Thats digusting, sorry I can't help so just a freindly "BUMP"

Anyone? is it possible for me to take either ex employer or union to court for breach of contract? I know I can't go for unfair or wrongful dismissal.

Me too, How would you say this without p***ing the Judge off?

Bump

Very well done Zhan, I just hope the judge does some reading before your next date!

I know it's a bit late but I thought I'd add it in case you didn't have it 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"

polite "bump";)

Hi zhan, just wishing you good luck for today, I'm no expert but you need to get the invalid default notice point across nomatter what!! Invalid DN - unlawful recsintion(spelling?) of contract + wrong claim amount, they can only claim £150.00:D

Hi Flowerchick, there is a letter in the libary i think, that tells them that, put up or shut up sort of thing;), it's better than putting up with their cr4p. Just so long as your sure it's not yours, which it sounds like you are:). Oh and IF they have sent you a "true copy" then they've breached the Data Protection Act, always worth a complaint to the Information commisioner

Hi all, I'm helping a friend, she had an admin order against her in 2004, she missed 14 payments a couple of years ago, wrote to the court to say sorry with very good reasons, she has carried on paying since, but has missed 2 payments, december and feburary, she has just recieved this "It is ordered that the administration order made against xxxxx on the xx/xx/2004 because over 2 months of instalments are outstanding". She's now recieved today a letter off C.K.Edrupt & Co solictors asking for her to fill out a "payment offer form". There are bound to be more creditors after her very soon, what can she do? Can she CCA them? or does she have to pay them? theres bound to be charges and interest. Any help or advice would be most welcome:wink: Thanx jimi

Never speak to them on the phone, send letters, if your not sure post the letters on here before you send them and people will look over them for you to make sure there OK. The golden rule is NEVER SPEAK TO THEM ON THE PHONE, They WILL lie to you, put pressure on you, try to get you to agree to repayments you can't afford, and deny anything they feel like denying if you do end up in court. If you follow the proven route on here, and ask questions when you need to, you'll not go wrong. Hope this helps Jimi

I have my contract, and employee hand book with my terms of contract in it, they have quoted the t&c's so they can sack me, then said they are guidelines when they don't suit their purpose. I want to SAR them, but need to know if I can take it to CC before I do, otherwise it's a waste of £10.00. thanx Jimi

Hi poopynurse and thanx, I already know I can't go for unfair or wrongful dismissall, I'm talking about a CC claim, I know that I wasn't sacked because of time off, I was sacked because I kicked up a fuss about a H&S issue, they were just using the time off as an excuse, if they counted the overtime I'd done then I would have been below the 4% threshhold.

Hi does anyone know the rules and regs regarding adding interest and charges onto disputed accounts? I've been looking all weekend but I can't find what I'm looking for. thanx Jimi

HI, brief out line, I was sacked last year for having to much sick time, I was just about over the threshold for the invocation of the Dp action, I'd been there for 11.5 months. My question is, I have noticed on my contract several parts regarding what sort of action can be taken for different sorts of offence, the most interesting point is that unless it's gross misconduct then the procedure can only jump 2 steps,i.e. Verbal warning, 1st writen, 2nd written, sack. In my case they went from no warnings to sack! there are also more contitions they have ignored, which would have ment that DP should prob not have been invoked. I was in the union, they represented me but were worse than useless, they let an "informal chat" turn into a formal DP hearing, even after I said that I was in no fit state to be there. They let 2 managers bombard me with the same 2 questions for 30 mins. These questions where, if they kept me on how would I ensure better attendence, I had no answer to this apart from I'm already doing everything in my power to try not to get ill, and the other question was, could I not come back to work now and do something easier? I said that I couldn't as I'd been signed off by the doctor, and because of my ilnesses I would be a danger to myself and others, I was suffering from Vertigo, insomnia and was being test for Cancer(luckily all clear). The result of this "meeting" was I was sacked. I appealed, I had a union rep with me at the appeal, I felt better so was better prepeared, almost as soon as I walked into the appeal I knew that I'd lost, the union rep was useless again, but I was on the ball so I pulled them to bits with regard to procedure, they just said that the procedure was a guideline only and they didn't have to follow it, I asked for a break to speak to the rep, asked him why he was allowing this farce to carry on, he said that I was doing good and was bound to win as I had them on the procedure and just carry on as before. I told him I wasn't happy, that he should be insisting they follow procedure which had been negoiated by the union and was in my contract, he wouldn't "rock the boat". So can I sue? if I can,,,, Do I sue then company, the union or both? I've been out of work since then apart from 2 weeks as a christmas temp, so could I claim loss of earnings from date of sack until I started work as a temp? or up to now?

Ok it's been reported to the police, he was very nice with her, put her at ease and seemed to take her seriously, just waiting for the crime number now, I'll keep updating as things happen.

Thats disgusting!. If it were me I go to the police, I'd accuse the guards of theft, and see what the police say, the goods were paid for, they had a reciept and whether or not they got a refund they were still unlawfully deprived of thier goods. And as for paying the "fine" no way I'd tell them to swing for it, and see them in court, but thats me I have very little to lose and a major problem with rip off companies. Whatever you decide good luck

Very good rant Rob:D do you ever go to bed???

Hi, Ive decided to keep it short and leave that dodgy paragraph out,,,, Dear Sir/Madam Thank you for your template letter dated xx/xx/2009 received xx/xx/2009, Which completely failed to Address any of my concerns. I have today received a statement for the Credit Card. The contents of which you will have on your system. I have noticed that you have continued to add Penalties i.e. £xx.xx late fee, and interest i.e. £xx.xx, onto the Account, you have continued to do this throughout this Dispute. This is despite the Account being in Serious Dispute. I have also noticed a Credit to the Account of £xx.00, could you please explain where this has come from? I have not paid anything to this Account. Also in your letter dated xx/xx/2009 you clearly state “To finally resolve your issues I have escalated your compliant to our customer Relations Department”. This being the case perhaps you would like to explain a letter received today xx/xx/2009 dated xx/xx/2009 from “Retail Bank Collections” which seems to be a “Notice” of some kind? To the best of my understanding of this confusing letter, you seems to be trying to collect payment for the above Disputed Account and to be threatening to Default me. All this while in your letter dated xx/xx/2009 clearly accepts that the Account is in Dispute! Could you please clarify the meaning of this letter? You have failed to respond to my, Notice pursuant to s.10 of The Data Protection Act 1998. Have you stopped processing my Data as per request? If not why? The data protection act clearly states that Data should be accurate, clearly this is not the case! I also wish to remind you that the clock is ticking on my proposal for ending this dispute. I will withdraw this offer if you do not respond by xpm 0n the xx of xxxx 2009. Please find enclosed CCA request and Data Subject Access Request. Please note that the postal orders included are ONLY to be used for the express purpose stated on the requests. and must not be credited to the Account!

Hey I fully understand, your a lot braver than me going this far. Good luck and well done so far, I hope you get a favourable agreement;)

Come on tell all if you can,

Anything to add???

Just thinking out loud but,,,,,,, If I asked my ex business acc bank for the agreement (how?) and they failed to supply it, or it was unenforcable, could I then claim all the penalties back because they had no valid agreement which would allow them to levy said penalties? thereby getting around the common law problem? Or is that just wishful thinking?

Watching and waiting:)

OMG that is very long,,,, SORRY