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roygoodbeat

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About roygoodbeat

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  1. True. However we work for a private company. They have been paid the funding and we feel they do not want to give up on some of the profits they have made over the years. We know many in the care industry and many are treated like dirt by their companies as they try to make as much money as possible. I am all for companies making profits but most of us are fed up with not beong paid what we have to put up with. Most of us do not work in care for the money. Its so we can make a difference.
  2. Hi. Just needed some advice. I currently work in the care industry. At our place we do sleep ins as our clients need 24 hour care. A letter was written complaining that in light of recent rulings regarding sleep in pay, the employer was underpaying us under the national minimum wage. This was discussed in our staff meeting with all the staff names typed on it. The area manager wanted to know who sent it. They were very dismissive of the letter. The area manager commented on the poor way it was written. They wrote directly to the individual concerned saying they would look into it. As per company procedure, they failed to respond within the 10 working days. In fear of being singled out and the effects it could have, an anonymous letter was sent to the company. It stated that they had broken the law by not paying the minimum wage. It also said we should have been paid the full amount from the end of July. It requested that a response had to be made in 14 days on how they were going to address the back pay. It also expressed concerns of what may happen to the sleep ins and how it could affect our residents. Whilst not everyone saw the letter before it was sent, then the manager has shown the staff since. Whilst some did not give their consent, all agree, including the manager that the contents were right. Our concerns were over the monies owed to us prior to the 27th July 2017, the monies due since then and proposed changes to our sleep-in arrangements. This also include our residents would not be covered. We wrote this as we feared our jobs if HR found out. 1) The company tried to find out who wrote the letter. They got all the staff to sign if they knew anything about the letter and did they give authorisation. Most of us signed we did not in order to protect our identities, but we all signed “but we agree with the contents”. We all felt the company was more focused on who wrote it, rather than address the issues. 2) Over the last few days, they have called us all in individually after the company had an emergency manager meeting. We were all told verbally that the company has until March 2019 to pay. In addition, they said that they would be waiting for an appeal due in March over sleep in pay. From what we have understood, the ruling regarding back dated pay by the inland revenue only applies to pay owed up to the 27th July 2017. Normal enforcement by HMRC applies for pay after this date. A number of care companies already pay the correct amount, but the company still only pay £35 for a 9.5/ 10 hour sleep in. We are often up during the night and rarely get any extra. 3) We were all told verbally that the company may have to consider closures if this is pursued. We all felt that this was delivered in a threatening manner. 4) In terms of moving forward, they have proposed that our sleep ins will change to on call. We were told we could leave the premises at night and come back, but we must be able to return to the premises within 10 minutes (Nobody lives within 10 minutes). It would be monitored and anyone arriving later will have their contracts terminated. In addition, we asked if all the staff leave the premises, what would happen. We were told someone would have to stay and cover. In other words, we all feel they are trying to avoid their legal obligations and have shown no interest in any ideas or other ways that can address this issue. Most of us feel that the company is trying to take advantage of some of our foreign workers who are too afraid to upset the company. This was given verbally and they wanted us to sign that we had a supervision over this issue. We have also checked our contracts. We have noticed that training is also not paid. Training is a requirement by CQC and other care authorities. All staff must have certain training. This also, we feel is breaking the rules on the minimum wage. Any advice would be appreciated.
  3. Cheers all. Have read up on the restons replies. Will wait for the next moves but prepare in the meantime. Have a copy of the 7 day demand letter in my record which i have read is non compliant. Also never had the credit agreement from my credit card, only the application form for the overdraft/ credit card. Loan was seperate, taken in 2007. Both my cca request in 2009 and arrow recently means it is still outstanding. Will let you know when i hear anything else.
  4. Not yet. Been away working for a week. Will have a look tomorrow but any suggestions would be appreciated. Don't wanna mess this up as i have just got my life back together after 6 years of hell and getting married next year. My partner wants us to buy later this year and don't need this hanging over my head!
  5. Does that sound good. I found the letter very aggressive and intimidating. Do I need to acknowledge or write to the court? Any suggestions, please advice. In terms of evidence they are referring to, I have what is needed but that is to be supplied at the defence hearing, after the witness statement. (It appears they do not have this at the moment nor do I need to supply this yet) This also means that Arrow Global have not supplied my S77-79 request, nor did HSBC at the time in 2009, therefore it should be unenforceable. What if they have their stike out application approved. What then or what can I do to prevent this?
  6. Hi. Received this this morning from one of Restrons trainee solicitors. The points they raised are summarised however, have included the rest of the contents of the letterJust need advice on this: We note you have filed a defence to the court proceedings against you. By way of explanation, Arrow Global Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are: 1) Refers to an overdraft facility. 2) Statements of account will have been sent to you on a monthly basis throughout the lifetime of the account including charges. 3) You failed to maintain your account within the terms and conditions and HSBC terminated the account. 4) The original creditor had a contractual right of assignment… In light of above, we respectfully suggest you check your own personal records as the documentation you have requested has been previously been provided to you throughout the lifetime of your account. Although you allege that the claim is statue barred, we note that you have provided no information/ evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt. In any event, the information we have received from our client is that the last payment received towards your account was on (Feb 2013) which is within 6 years of these proceedings having been issued. In the circumstances, we entirely disagree with your assertion that the claim is statue barred. You admit within your defence to having opened a current account with HSBC but allege that the agreed overdraft limit was £300. You have provided no evidence to prove such an allegation. You also allege that the outstanding balance is due to default penalties/ charges levies on the account. Please be advised that all charges applied to the account would have been applied with the terms and conditions you agreed to abide by. You refer within your defence to your CPR 31.14 request, which was responded to by ourselves on 7th June 2017. In view of the information set out in this letter, we do not believe your defence has any real prospect of success and we will therefore recommend to our client that an application to strike out the defence and to enter judgement against you for the full amount claimed, together with legal costs and fees. Should you wish to avoid these further costs being incurred then we invite you to withdraw your defence by enclosing the enclosed Form N9A and returned to this office within 14 days.
  7. Thanks for the help. One last thing. Do I mention I made a request to Arrow Global regarding my credit agreements under s77-s79 which they returned with the £1?
  8. Thankyou. As i stated, their was a final demand for the entire lot. The loan, cc and overdraft. I cannot recall receiving default notices for the cc or loan. I had agreed to repay the loan and started sending payment. I have letters to back this up from me. However, they used the payments to offset the entire amount, not as what i agreed. I stopped paying. That was 4 years ago i think. On all the letters, i stated i did not acknowledge the account or cc. Only the loan. Now by vitue of them never acknowleding the loan for over 6 years, does that make that staue barred? In addition, what are the rules about regulated loans and cc into an overdraft whilst it is in dispute and no default notice issied at least prior to the accounts being terminated and rolled into one. Is that an unlawful termination? Oh, and should i add on tge defense requesting the court to provide tge documents, else be strick out with the option to amend defence or just keep it simple.
  9. Agreed overdraft at the time was about £500. Have checked my paperwork I have. I have letters sent to First Direct. I have some correspondence from first direct/ hsbc. I cannot recall ever receiving default notices for the cc, loan and bank account. I did receive a final demand letter with all three accounts saying I had seven days in which to pay in full. This was in May 2009. Original Credit agreement request was 9th June 2009. Only ever had copies of application forms for loan and original bank account/ credit card. See above first. Have added a couple of things. Don't know if I should include the 9th june 2009 cc request outstanding or leave that for later? 1. I received the claim [Claim number] from the Northampton County Court on 19th May 2017. 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3. The claimant has failed to specify the nature of the account. 4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The particulars of claim fail to state exactly when the agreement or agreements was entered into. 6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. 7. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited in 2015. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof a notice of assignment was served. 8. The claimant is put to strict proof they have the right under statute to bring the claim 9. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 10. On the 23rd May 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable contracts, deeds and notices pertaining to the account. They replied stating that they are not obligated to send this at this stage and have therefore failed to supply me with the relevant information in order for me to plead my case. 11. Restons Solicitors Limited has not sent any of these documents to me and deny that they have to send these to me. 12. On the 23rd May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee. 13. Arrow Global wrote on the 07th June stating that they are not the creditor as envisaged by the above statute, and therefore state that there is no executed agreement. They returned my £1 fee and have not acted on my legitimate request. 13. The Claimant has failed to comply with S77(1) or s 78 (1) or s 70 (1) Consumer Credit Act 1974 and by virtue of S77(4) or s 78 (6) or s 79 Consumer Credit Act 1974 cannot enforce the agreement. 14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 17. It is denied that the Claimant is entitled to the relief as claimed or at all.
  10. Have found some of my paperwork. Still need to find the rest. The account number is the same as the bank account number. I have only ever received a copy of the loan application, taken out later, and a copy of the bank account application which has a small section for the credit card application. I also received this yesterday: We thank you for your letter and acknowledge your request for documentation pursuant to the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statue. This account arose under an overdraft faciliy. Even if this account was regulated under the consomer credit act 1974, part V of the act does not apply to this facility and there will accordingly be no executed agreement. In addition we confirm. • The account is in drfault. • The total sum outstanding is £above 13, 000 • The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you Please find your £1 fee This was from arrow. Need to draft my defence today, ready to send tomorrow.
  11. Need to file my defence by Friday. Can anyone check my last post to see if this is ok or if I have to add anything? Thanks!
  12. I have drafted a defence based on some others I have seen here. Facts or the case (Do I need to include any of these?) Credit card was put into dispute. Have not acknowledged debt or made payment since 2009. Overdraft. Was put into dispute. Have not acknowledged debt or made payment since 2009. Loan. Was taken out later. However, agreed to pay the loan only as a gesture of good will. In all my conversations and in writing, I only ever agreed to pay this loan account number. This was after they rolled into one account. They gave me account details to make payments. These were paid until I discovered a couple of years later that they were taking payments off the rolled account, not as what was agreed. I wrote to them saying these payments were for the loan account number …… only. So they deceived me on this and payments stopped. Now the overdraft and credit card as far as I am concerned, no acknowledgement of this has been made. The loan for which I was sending money for was terminated by First Direct. That means payments being sent were for an account that does not exist, and were not meant for them to place into the rolled in account. All these are covered by different acts. Therefore if the account no longer exists, then they are holding money that should be refunded? Any advice would be appreciated as I only have a couple of days to submit the defence. Finally, how long can restons and arrow get away with these bulk claims and claiming without the documents and facts first. Should I draw the courts attention to this? Rough Defence: 1. I received the claim [Claim number] from the Northampton County Court on 19th May 2017. 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3. The claimant has failed to specify the nature of the account. 4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The particulars of claim fail to state exactly when the agreement was entered into. 6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. 7. The Claimants statement of case states that the account was assigned from HSBC to Arrow Global Limited in 2016. The Defendant does not recall receiving notice of this assignment. The claimant is put to strict proof a notice of assignment was served. 8. The claimant is put to strict proof they have the right under statute to bring the claim 9. It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 10. On the 23rd May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of all applicable contracts, deeds and notices pertaining to the account. 11. Restons Solicitors Limited has not sent any of these documents to me and deny that they have to send these to me. 12. On the 23rd May 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee. 13. The Claimant has failed to comply with S77(1) or s 78 (1) or s 70 (1) Consumer Credit Act 1974 and by virtue of S77(4) or s 78 (6) or s 79 Consumer Credit Act 1974 cannot enforce the agreement. 14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 17. It is denied that the Claimant is entitled to the relief as claimed or at all.
  13. Hi. Just had a reply from Restons. Looking at the other forums, it is the standard letter which states you will have received a copy of the contract when you opened the account and there is no reason why you need an additional copy. They also state that the cpr 31.14 rules do not apply as the particulars of claim contains sufficient information. Still have not heard from arrow global regarding my credit agreement request. Have to file a defence is a few days so a bit stuck on what to respond.
  14. Name of the Claimant ? - Arrow Global Date of issue – 15 may 2017 defence due by 4pm 16 june What is the claim Particulars of Claim are stated as follows 1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or around a date in 2003 and assigned to the claimant in 2015. Particulars a/c no – A NUMBER 2.DATE ITEM VALUE a date in 2009 Default Balance A number above £13,000 Post reld Cr Nil TOTAL A number above £13,000 What is the value of the claim? - A number above £13,000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? – A claim for an overdraft but consisted of a credit card, loan and overdraft. When did you enter into the original agreement before or after 2007? - before 2007 but loan after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Arrow global Were you aware the account had been assigned – did you receive a Notice of Assignment? - cannot recall. Only recent letters from arrow global made me aware of this. No corresponding letter was received from Arrow Global. Did you receive a Default Notice from the original creditor? - 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No. Why did you cease payments? - The repayments became unaffordable. What was the date of your last payment? – 2009 for the overdraft and credit card. Had set up with Dg solicitors a payment but only agreed loan no..... Never acknowledged the rolled in account. Tgey gave be bank details which turned out only to be the new account. Not the loan. Stopped paying this 3 years ago as they refused to send me a statement of the loan account. Was there a dispute with the original creditor that remains unresolved? – yes. The above. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? - No Have acknowleged the claim and sent cpr and credir agreement request but to date no acknowledgement.
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