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leilani

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Everything posted by leilani

  1. Rang Bow CC again, the letter is called an "unless order" a copy is always sent to me, and the lady who deals with it was at lunch but a message has been left to call me. Doesn't appear that they have sent it out as yet, will confirm later. I told them about the threatening letter received today and they said they hadn't been sent a copy of it... I feel I got BC running scared at the moment is this the case or am I being too optimistic?
  2. Got a special delivery letter headed "Without prejudice save as to costs" from Barclays re BC referring to the above proceedings. They are telling me that they paid back all the charges within the statuary 6 years, and that they recommend "you withdraw this matter within seven days of the date of this letter, failing which we shall be making an application to strike out the claim on the basis that you no longer have any cause of action".
  3. If you are referring to emails from this thread, it's because you automatically subscribed upon posting how to create your own the other day. Go have a look in your control panel or the subscriptions and remove it if you don't want them...
  4. UPDATE: Have called Bow County Court again today, they have not submitted their AQ, and the lady told me it should have been by now on the system if they had. They will be issuing a letter to BC couldn't tell what they were issuing as the lady was Chinese and I just couldn't catch what she was saying. Basically a letter to say if they don't they comply the case will be struck off in my favour. I asked her about the N225 and she said I could submit but it wouldn't be looked at until they had got a response from BC...so I guess like you said Slick, BC can take the mick and still get away with it and there is nothing i can do. So what to do now? As regards to the courts I have written to both about this clerical error, they will not realise the case until the AQ comes in and the Judge determines where it should go : ( Are you suggesting that I now write again to Watford and to the manager? Sheeesh...lot of paper work and wonder if it is only going to fall on deaf ears.
  5. Thank You Sarel for your very candid and down to Earth reply. I just want to clarify one or two things that you have miss understood. I can see you have mixed the two situations together, I certainly wasn't suggesting working late shifts was illegal, and my son has not been inflexible in anyway, quite the contrary. I can't see how just saying "well actually by law it should be at least 20 mins" is deemed inflexible, it's just stating a fact in conversation. I was also just giving background info of what he's experiencing, an example: this particular day in the new job where the additional overtime hours over and above the normal overtime working hours which he doesn't get paid for were sprung on him, that day without consideration. Yeah sure they don't care because they are a big company and they don't have to treat their staff in a decent manner this is totally obvious. As regards to his previous employers according to the government dept he spoke with it is illegal to work more than your hours and not be paid for it. When I was working for a full time employer we would get time off in lieu, don't think that can apply to these minimum contracts because they get paid by the hour. So in affect that would suggest that he was working more hours and getting less than the minimum wage. Was I lucky? No I just believed it to be the norm I have worked for schools, universities, colleges, restaurants, banks, publishers, councils, hotels, factories, never worked in a shop as an employee, just an owner and not one of those jobs had a policy of less than 10-15 mins in morning break, an hour lunch (non paid) and 10 mins in afternoon break. I appreciate your advice and I have passed on to my son what you have told me, he clarified that he gets 1/2 hour break split into two on days he works more than 8 hours, and days he works more than 6 hours he is allowed a break of 15 mins. The confusion for him, this is his lunch break which notoriously isn't paid so he assumed he wasn't being paid for it anyway and quite rightly stated to his boss, who didn't know the law that over 6 hours he is entitled to at least 20 mins break, of course if he is being paid for it he will take 15 mins rather than 20 mins, but it wasn't made very clear to him, being that he has no role particulars outlined as yet. Not that it matters because he has already decided to move on, as he has realised that his boss has made it personal by saying in the monthly review that he had insulted her (which was not intentional - he just pointed out the law) and that she would make it very difficult for him from now on. The truth of the matter that has been revealed to me subsequently, is my son was hired on the basis of new blood, and that his colleagues who have been working there longer are set to be phased out, she's just waiting for them to make a mistake. She actually told him this and now that she has realised that he's not wanting to be part of her plan to get new blood or be the new blood she's making it difficult for him... This kind of dog eat dog world you are referring to does not exist from my experience and certainly doesn't breed loyalty, only contempt and already he's applying for a new job, as you say there are thousands of people who would fill his shoes,and certainly by your accounts, I now see there are no rights for people who work for these types of companies, doesn't look as if it will ever change with the kind of like it or lump it attitude you expressed is present in this society. From a potential employers point of view (i don't hire, but if I did) I can see it makes business sense to have staff more on the mark sales wise, however they don't want to invest in training existing staff or looking after them for that matter, and rather have a higher turn over of employees which they can abuse to increase their profits, those that haven't got the training get terminated at the slightest whim legitimate or not, and there's nothing they can do about, because it is made easier by this law that you can't go to a tribunal for grievances against the company until you have worked 52 weeks. Personally I think it's crazy...we are not in the 1800's yet one would get that impression. Thanks for your help I am sure he will find a more suitable environment that he will be appreciated for his efforts, eventually.
  6. Hi thebacca, if it's for Barclaycard or Barclays go to the top of this page and you will see a series of links like this " Bank and Finance Subforums>Barclays Bank >Barclaycard, when you get on the forum section you want, just above the list is a "post a new thread" this will start your own thread going. Hope this helps..plus you could probably click on the these links I have used as example. This also applies to all sections by the way
  7. Okay, well I called Court BC AQ has not been logged on the system as being received, but as the lady pointed out it may have been received late on 10th but they just haven't got around to putting it on the system. I have to call back in a few days to give the clerical team the time to update (if received). Lets hope they haven't then! As far as this lady was concerned they had exactly the same time to submit as I did. They would not be given any allowances and she was a matter of fact kind of lady! lol In regards to my site...yeah bummer and additional work I didn't need at this time, but everything happens for a reason so thank you rebel for the info, will have a look one day if I need help from there, however it's my profession and part of it rebuilt over the weekend and with the help of donations from friends, family and my members well on the way to reinstating the rest.
  8. Yes, I know this Rebel...and that one is going to be a hard one as I am suffering extreme grief today. Had to get out the house away from my computer, as some pathetic individual in Jakatar hacked into my main business website of 5 years and many members, two days ago infecting the server so bad it nearly wiped out the entire server...so I was made to remove the entire account (nuked). I don't have the finances to rebuild with new updates and so I will be concentrating on trying to raise the funds. (it's the equivalent of CAG being nuked) So will appreciate being reminded on Monday morning if anyone is up for the job! : )
  9. Shame I didn't see this before I went out, I would have rung them again. Now it will have to wait until Monday, although the woman at the court did say there was only mine that she could see. If that is the case though I am wondering because my copy of AQ I sent BC they know that I am trying to change the location back. Could they use this to stall?
  10. UPDATE: Today was the deadline, my AQ was registered on 7th at Bow, even though I sent it last week to Watford. Watford refuses basically to deal with requesting the case files back, so the letter to them was a waste of time as I now have to write to Bow. The AQ is in Bow judicial support department waiting to paired up with BC AQ which obviously hasn't arrived as they only have mine on the system, don't know if they had the same time frame.
  11. On behalf of my son, I am hoping that the knowledgeable people of CAG can help him. My son has just started working for a company that owns chains of stores all over the country (was bailed out). He's been there just over a month and doing fabulous. The background...he was head hunted so to speak from another store which he had been working on 4 hour contract for over 2 1/2 years not being able to find a job with longer contract hours until this job, he was very excited and snapped it up. He got the job, the manager who is east European and almost the same age (23) was very impressed by his knowledge and hired him, he was working the very next day! A month in and there are some very strange things happening and I am not even sure he has a contract either. In the first two weeks he was told that his break (lunch) was being reduced from 30 mins to 15 mins and he could not take it out the shop. I told him by law if you are working over 6 hours you are allowed 20 mins minimum and he was allowed to take it away from the premises. (I looked it up on Gov site). The other day a few days before his monthly review, he had been told he could go take his break of 15 mins. He told his manager that by law it was 20 mins min, she was angry with him and went and called head office, she came back and said you take it but you will not be paid for it. In the monthly review she told him that she was very disappointed and insulted by him raising this, and that there would be now no flexibility and that if he made any mistakes, late or whatever he would not reach past his probationary period. If he was a slacker I could understand him being reprimanded to make him fall in line. However, he has exceeded nearly every day their expectation on sales, example he took 53% of sales when there was 3 people on. He sold 100% equipment insurance one day when his colleague sold none, and even got a huge sale from someone who could have got discount from another store but because his customer service is so good they preferred to buy from him. He even brought work home to rectify something for a customer whilst he was learning so she would not lose out and she was so happy with him, that she gave him and his colleague who did nothing but moan about this customer a huge gift wrapped bag of chocolates (i know because I shared them). He was even told that he would be suitable to take courses for managerial position...I don't know if his manager feels threatened or what, but she appears to be black mailing him and being a sensitive soul he's despondent that he's being put into this position. He knows that if he stands his ground he is likely to be sacked. On top of this, he has to be in 15 mins before hand (not paid) and after closure often taking over an hour plus (not paid) because he has to leave with his colleague. The other day he didn't leave til past 8pm (started 8-45am) he had to be in because the boss of the stores was visiting, he had a 15min break, missed the last bus home, and walked 3 1/2 hours home on an unlit unpathed route in the freezing conditions. He couldn't get a taxi because he hadn't been paid yet. They new this yet they didn't get him a taxi. He experienced this at the previous store he was at and found out that it was illegal, he raised it there and they changed his shifts so he wouldn't be on late, in fact they even removed one of his shifts and now he's going through the same thing with this firm. He's paid min wage works well over 8 hours per day and of course he's feeling rather like he's being blackmailed if you don't do this we will fire you, which is terribly demotivating and my worry is that he is going to end up being sacked or constantly under this cloud which will make him lose his enthusiasm for his job. I have told him not to react but to take down all that she says, time and date, I am concerned that he hasn't shown me a contract and furious inside that these companies are getting away with unrealistic expectations of their staff. Didn't used to be like that. He needs this job but blackmail he doesn't, he's not a slave but it's almost feels like that's how things are these days. I am self employed for many years, it used to be just part-time and full time, but with these strange contract hours, I haven't experienced personally the change which this country seems to have adopted. So can anyone advise me on how he should approach this matter? Appreciate any knowledge or advice on employment law in regards to stores.
  12. Thanks Slick, will do. Called the courts this morning as I said I would to check as I sent off the AQ last week. The cheque hadn't been cashed, and the guy said it's still at Bow. I explained the situation and he said he would call them to transfer my case files back immediately, soon as he got off the phone with me. I did ask if they don't do it by 10th would it cause a problem and he said, it shouldn't, I had done all I had to do, so it was up to them. Should I be concerned?
  13. I feel Fenris that Slick speaks words of wisdom. If you have been offered a good settlement what more are you going gain by going through a court battle? I only hope that I will have that same opportunity. You are so close Good luck with what you decide. : )
  14. Oh hell that's a lot of money! I think I just had to pick myself off the floor, when will I need to pay that? I might have to tell the court I am not earning enough income for that. Would I be able to get assistance for this also and how would I go about applying? Yes I took the N1 form in to the court myself, I sent the AQ by record.
  15. Thanks Slick all sent off, and I received my cheque book today as well which was handy. I leave it now in the hands of the Angels! Although I will call before 10th to see what has happened, if i don't hear anything before then. As for what the figure was £4,400 there abouts. Under £5,000 for sure.
  16. Thank you slick for answering my questions. With all the help this form is very easy to fill out which is a major relief to me as I can send it tomorrow. Just a few things to clarify before then. In regards to the location, and your suggestion to write to my own court a letter regarding the change of location. 1) The lady at the court said I should address it to the Bow court, regardless of what it says on my AQ N149 form (it says Watford) because it has moved there already. 2) but I also see on the AQ N149 that there is under section B regarding this matter. If I send it do you feel it will convince the Judge to make that change or do you think it maybe a waste of effort on my part and just to add to the paper trail? 3) I have completed form and I am using this information as is written here for section G. (essentially what you sent me) Should I modify it in anyway relating to my case or to make it sound like my own words? To me it's clear and succinct and that's what I want! I may take out the essential meaning of it if I try to put it into my own words. 4) In the notes re section G, it states "This allocation questionnaire and its attachments were sent to the defendant on **/**/**." , which is fine, but I don't know where to send it to. Should I send it to the address I put on the original claim form? Why I ask is that I am a wee bit confused as to what name the defendant is going under. i.e.. Barclays Bank PLC T/A BarclayCard which it clearly says on the paperwork sent to me from the courts along with form, or GRB Litigation & Special Investigations which they are logged under for this case as defendant at the courts? 5) I am going to send a postal order and make it out to "HMCS" however before I sign this form, it states in Section H that there will be further fees, once I sign will I be liable for these fees and any ideas of what their cost is likely to be? I don't want to get another shock like I did with the AQ fees. Thank you once again for help...my stress levels are starting to reduce as I become more understanding of the procedures and that would not happen without everyone on CAGs help. Bless you all for making a difference ADDED: Just one more thing...I was sent their defence, which had been faxed to the court, it's a few pages long, and I wonder if this is a bog standard defence reply or specific to my own circumstances. Should I be going through it with a fine tooth comb to pick out any irregularities to get information for my court bundle?
  17. Fantastic Fenris that's encouraging to the likes of me! I am so pleased for you!
  18. LOL that's funny Rebel...Oh dear I would be out of luck then, as much as I would love to be wined and dinned or even a sniff of a fishy morsel...not allowed to have acid producing foods or beverages as this will only make matters worse with the ULCER they produced!...Oh hum
  19. Well I have called the court and the lady who answered thought it was odd too, she said they have filed it under GRB Litigation & Special Investigations which are located in Bow. I have to send a covering letter with the allocation form and see if the judge will reverse that decision, she did say it would be up to the judge decision and there would be nothing I could do if the judge refuses which I think is terrible and I pointed out that even GRB was not an individual. As this article proves.
  20. I thought as much that something was a miss there, I will do that Rebel thank you for confirming my feelings on the matter!
  21. Hi Rebel Many thanks for responding...well it was a bit of a shock to me as you can tell but I am more mad at the fact they have put it in a court miles from me, I have to go there and I already struggle getting into my nearest where I filled. As for hardship, I am already humiliated enough as it is and I don't want to add to it and give them any cause to see me as backing out. I will have to borrow the fee, and yes I did put on form that I would claim court costs but that didn't include this fee only what I paid upon submitting. I guess this is something one can negotiate assuming once it gets to this stage. Another question: I fill this form in and send with fee before 10th December. Do I have to send the court bundle to the defendant and court with this form, or prior to sending this form?
  22. Sorry another few questions 1. What does it mean "In particular you must ensure you have the relevant terms and conditions for your account" Is this the t&c's they sent me when I asked for my signed agreement or do I have to provide them with a copy of t&c's I signed up with (which I do not have), or latest t&c's of which I don't know how I would get that? 2. When it says "Latest Schedule of Charges" from the court bundle pack, is it the one I submitted to the court or up to date ie time of printing? thanks appreciate help and any advice.
  23. By the way the .pdf link on the Bundle page does not work have reported it. Also been going through threads and see that this is a normal fee by the look of it, which I am not happy about, hadn't seen it mentioned, I didn't know there would be more charges on top! I can barely put food on table let alone pay this additional cost. Will this also be refunded? Are there any more payments I should be expecting?
  24. Hi Slick, thank you for court bundle I will look over it and will probably have some questions. However, I have just received today a letter from the court I submitted the claim to. With a "Notice of Transfer of Proceedings" saying this: To all parties A defence to this claim has been filled. As the defendant is an individual the claim has been transferred to the court covering the area where the defendant lives or carries on business. Please read the accompanying documents carefully and note that where enclosed the allocation questionnaire should be returned to the Bow County Court, 96 Romford Road, Stratford, London, E17... by the date shown. The next page: The defendant has filed a defence, a copy of which is enclosed with this notice. An allocation questionnaire is also enclosed which contains notes for guidance on how to complete it. You must complete the allocation questionnaire on or before 10th December 2010. (4 pages!) A FEE OF £35 IS PAYABLE BY THE CLAIMANT ON FILLING THEIR ALLOCATION QUESTIONNAIRE! What cheek! How can they get away with changing the court to be near them, claiming they are not an individual, for goodness sake they are a PLC, and to charge me for this! Help needed urgently as to what to do!
  25. Okay had to go external (google search) to go internally (CAG) ,as trying to save brain power for reading information!...found this link which seems very usual for us court bundle newbies http://www.consumerwiki.co.uk/index.php/Court_Bundle_For_Dummies
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