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POOPSiE

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  1. Hi I'm very careful with what letters I open at home and I have today received a letter from an address I don't know nor can find anything about. When I put the full address in on google nothing comes up but when I omit the po box number it brings up a thread on here regarding Lloyds TSB. I have never had anything from Lloyds TSB - not even a bank account. I haven't opened the letter yet and if I can't find out who it is I will just return it to sender. Can anybody advise? The address is : PO Box 1916 Andover SP10 9EF
  2. Funnily enough WF have said something along the same lines to me before - it's fraud and I'm stealing etc...!!! A bunch of nobbers!
  3. Hey If I have had a CCJ filed against me and someone comes round to my house saying they have a warrent to levy the goods in my property, do i have to let them in? They haven't given me a chance to pay anything and I wasn't even aware that a CCJ had been given - although i was aware that it was at the court stage. I didn't let him in as I wasn't sure what I should and shouldn't do. Please help.
  4. Thanks for the above however its a blank cca that they've sent not just the terms & conditions. Would that still be sufficient to send or do I need to send something different? Any help would be much appreciated.
  5. Hi I sent the attached CCA request off to Littlewoods and today I recieved the below response (Apologies it's typed - no access to scanner). Letter Reference : **** Date : 19/02/2009 Account Number : ******* Dear Miss ******* We refer to your recent request for a copy of your agreement. Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place. According to our records the account was opened on **/**/****. You agreed to make payments every 28 days. The outstanding balance is currently £***.**. Our records show that £***.** have been made within the last 12 months. In accordance with the terms of the catalogue statements are issued every 28 days. Yours Sincerely **** ****** Admin Support Team ------------------------------ Can someone advise me of my next step please? Thanks Poopsie Littlewoods - CCA.doc
  6. Hey Guys I've been advised to write in this section with the hope that someone will be able to assist me in preparing a defence, I know this is prodominately used for CCA/DCA's but hopefully you'll be able to help. My original thread is here - http://www.consumeractiongroup.co.uk/forum/employment-problems/184062-overpayment-court-papers-recieved.html Any help would be much appreciated. I have already filed my acknowledgement of service today. Thanks Poopsie x
  7. The particulars of the claim are: The Claimants claim is in respect of an overpayment of salary paid to Defendant, full particulars of which have already been supplied before the action commenced. And the Claimant claims: 1. £569.50 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000% per annum from 13/07/08 to 11/02/09 £26.35, and thereafter a daily rate of £0.13 to date of judgement or sooner payment. Invoice date : 13/07/08 Ref. Not given Can anyone comment on the above? Their statement that all particulars have been supplied is incorrect, they have only supplied why they say the payslip is. They haven't supplied me with my employment contract that I requested.
  8. Thank you so much for your advice. I have requested a signed copy of my employment contract however they have not provided this to me. Do I need to put that in my defence? Or do I apply to the court to have it stayed already because they haven't supplied me with the necessary documents prior to the case even though I have requested it and they have acknowledged my request? Your help is really appreciated godpikachu - I've tickled your scales xx
  9. What if they don't have a copy of my signed employment contract? Does that mean they can't then request the overpayment back?
  10. Do you know how I lay my defence out at all? Do I send in all correspondance like letters I have sent them and letters I have recieved or do I wait until I go to court for that?
  11. It is by £569 which was my final salary - I was owed money for sales and I took this as what was owed. This was last July and them chasing has only just happened. I do not believe i have been overpaid. They also haven't supplied me with my signed employment contract - if the do not/unable to provide this then surely they are unable to chase "what they call" overpayment?
  12. Hi Guys I hope you can help me. I have been in talks with solicitors for my previous employer as they seem to think they have overpaid me. I originally asked for proof via telephone but did not recieve any. They then chased me again with a letter so i responded with a letter asking for proof. They sent a copy of my payslip that I recieved and what they believe it should of been. I then sent another letter to them asking for a signed copy of my employment contract (I cannot find mine), they responded saying my letter had been recieved and they were looking into it and will get back to me. Today however I have recieved court papers. What do I do? I want to defend completely but i don't know anything about this. Can someone help please?
  13. Hi Dave It is for £569 plus court costs now. Poopsie x
  14. Should I send this but adapt it to my employment contract rather than credit agreement? In the XXXX County Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION CPR18 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. 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. 1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to: (a) a copy of the procedure(s) used for copying, storing and retrieving documents (b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s) © copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with (d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards 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. .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). d. 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. e. 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. f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 g. 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. h. 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).
  15. Hi Guys I hope you can help me. I have been in talks with solicitors for my previous employer as they seem to think they have overpaid me. I originally asked for proof via telephone but did not recieve any. They then chased me again with a letter so i responded with a letter asking for proof. They sent a copy of my payslip that I recieved and what they believe it should of been. I then sent another letter to them asking for a signed copy of my employment contract (I cannot find mine), they responded saying my letter had been recieved and they were looking into it and will get back to me. Today however I have recieved court papers. What do I do? I want to defend completely but i don't know anything about this. Can someone help please?
  16. Excellent - I'll get this in the post today.
  17. I did advise them that I was originally in a DMP but they turned around and said to me that I wasn't allowed to within the first 6 months of the new loan, I asked them to put that in writing and they said they don't have to because I signed "something" to say they could discuss this with me over the phone on the number they called on - this is not correct as 1. It was a new number and 2. I never signed anything like that. They gave the usual babble "We helped you out when you needed it and now you don't want to pay" etc etc. Has anyone got a good CCA template?
  18. I have recieved this letter from WF recently (attached), Can someone tell me what to do next? I'll give you a bot of background : I took out a loan with Welcome originally in 2006, I then took out a further loan with them in 2008. I haven't made payment to them for a few months because I just can't afford to. I went with a DMP company who charged a fee and didn't bother to pay anything to anyone (I know that was stupid), now I want to try and resolve this myself but I need some guidance. Please can someone advise? WF.PDF
  19. Where do you register to do bank nursing?
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