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debtdebtdebt

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  1. I see where you are coming from.....it is unfortunate if we have to come down to the evidence part but I am certain if I have a compelling enough argeument it shows a good reason to challenge the decision. Employer responded to my original statement of the facts and my grevience so I know on what points they will make thier case. In addition I also have the HR (puppet) department on my side too, they are a bunch of novices who stomp around all day hiding behind voicemail and email......its clear the americans work the strings they just have to find a way to apply it in a convincing manner. I am personally aware of several running cases challenging the legitimacy of their actions. A significant and well developed attitude to pushing their luck and evidently well known to the EAT. I look forward to putting my case forward....
  2. OK to answer some items raised.... I am English and was working for an American company. Accompanied by almost 200 other colleagues redundancy was my fate, and as far as I know they fulfilled all required legal elements - notifying DWP/government, consultation group of staff to represent (?) the colleagues (ha ha ha ha ha ha....what a crock!) and all that stuff. I can indeed provide positive evidence to confirm the person is doing my job and performing exactly the same function no problem. In fact there was so much work we were overrun and the company had to hire 4 contractors in total! In short more than doubled available workforce/resource to fulfil this function. So this confounds the element that there is actually the work to sustain the job function....or why it was made redundant. I understood employers are required to provide evidence to refute any reasonable allegations - I am being unfairly dismissed after all!! Finally point taken regarding employee coming forward to provide evidence as an employee - I can count on 3 persons to coroborate this fact.....they can and will sign something and surely be able to register their confirmation via an independant means to maintain their anonimity. Just the very knowledge that this is a very real prospect should show them I am playing for keeps here and pulling no punches
  3. Great site and I continue to use the excellent services that are a real lifeline to many..... After the formal process of selection and notification I was advised my position was at risk/under review and possibly being made redundant. when the designated consultation period of 1 month was over I was advised due to a business re-organisational my role and thus I too was being made redundant. Redundancy was paid as notified in a letter and I was required to leave immediately not required to work notice. I think they call it 'PILON' - Pay In Lieu Of Notice? About a week or so later I returned to the company as I have many friends still working there to find a contactor doing my job - same desk same function pretty much identical except that he was not an employee. So here the plot thickens. I need an experinced opinion on how I proceed, I am not impressed. I can report I have seen this sort of behaviour before by this company - they have a very poor record with many acrimonious departures and highly illegal practices applied to this very day. Perhaps being US in origin explains a little more, as they do feel they have done the 'right thing' here but I am sorry I feel I have been taken for granted and poorly treated in contradiction of UK employment law Specifically an experienced answer to or assistance with.... 1. Is this allowed - circumstances for redundancy were quite literally created as a means to justify a business end? 2. The position was 'transferred' to a contractor not made redundant or eliminated surely TUPE applies or comes into force here? Some basic info - an employee for over 4 years, conditions were clearly indicated as redundancy and in no way linked to perfomance or misconduct or otherwise. Economic conditions - business had recently made a large aqusition of about $900million and restructuring, but there was no cross-over of new aquired businesses employees the role nearest comparable was performed by contract staff. In fact if anything the workload was increasing very rapidly which makes it even more unbelievable. Organsiational - contractor literally filled my void in every sense and action in how he performs his function and duties. Even the same bloody desk and chair! He is also member of the team I had belonged to. I have read TUPE 2006 and feel I may have a case to answer....any comments suggestions support or useful info is welcome. thanks you :o)
  4. FINAL UPDATE thanks to all those in forum land who helped and assisted. Towards the times when I really did need help I found myself flailing around libraraies CAB and other venues seeking the al important mythical advice to break these SOB's. Several months after the whole sorry crock I received notification the claim settled awarded in favour Cowards, oh and while I am on that subject a rather cosy exchange took place before I was at my final appearance at court. Very very cosy....in fact HC had spoken to the judge and did not even bother to challenge or contest the evidence I submitted. I am a lost wiser and lost more swuicthed on to the vagaries of these 'para-legal' organisations and thus will NOT be bitten again. Its all behind me now the stress of this my impending job situation etc, etc, etc - that was it.......almost until.....I find myself rather keen to claw back all the money I paid into the so-called payment protection insurance that protected me against nothing! It was the very crux of my pain and anxiety, obviously mis-sold nor did it do what it was sold to me as....so any advice on getting this started is most certainly welcome. Sorry all it is not a tale of happiness and joy....more tribulation and woes
  5. Let play devils avocate here....say the request is dismissed/denied. Would I have any recourse to continue or take any further action?
  6. Requested and permitted the opportunity to file an ammended defence which has resulted in another hearing date. To clarify do I need to completely re-submit the full defence with any ammendements and suppporting arguments documents etc, etc again to serve to both court + CL now? Still have time...appreciate any help:)
  7. blind-as-a-bat, Thanks for the advice on that, I am just waiting now....apparently 14 days then I the Court if nothing..... Just have to wait and see. Happy New Year to you (and all)... my first post of 2010!
  8. Request to Set Aside filed with court today, now waiting. Anyone an idea how long I wait before I contact court for status update, or is this usually pretty swift? thanks DDD
  9. Well hypothetically that may be so...or not, but more tangible and readily available evidence - my own Credit history indicate the default date - 8th September 2008...ooops!
  10. Ta, I did recall seeing this, but couldnt recall who or what....LOL!!!
  11. Picture this...... Lets say hypothetically I a DN has been issued and found - what would the resultant be from that point onward? Apart from the fact it proves the document suggested by CL finance is a fabricated and a forgery? Comments please or direct me to a similar thread.....
  12. Time up tomorrow 30th Dec for definite. I propose to request for the action to be Set Aside due to forged DN, coupled with complete lack of response/disclosure to both the court and me when requested or ordered. The reliance upon the forged DN is still to be proven that it was ever served or proof of it. I am also asking for court to reconsider my amended defence as the huge scope of latitude permitted to the claimant to file the 'so-called' DN more than 2 months after the court ordered it....and was permitted! Surely if the Claimants DN is allowed then my defence 1 day late is a 'drop in the ocean' and justly the DN should not be admissable?
  13. hi dizzyblonde, What a result! Watching this with interest - I am proceeding a claim with this mob, subtle difference was never served a DN at all!!! As your DN is an admitted forgery they have at least mislead the court and you, wasting the courts time and require to be punished for this. With a sworn witness statement as to this being a true copy - this is illegal! Do not assume the court wil arrive to come to this conclusion, waste no time in questioning their credibility and press for immediate strike with the most severe punitive action. Many posts regarding invalid DN's - but check with ST member for more authoratative response on how to proceed now your DN has appeared. Could be a problem if that you have admitted you actually have the original. However I dont claim to be an expert on this (like you) best get an experts viewpoint;) Good luck!!
  14. Thanks super snooper + ski1382, I was worried that may be the case, I am now waiting to make a call to the court office to confirm definitively when my time is up. If present circumstances are anything to go by it's unlikely to be in my favour. Your comments are appreciated....thank you
  15. Amended Defence..... CL Finance - Claimant and Me - Defendant ************ DEFENCE ************ 1. I Name and address am the defendant in this action and make the following statement as to my amended defence to the claim made by CL Finance Limited. 2. Except where otherwise mentioned in this amended defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. THE PARTICULARS OF CLAIM 3. Further to attendance at ****** County Court on Wednesday 2nd December the defendant was embarrassed as to not having copies of the documents that the claimant had filed with the court but had not served to the defendant as directed by Deputy District Judge name. 4. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. 5. The copy of the Default Notice the claimant submitted in the ****** county court on 2nd December 2009 is not compliant. The claimant has not provided a compliant copy of the Default Notice that they claim has been served under s87 (1) Consumer credit act 1974. THE REQUIREMENTS OF THE CREDIT CONSUMER ACT 1974 6. The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Default notice. Therefore such Documents that are produced before the court must comply with the relevant sections of the consumer credit act and the regulations made under the act. THE DEFAULT NOTICE 7. Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement 8. It is noted that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) 9. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. 10. In particular by Regulation 2(2) of these regulations, any Default Notice must include both a description of the agreement sufficient to identify it and the name and a postal address of the creditor or owner. 11. It is denied that the document exhibit A is a valid Default Notice in that it is not in the prescribed form nor does it contain sufficient information to identify it or the name and postal address of the creditor or owner. 12. The Default Notice provided by the Claimant to the defendant is inferred that this document was posted to the Defendant on 23rd March 2006. By S7 of the Interpretation Act 1978, a posted document is deemed to have been served at the time when it would be delivered in the ordinary course of post. I, name do believe the above statement to be true and factual. Signed: Dated: 12th December 2009
  16. ss, Here is the Order..... Dec 2nd 2009 picture by luffxobni - Photobucket
  17. supasnooper, Hi and thanks. I will post up Order to present amended defence. The amended defence is seen in post #179..... The order permits in default of defence '....there shall be leave to the Claimant to enter Judgment for the full amount claimed plus costs...' Original minus details to be posted in few minutes....
  18. cb, Appreciated....you have been helpful. Will see what the ST has to offer.......
  19. cb, I think I get it...... If I had put a conclusion or similar and said the claim should be struck out - that would have been enough cause of action? OR (as you say) is the cause of action required from CL not me?
  20. Yep done it....with comment of ''H - E - L - P please?''
  21. cb, Thanks and I see where you are coming from.....but it seems if my initial defence is not upheld which was a request for all relevant documents they are still witholding information. But the judge seems to have accepted documents that trickled in slowly and late - despite the order of the court - most especially the DN that is most likely fabricated but clearly non-compliant nonetheless! Deperate now....but your help is appreciated;)
  22. Thanks cb, Here is my amended defence....and urgency is required and appreciated - must be in tomorrow to comply comply with the courts notice. Unless I am mistaken this means the judge apears to accept DN as compliant which worries me a lot :o( In the XXXXXX County Court Claim Number (Ref) Between CL Finance - Claimant and Me - Defendant ************ DEFENCE ************ 1. I Name and address am the defendant in this action and make the following statement as to my amended defence to the claim made by CL Finance Limited. 2. Except where otherwise mentioned in this amended defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. THE PARTICULARS OF CLAIM 3. Further to attendance at Guildford County Court on Wednesday 2nd December the defendant was embarrassed as to not having copies of the documents that the claimant had filed with the court but had not served to the defendant as directed by Deputy District Judge name. 4. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. 5. The copy of the Default Notice the claimant submitted in the Guildford county court on 2nd December 2009 is not compliant. The claimant has not provided a compliant copy of the Default Notice that they claim has been served under s87 (1) Consumer credit act 1974. THE REQUIREMENTS OF THE CREDIT CONSUMER ACT 1974 6. The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Default notice. Therefore such Documents that are produced before the court must comply with the relevant sections of the consumer credit act and the regulations made under the act. THE DEFAULT NOTICE 7. Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement 8. It is noted that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) 9. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. 10. In particular by Regulation 2(2) of these regulations, any Default Notice must include both a description of the agreement sufficient to identify it and the name and a postal address of the creditor or owner. 11. It is denied that the document exhibit A is a valid Default Notice in that it is not in the prescribed form nor does it contain sufficient information to identify it or the name and postal address of the creditor or owner. 12. The Default Notice provided by the Claimant to the defendant is inferred that this document was posted to the Defendant on 23rd March 2006. By S7 of the Interpretation Act 1978, a posted document is deemed to have been served at the time when it would be delivered in the ordinary course of post. I, name do believe the above statement to be true and factual. Signed: Dated: 12th December 2009
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