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Kefz

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Posts posted by Kefz

  1. Hi all,

     

    Have a bit of an unusual (or maybe not so) situation with Robinson Way and a credit card company who have sold their debt to RW.

     

    Back in 2005 the credit agreement came to an add and a default was registered. I paid off what I believed to be owed in 3 instalments, and didn't hear anything again. Around 2008/2009 time, I started getting letters from Robinson Way of the usual sentiment of 'you must pay'.

     

    I denied the debt, and asked for a signed copy of the CCA. They provided a photocopy of an application form dated years previous which I was quick to point out didn't have the detail required to be an enforcable agreement under the CCA. They have since argued that 'it has all the detail we require to make a collection', but they have never risen to my areas of critique. Whenever I've also protested that the debt is statute barred, they claim they have evidence of my acknowledment of the debt (which I dispute and they have never provided any detail on).

     

    Several dozen letters of the 'you must pay or go to court' variety followed, ignoring my multiple requests to stop sending me letters. In addition to the signed copy of the CCA, they also included credit card statements/balances.

     

    On top of the CCA being unenforcable (and statute barred) given that the last acknowledment was 2005, 'one can view the statements and add up a total number of charges'. This number is a sizable amount, of individual value over the £12 that the OFT considered to be fair. When I put this to RW, I was told to speak to the credit card company. I sent them a letter, and this is where it gets interesting ..

     

    Their response was that given that the charges occured over 6 years ago, they would be unwilling to refund them back to the account due to the charges themselves being statute barred as it occured over 6 years ago. So hang on a minute - the DCA that sold the account can pursue me for a debt (of *less* than the value of the charges) which the credit card company commits to black and white is comprised of statute barred charges/elements, how does that work?

     

    Not sure if anyone has ever seen this situation, but surely this re-enforces the view that the debt is indeed statute barred? Would appreciate any view or sharing of similar experiences.

     

    K

  2. Hi Rooster

     

    Again I think that's fair point and just about done and dusted if it's either in your terms of employment or in the bonus agreement/documentation - but if it's not agreed then the point of the matter is that there's a question/expectation there that hasn't been met.

     

    In your case it'd be like saying 'oh well actually on top of the existing stipulations for collecting it, you also must be an employee for 28 days after the date of payout'. Agreeing basic principles at the start is one thing, adding a second set of principles when it suits is another really ...

     

    Cheers

     

    K

  3. At risk of sounding provocative, but I have absolutely no doubt that

     

    a) it's prudent that you should leave after payout to avoid the mere risk of this and also

    b) a lot of companies will try it on if you do leave and they can try and dodge it

     

    But that doesn't mean to say that you should roll over and take it in that event. Storage, in that case you'd be at a disadvantage since obviously the terms of your bonus would be clear that it's up to them if you leave .. unless obviously there are circumstances where that might not apply, ect ect ect.

     

    K

  4. I've spoken to a solicitor c/o our Halifax insurance and the results are very promising. Apparently the route I've taken is exactly correct, namely:

     

    1) Raising the issue in a meeting

    2) Raising a grievance as a result of the lack of satisfaction in the above, arguing that the company bonus isn't discretionary based on paperwork attached to the bonus, and the lack of custom and practice, plus the warning of anticipated breach of contract/unlawful withholding of earnings (bonuses considered to be contractual become wages under the Employment Rights Act 1996 (section 27)).

    3) Awaiting feedback before it gets taken further.

     

    Her words outside of the above were that our argument should be that the payout date of the bonus is irrelevant since the money is 'earned' whilst an employee throughout the period of 2008. In a way it would be like finishing with an employee half way through a month, expecting the 1/2 month pay at the end of the month on normal paydate, only to be told you aren't allowed the pay because you weren't an employee at the time.

     

    My advice to anyone in the same or similar boat would be to look to see if your house contents insurance covers you for legal cover in these situations - mine is a reasonably petite package with the Halifax and it does absolutely, and they've been great and have said that they will file a claim against the company for me if it gets that far.

     

    HTH someone out there!

     

    K

  5. Hi Trilby

     

    Many thanks for your help. I've not drafted it yet but just had a meeting where I was told that I will not receive the bonus payouts if I am not an active employee on the payout dates. As I argued, this is not included or even insinuated in the bonus paperwork and they are actually denying that the paperwork effectively becomes a contractual obligation to myself!

     

    I'm raising this as a formal grievance but the rationale seems to be to keep me here until the end of Feb. Any ideas?

     

    K

  6. Hi Ker

     

    I do indeed - to be honest, it went tango uniform unfortunately. Despite hearing that the judgement was not legitimate due to it being a judgement by default whilst under the CCA (not allowable) and with clear evidence including a letter from the solicitors firm of them actually admitting to coming to an agreement then effectively changing tack a month later, a letter was sent after the hearing stating under the Act which dictates set asides, I hadn't "shown enough evidence".

     

    Just to make it more interesting, the judge slapped me for the costs of the other half at the required one hour of a paralegal's time to bind a document full of mostly irrelevant information, and obviously I lost the money required to begin the set aside process. Oh, and the letter duly mentions that there is no appeal process.

     

    If I'm being honest I wish and I'd probably recommend to either negotiate with the firm to settle in full on condition of the judgement being set aside, or paid it off then set it aside in the hope that they didn't challenge it since they'd had their pound of flesh as it looks like I'm stuck with it.

     

    Hope this helps

     

    K

  7. Hey guys

     

    Bit of an interesting one. The place I work tries to act like the new Google, and as such has a bit of an ill-considered bonus scheme. Details of it were released about 5-6 months ago on a single side of A4 that was given out after several meetings (one private, one to the company workforce as a group). There has never been a bonus scheme previously, and never any communique further aside from monthly "we're doing this well" updates given verbally.

     

    On the A4 sheet there are details of what the bonus amounts to (basically it's staggered sales targets in the calendar year of 2008, from Jan 1st to Dec 31st), when it pays out (50% on a date in January 09, 50% on a date in Feb 09), and what each bonus milestone will pay out. There is nothing on the paperwork that says anything about what happens if someone leaves early, etc etc.

     

    I'm likely that I'm going to be leaving (after giving proper notice) before one of the payout dates if not both payout dates, but I'll be an employee for ALL of the 'examination' period of 1st Jan to 31st December 08. I've googled this to death and spoke to several HR advisors who say that most companies will try to shaft me out of the bonus but that given the lack of clauses, past customary practice etc, I'm in a good position and I'm prepared for a fight if that's what it takes because the bonus is worth pursuing.

     

    What does everyone else think?

     

    Thanks again guys.

     

    K

  8. Just trying to put the final icing on the cake with paying off my past debts, and trying to have a CCJ set aside. The upshot is that 3 years ago out of the blue, a creditor put the account into the hands of a solicitor (well, debt collection outfit working out of a solicitors practice) who then put it into county court. Upon receiving the court papers, I spoke to the solicitors and agreed a payment plan to avert the legal action and made an immediate payment (May 2005).

     

    I'm not sure what happened the month after (June 2005) but I think I assumed they'd just continue taking it off my card, but in July 2005 with absolutely no contact I received a letter from the court saying that the solicitors had entered for judgement by default and had been granting it.

     

    For the 6-18 months after this I was in dispute with the solicitors (whilst continuing to pay), after that the communication went dead. Now there's a hearing for me to have the CCJ set aside at the end of the month, and I've entered the following evidence:

     

    1) Letters from both sides investigating the likely loss of letters from one to the other

    2) Letter saying that they did agree to settle out of court in May, didn't receive June payment and then went for the default judgement June/July (??? can you do that if you have settled, especially given fact #1 ?)

    3) Letter from the original creditor refusing my CCA request last month on the basis that it is being dealt with by their solicitors (shouldn't have have passed the letter on instead)?

    4) Explanation for the long delay in applying for set aside (i.e. attempting to resolve through communication, nasty working week to try and make ends meet etc)

     

    Now, they've responded with a wad of paperwork and a refusal to not have the CCJ set aside - and now are trying to claim a silly figure per hour on top of what they believe they're owed for 'ligitation assistant's' time! Surely they can't claim costs on this even if I was to be refused the set-aside since my application isn't vexatious or anything like that?

     

    What are people's thoughts about all of this since most people's experience of having CCJs set aside on this forum range from very straight forward to insanely difficult?

     

    TIA!

     

    Kefz

  9. Just to keep everyone updated on this - I had a letter from Lowells a few weeks ago letting me know that they were having BC draw the CCA from 'archive' and expect it soon. They also commented that they were well aware of the timelimits, but 'hoped I would understand that it might take time to retrieve from archive', whilst at the same time offering me the chance to settle the dispute with a payment of around £800, complete with 2 reminders that if/when the CCA comes back, the offer will immediately be revoked and they'll be on for the £1700.

     

    Well, the letter went on the 26th May and it'll be seven weeks this Monday (49 days - a week longer than required) that my CCA request went in, so it's time to close the issue.

     

    Just wondering, is there a letter template around to use in order to close it, or does anyone know any key points to mention in the letter?

     

    Thanks in advance once again, pleased that I've got rid of the stress of all of this.

     

    Kefz

  10. Hi guys,

     

    Was wondering if I could ask for some advice regarding an ongoing matter I have with Lowell Financial working on a debt from Barclaycard.

     

    They got in touch a few months ago quoting a debt from Barclaycard. Just for a bit of history with BC, I did have a Barclaycard around 2004-2005 with a meager limit of £650 and also had Barclay's own payment protection charging around £13 a month. To cut a long story short, things changed and I was made redundant, suffered financial hardship and my repayments at the time were sketchy - when I tried to call on the PPI, I was told that because I was self employed part-time as well as in employed work, the insurance wouldn't pay out. This wasn't explained at all when I took the cover. During the saga, Barclays kept adding late payment charges, then overlimit charges, whilst their PPI side still continued to take their payments off the card, putting it deeper and deeper over limit. They didn't renew my card and left me with no way of managing the account. I left the matter with a phone call and never heard from them again.

     

    Apparently Lowells have bought the debt, and after receiving their first letter which was admittedly very polite, I (possibly naively) sent a letter back querying the debt but not acknowledging it, and asked for a breakdown of what the -alleged- debt was. They wrote back with a strange 2 page sheet attached, which just seemed to be a basic monthly 'statement' generated from a database for a month in 2005, with no Barclaycard logo etc but there was explicit reference to late payment and over limit charges (£20 and £30), and then the PPI coming out in the same month.

     

    I realised the gravity of the situation and sent them a CCA letter last week, asking for a copy of the original credit agreement, full statement of account, and a copy of the executed deed of assignment. They've replied today acknowledging receipt of my letter and saying 'we are requesting a copy of the agreement with the original lender' and also stating 'whilst we endeavour to reply to you with the required information within the prescribed 12 day period under the CCA, you will appreciate this is dependant upon receipt of the information from the original creditor'.

     

    I'm assuming the appreciation they note above is rubbish since from what I gather the 12 days + 2 days service is a hard and fast rule, but if they do come up with the goods before Tuesday, what then? And if what if they don't, should I send them a template letter pointing out their default?

     

    They're trying to claim £1700 but especially after seeing the so called statement they provided in the first instance, the thick end of this is just charges that Barclaycard added which are over the OFT prescribed limit, then there's the separate issue of the repayment protection being missold.

     

    How should I proceed?

     

    Many thanks in advance!

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