender and family & work vehicles. Their home and mobile telephone numbers. Do you act on it or ignore?????????? Are you tempted to sign them up for junk mail? Make phone calls? Seek revenge in any way? Before anyone asks, nothing to with me, just curious, do bailiffs cloud your judgement and make you seek revenge against them for doing their job (albeit not always correctly) if you knew the above information. Or are the majority level headed and always follow procedure although tempted?
  4. I can vouch for that, they sent me a NoA with 'COPY' stamped on it dated Feb 2003 from the OC. However knowing how letterheads work, there was a code at the bottom with 03/05, which translates to March 2005, and therefore could not be a 'COPY' as they stated. Additionally the small print on the bottom of this letterhead had 2008 also. Another tell tale sign. But the biggest mistake they made was that the OC's logo had changed in 2005, and although the NoA 'COPY' was dated Feb 2003, they had included the 2005 logo.....hmmm work that out. Crapbot are just that Crap Bottoms. They tried to take me to court and didn't respond when I entered my defence. I'm still undecided whether to report them for a false NoA, and the moment they contact me about anything then I will.
  5. Have you contacted any of the other sellers around the date of your feedback to see if they also have had a chargeback against the items they sold to him? If so, ask them what action they took also. It may help build a better picture for you and Paypal.
  6. Do as Evader has mentioned. Send a LBA (Letter Before Action) to the last known address, giving 14 days to make payment or court proceedings will commence. Remember to state the date that he must comply by (ie. 14 days from receipt of letter). Send the LBA by trackable means as this will be used as your evidence in court should you need to rely on it. If no response then file a claim online, remembering to add a reasonable amount of costs to the claim for your time and hassle. I think you can also ask the courts to consider compensation for you instead, but someone else here will need to confirm that. If you are still on talking terms with the wife, ask her if she knows where he has gone to, it it was a bitter split, she might willingly give his new address to you. If you obtain judgement by default you can send in the bailiffs / DCA, however that's when the hardest bit is to recover funds by judgement. Remember to send a copy to the DCA chasing you, it keeps them in the picture and may stop them for the interim chasing you if they know you are trying to recover the funds. The DCA want their slice of the money and if you get it from the Buyer and hand to the DCA, then the DCA goes away a happy bunny as they made a profit without doing much of the work. That why you build a compensation cost into your claim to pay for your time sorting it out.
  7. Whilst PayPal are chasing you for the debt, there is nothing stopping you filing a online small claim against your Buyer for the amount of £270 + court costs + reasonable costs amounting to you having to investigate law to make this claim. The fact it's over 12 months is no difference. Do some covert investigation to confirm that the individual is still working there, or do you have their home address, use 192.com to see if on the voters role as the same address as PayPal. I hope you still have the Recorded / Postage Slip and can still get a copy of the signed for signature that Royal Mail obtained? The postal slip will detail the cost of postage and therefore can work out the weight to confirm that you sent the item and not just an empty envelope. Something for the future any item of value over the max compensation for Recorded should go via Special Delivery or Courier with the correct cover. For £270 it should have been Special Delivery as Recorded currently only covers upto £36 protection. Also have you any communication from the Buyer that the item was received by them and were happy with it. Even the use of Feedback on eBay by the Buyer can be used as an admission of receipt. Which can then be used should the Buyer wish to defend the court action. Don't let them get away with it, either the boss had nicked the Buyers card details (as they signed for it), or the Buyer knew exactly what they were doing. If you still know the Buyers eBay ID, see if any future feedback has mentioned the same thing from other Sellers.
  8. Hi all, Since coming here and getting advice last year to fend off Crapbot from a summons, which ended up stayed and Crapbot confirmed files closed as they never could supply CCA, DoA or Statements of Accounts they claim to originally have. I've been spreading the word about CAG. This leads to a friend asking me today of their situation. They used to work in a bank and therefore over the years of their employment had staff loans. They took out a loan some years ago, and between taking it out and the end date, topped it up with additional funds verbally over the phone (no signing), they then left the bank, continued paying, then had to change the interest rate as now ex-staff again verbally (no signing to agree new rate or monthly amount), and continued paying. Unfortunately earlier this year they were unable to make payments and after 3 missed payments, RMA/NCO were appointed the debt. My friend has ignored all their letters and the odd phone since. But now wants to sort it out, as I've told them it's for the best rather than try to hide for 6 years. I've suggested they start with sending a CCA request to RMA/NCO and see where it goes from there. What they did ask me as they can't find any paperwork is that if the loan was originally taken out for one amount, then topped up to a different amount (verbally), then interest rate and monthly payment changed (verbally) and therefore the original terms have changed, will that affect the CCA request? It is apparently standard practise to agree and amend staff loans over the phone.
  9. Used to work for a UK clearing bank for 19 years. Whilst I don't think it's illegal, it would certainly be against their employment contract and could lead to gross misconduct. When I worked, there was an occasion when word got around that all of Take That had their accounts with us (the bank). The system then allowed you to search for name and postcode or area. So quite easy to find someone. Some individuals ignored this and looked at their accounts, also got their personal numbers. Every thing that was done on the system is audit checked and signed off at the end of the day. As weel as kept for 6 years, before going to central storage for a further 6 years. These individuals were dismissed for gross misconduct as they had no true purpose to look at the accounts. So it can be done, but is not allowed within the company. Not sure if a S.A.R. would show when your account details were accessed and by whom though.
  10. Someone will be along later with the correct templates. But I guess the first letter would be a 'prove it', you can also send them the harassment letter, informing them not to phone you. Or if you are absolutely sure it's 10 years old and you haven't acknowledged the debt or made any payments, send them the statute barred letter. All letters, print name, don't sign and send Recorded as a minimum. I had issues with Cabot who issued a Court Summons for circa. 8k, I knew I never had any debt to the companies they claimed. I defended, they didn't and it was stayed. Then I received notification from Crapbot they were closing their files! Chancers, pure chancers.
  11. Firstly, anyone that calls on behalf of TV Licensing (Capita) has no power what so ever to enter the property. You don't have to answer any of their questions either. You can politely ask them to leave and tell them you are staying here as a friend of other tennant. Then if he has a lock on his door, then ensure it is locked at all times if he is out, in case one of the other tennants accidentially let the Capita person in to look around. It is extremly rare for a search warrant to be obtained, they would need to have good evidence to present in front of a court to obtain one. ie. a signed or written confession that your son has a TV. Ensure that your son has all his DVDs close to the TV. Ensure that your son doesn't get caught out with any questionning or complete any telephone surveys where by they ask you your favourite TV programme and what was the last thing you watched, or do you own a TV, DVD, PC, etc. If he honestly doesn't watch TV then he doesn't have any worries.
  12. Incorrect, it is amazing how many people still think that, and that's what TV Licensing what. Taken from TV Licensing themselves. Do I need a TV Licence? You need a TV Licence to use any television receiving equipment such as a TV set, digital box, DVD or video recorder, PC, laptop or mobile phone to watch or record television programmes as they're being shown on TV. If you read this correctly and break it down into sections..... TV, Digi, DVD Recorder, Video Recorder, PC, Laptop, Mobile. Q1. Do you have any of these? If Yes then go to Q2. if No then go to Q4. Q2. Do you USE any of these to WATCH or RECORD television programmes AS THEY'RE BEING SHOWN*? *"AS THEY'RE BEING SHOWN" is another way of saying LIVE broadcast If Yes then go to Q3. If No then go to Q4. Q3. You need a TV Licence. Q4. You DO NOT need a TV Licence.
  13. That's what the TV Licensing bodies want you to think. You ONLY have to purchase a TV License if you watch LIVE broadcasting or RECORD LIVE broadcasting, whether that be on a TV, Laptop or Desktop. You can have your TV plugged in, Aerial plugged in, however if you are not using it for the above two reasons (ie only using for game playing or DVD/Video viewing) then you DO NOT need a TV Licence. The issue is should TV Licensing take you to court, you would need to prove that you never watch or record LIVE broadcasts. Also the people that call at home addresses have no power whats so ever and cannot demand to enter until they have a court order (what these days is as rare as Tottenham getting 3 points). These is a great website Letters from BBC Television Licensing/intro where an individual tells their ongoing battle with TV Licensing.
  14. As it would be for Xmas, could we not send them a padded envelope of Holly, enclosing a note stating this holly is for decorating purposes only. Then hope the hand that enters the envelope isn't wearing gloves! Or is it possible to scan a pre paid envelope, then print out 100's of them on A4 paper, cut them out and stick to any old junk mail envelope over the original address and then fill. So for example you receive a Virgin Media junk mail or SKY, cut the pre paid envelope out, stick it over the Virgin Media / SKY pre paid envelope address, fill it and post off? Would help as we would only need one pre paid envelope for each company. Just had a lightbulb moment, could each one of us scan a pre paid env host it on photobucket in a public album, then we can all view it, 'save as' and print our own out
  15. Just keep hold of all letters, as if Cabot do respond to your defence, you may be able to use their confusion to aid you. I had a similar thing whereby Cabot issued a CC claim, entered my defence and the court asked Cabot to prove the debts, they couldn't and it was stayed. Cabot since contacted me advising they were no longer going to attempt to collect the 'debt'. Although they had no chance getting it in the first place. Good luck.
  16. I have to agreed with the sentiments to have Sub forums, especially Cabot. Without the knowledge and help I found here on last year, I would most probably have a judgment against me for circa 8K for two debts,that were never mine. Had I not picked up advice here, I wouldn't have known about CCA or CPR. And could of completely messed up my defence. However purely down to the people here I filed a defence and Cabot failed to respond to the court when asked. Result case stayed, but Cabot have since written to me stating they are not chasing this debt, even though it wasn't mine in the first place. Are the Mods having pressure put on them????? Would seem a shame, as would make this site once great to just good!
  17. As this is Cabot, there is a dedicated thread for them and this should be moved there, I think a Mod will spot your title and move it for you. If you can, post the POC but remember to take any personal details like acc numbers, or the exact amount of each individual debt. Then you should send a CCA request by recorded delivery. Additionally I think under Civil Procedures Rules you can also request any information they had as you will require this to form part of your defence / admitance. And it may help identify when the last payments to each individual debts were made. Can you also advise of the service date and when you need to enter your acknowledge of servie or defence by. I had Cabot do the same thing, although I had no knowledge of the debt, the case was stayed as Cabot couldn't provide any evidence that the debts were enforceable, and failed to respond to the court in time.
  18. Well since the last letters from Cabot were mid November advising that we don't have your CCA but have requested in from the Original Creditor, I had no further contact until today. Although the court ordered them to reply if they wished to proceed with the case after being informed of my defence by early December, which they failed to do and thus case with stayed. The letter today advises me that they have been advised by the original creditor that no CCA can be found and that no further attempt at collection will take place on one of the alleged debts Well bully for them, the fact is I never had an account, or that they ever sent me any docs to prove otherwise, but had the front to try and pass a judgement against me stinks. Keep fighting everyone, know your rights, make them prove.
  19. Right getting this thread back on track. Do as CB says and send them that letter by recorded delivery. Cabot put a court claim in, claiming that I owed circa 8k to two companies that I knew I had never had dealings with. Thanks to advice here, I challenged them to prove that the debts were linked to me when I defended the claim. The court gave Cabot a certain amount of days to respond, they never did, so case was stayed. Additionally haven't heard a dickie bird from Cabot since. They take a chance to see if someone will think "ooh I might owe some money, must be right then", and admit to the debt presented to them and start paying. Remember the golden rule any DCA has to prove that you owe the debt, not that you have to prove you don't.
  20. Edz11, I'm assuming that yesterday was a success then? All, In my case I had no previous contact from the DCA and then a court claim appears, sent the relevent CCA request, no reponse to 12+2+30 and court ordered DCA to respond within 28 days if they wanted to proceed. The DCA never replies to court and case stayed. I hazzard a guess that like what Edz11 states, the DCA was relying on a Debtor/Defendant to file the papers under a big pile and hope the problem goes away. However with me I had never had a relationship with the two OCs that the DCA stated, so knew straight away no CCA would be found.
  21. Seahorse, Think I will now invoke their complaints procedure to start with. Will demand that the failure to provide the court with any repsonse proves without question of doubt they were attempting to achieve judgement by default, and therefore the stress and time involved in obtaining credit reports, understanding my rights, learning the details of the CCA 1974, my cost to send a CCA request which will include electricity, paper, ink, petrol, envelopes, postage. Plus the need to use the internet to file my defence, should now be compensated. However I will give them the option to correct if they advise myself and the court that they are never to proceed on this case and attempt to remove the stay that they couldn't even provide a application form for, which they normally send to everyone else, trying to fob off as a CA!! So could I have some balloons on my thread, and thank you guys for all the help, support and interest. Thanks for the fun Cabot
  22. As I predicted, Cabot have failed to provide the court (or me) with any evidence or confirmation that they wish to proceed with the claim. Therefore the case is now stayed, and Cabot will need to obtain a court order, if they want to continue with the claim, and have to explain to the judge why they failed to provide in the first place. I knew all along that they were chancing their arm on no defence being entered and getting judgement by default and there was nothing on my credit files or that I had anything to do with the companies mentioned. I want to follow this up now and report them to the relevant bodies to hit them further in the pocket apart from the £240 they have just wasted on court fees. I've heard nothing from them apart from the initial response acknowledging my CCA request and one holding letter. What letters and bodies do you guys now suggest?
  23. The Money Claim On-line (MCOL) service is unavailable from 18:00 on Wednesday 19th December 2007 until 9:00 a.m. on Monday, 31st December 2007, whilst an upgrade of the application takes place. Taken from moneyclaim site. MODS are you able to make this a sticky or add to top of each section. I feel that this is very important for persons involved to be aware and that documents will need to be advised to MCOL via Special Delivery only during this period.
  24. nelix. Don't worry about the template letters that arrive with threats of pre-litigation, charges against properties or attachment to wages. The key words are 'could' & 'may', which translated mean that they more than likely won't, but the letters/demands are designed to make you think they will, and to worry you. Stick with the CAGers here and you will get fantastic advice and support all the way.
  25. Contacted the court today, and they haven't received any response from Cabot. Which doesn't surprise me one bit, as they have failed to provide the requested information to me in time, so why should they supply to the court. Just adds more power to the defence that the claim be struck out rather than stayed. Which I will advise the court as soon as their deadline for responding has passed. Cabot are so bad at achieving success I've heard that they are lining up Steve Mclaren for the CEO role :grin:
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