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lisaclaim

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About lisaclaim

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  1. Hi John... so that means by law we are entitled to the pay? They cannot just wait until we ask for it? Thank you
  2. Hello I am an agency worker and my holiday pay is calculated based on an average of my last 12 weeks earnings, which is calculated based on my average gross daily pay. I had a pay increase which was back dated to 1st April. My last wage slip last week showed my back pay for only the hours worked and not the annual leave I had been paid. I know for a fact that it is not a lot but this is principal as for the last 4 years the agency I work for I have brought up numerous errors in my pay. I was even more dumbfounded when I got this response to my query: "We are more than happy to do the calculation for people if they want it. We regularly have clients who are late with their pay reviews and this can be for several hundred people at a time. It would take days to redo the calculations for everyone and usually, they only get a few pounds back so you can appreciate it’s not a task we are able to do en masse, however if someone feels strongly about it we will do it as it isn’t your fault either! " I telephoned ACAS but they were of no use as I need to know the legal requirements of this. I do not see why anyone should have to claim or request pay that they are owed. Please advise from a legal point of view to their response. I have had it recalculated and they are paying me even if only a few pounds - PRINCIPLE Any queries then please let me know. Thank you
  3. Hi again.. thanks for the response. We were defending based on information in this post. I first submitted details in 2009 and as nothing had been actioned by the creditors I just assumed that nothing ever would... Didn't get court action details until this year which is a long time. One of my main concerns are I have no idea how they got to the total amount owed. I will fill in the N180 and hope to mediate. Presumably there would be no meetings arranged. Cheers
  4. Hi... sorry if you are confused. Of course we dont want a CCJ. I was just hoping that it would be over without court. I am scared as do not know what to say when in mediation. Do I admit it or not. I have not done this before and do not know what to say to them. I know you are helping but you have to understand your responses seem to be from experiences and you have confidence with this and assume I would also. I dont, so sorry if you are confused. I am too !!!!
  5. Hi... I need to calm down lol... read it completely wrong. I forget that we are the defendant and it meant us. I was thinking that they had filed a defence. Basically I don't have a chance now then I wouldn't be able to disagree with the case been referred to the small claims mediation service. I have no chance if I have to go to court.
  6. Thank you Andy for responding so quickly. If the defendant has filed a defence why am I not seeing it. Why is that bit crossed out. presuming then I just let the 10th March go by without filling in a form ? Thanks
  7. Hello... please help received a 'Notice of Proposed Allocation to the Small Claims Track' It states that this is now a defended claim. The defendant has filed a defence (but the next sentence is crossed out "a copy of which is enclosed". I must complete by 10th March a small claims directions questionnaire and file with court office. By the same date, the allocation fee of £40 is due. payable by the claimant, if not paid then the claim/counterclaim will be struck out It is still only showing my husband as the defendant although in the last letter I got from them (in previous note above an image) they state they were adding me. Not sure what the heck is going on so please help
  8. Hello Thank you for responding... apologies is what I missed causing a problem then! What did I miss sorry. I took a look at the link and will have to read later as way over my head I presume when they make an application within 14 days I get a chance to see the application and have time to respond / Many thanks again
  9. Hello The image is not correct anyway, sorry for the confusion. The tinypic images are correct Received the a letter from 1st crediticon which can be viewed here http://tinypic.com/r/2nhgtpx/5 this was the defence we eventually submitted, not what is above in my post http://tinypic.com/r/iwtzf7/5 The Claim form there is only my husbands name on it Thanks
  10. sorry also should have added they have changed solicitors to their own inhouse legal department !
  11. Hello the defence we submitted was the one on tinypic. yes I realised too small but could not remove the post sorry. yes it is a joint loan and they wanted to add me. Thanks
  12. Hello Received the a letter from 1st Credit which can be viewed here http://tinypic.com/r/2nhgtpx/5 this was the defence we eventually submitted, not what is above in my post http://tinypic.com/r/iwtzf7/5 Please help as worried now. What should I do. May thanks
  13. Hello Just putting together my defence. Here are the particulars of the claim again: "The claimant claims the sum of 6,006.66 for debt and interest. On 24/02/97 the defendant entered into an agreement with Bank of Scotland PLC for a loan under reference no xxxxxx. On 22/05/98 the defendant defaulted on the agreement with an outstanding balance of 8,511.07. On 31/07/12 the debt of 5,410.20 was assigned to 1st creditin (Finance) 5 Ltd. The company name changed to CAI Finance Ltd on 8/1/13. On 31/05/13 CAI Finance Ltd assigned the debt to 1st Credit (Finance) Ltd. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of 5,410.20 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rat of 8.00% per annum from 3/8/12 to 19/12/13 496.46, & thereafter at a daily rat of 1.19 until judgment or sooner payment." This is our defence: Please could someone check and see if OK or anything I should omit or add. Thank you in advance. ---------------------------------------------------------------------------- In the Northampton (CCBC) County Court Claim number XXXXXXX Between XXXXXXXXX = Claimant and XXXXXXX – Defendant DEFENCE DEFENCE 1. I, XXXXXXX of XXXXXXXXXX, am the defendant in this action and make the following statement as my defence to the claim made by XXXXXXXXXX, the Claimant. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the Defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 4. On receipt of the claim form I, the Defendant, sent a CPR 31.14 Request (dated and sent on the 3rd January 2014) for a copy of the agreement, the default notice, the Notice of assignment, a breakdown of how the outstanding balance and amount of debt when assigned to them had been calculated and any other supporting documents mentioned in the Particulars of Claim. To date of this defence I have not receive any documentation or response to the letter. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with 1st Credit (Finance) Ltd. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted and was not available when the claim was processed. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed xxxxxxxx Defendant ---------------------------------------------------------------------------- Look forward to a reply.
  14. Hello Sent the letter today to the solicitors for more details. With regards to the other letter to capital one. How do I send them the £10 as thought not to include signatures on any documentation. Thanks
  15. We paid an agreement with westcot £40 a month. Not sure where they got the defaulted date from. Could that be there terminology from when we first got in to debt trouble and then we made an agreement. I will change the letter above requests section as follows: 1. the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. the default notice. 3. the Notice of assignment. 4. breakdown of how the outstanding balance and amount of debt when assigned to you has been calculated 5. any other documents mentioned in the Particulars of Claim ...do you think that should suffice ? Thanks again
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