Hi DX Just checked Equifax who are also giving me a score of 1,000 and show absolutely no trace of this debt at all! I don't know if it has been sold on - I've had no letters or other communication about it that I can recall. It appears as though the debt exists ONLY with Totally Money which is bewildering; but I wonder if they've seen it in a previous report somewhere and are including it in the hope of making me take a loan out via them to pay it off? I was able to see my United Utilities water account on Equifax which shows it was closed/settled in April 2017 whcih would be when I moved back to Scotland and I'm certain I'd stopped paying the debt before then. That sort of makes sense - if it's been as long as that - over six years - could MBNA have automatically removed the account and SB'd it? Thanks again

Hi DX - thanks for taking the time to respond. I apologise for my delay in getting back. I checked Experian last night based on your evaluation of Totally Money. Experian's "Credit Expert" shows no trace of this debt at all, and actually gives me the highest of credit scores. THE highest. It's really odd. The lender is MBNA. My Totally Money report shows it as in default since 12th April 2018 and missed payments since October 2017 (six years - so could have been longer, I guess).

Hi folks Been a member here for a long while and got some fantastic advice back in the day that has helped me turn things around a bit. Something interesting just arose, though. In the process of renting a property, I was directed to "Totally Money" to check my credit report. I'd never heard of them before and had always used Clear Score. Clear Score showed my credit file as being absolutely tip-top. I couldn't quite believe it, considering I have a few on-going payment plans making token payments each month (why pay them in full when they'll let you pay them off interest free over time, without seemingly impacting your credit score?!) However, on Totally Money, while still a very good score, it's not perfect. The reason is one credit card account I've not spoken on, thought about, or paid towards for many years. Totally Money tells me I need to improve on the %age of utilisation of available credit. The problem is this one account referred to above which is well over 100% in utilisation - through missed payments, fees, interest (in the early days). The furthest back the records go for the account that I can see are 6-years to October 2017 when the account was already well over 120% utilised. And it increased month on month, which makes me think I'd stopped paying by that point. I believe I opened the account while resident in Scotland but later moved to England. I've since returned to Scotland. For the life of me I cannot remember WHEN I last made payment to or contact with the lender. I'd like to take care of it properly and tell them it's SB'd but I don't want to run the risk of getting in touch before it's become SB's - and also don't know whether I should go with 5-years for Scotland where I opened the account OR 6-years for England where the last address they have on file for me it. WEIRDLY, I have since opened a new credit account with this company without issue and they offered me a generous credit limit. I suppose there's no harm in me just continuing to ignore it for longer and only cross the above bridge if/when I come to it, but it might be handy to try and get it off my credit report. Any thoughts would be greatly appreciated.

Thanks Becky. I appreciate your kind words, and your assistance throughout. I feel as though there's been a grave injustice, but then I would, wouldn't I!? I feel that, as a lay person, I was almost bullied by the respondent's representative and not given a chance to really respond to questioning or ask my own. The judge kept rushing me. I think the way the respondent's people behaved throughout was pretty deplorable, but maybe that's their job. Becky, in your experience, do I just wait now and let them get in touch with me to arrange payment? Are most people open to monthly payments? I won't be able to pay in one-go.

A little bump.... Also, is it possible to appeal against a costs award, but not the decision overall? I respect the decision, as mentioned above, even though I think it was wrong. But I think a costs award is wrong, becuase I didn't act unreasonably at any point in the hearing.

Thanks Ibruk. To be honest, throughout the hearing I felt fairly good about how I handled myself and my interrogation at the hands of the respondent's bulldog of a lawyer. The judge seems to agree, actually. Things went very wrong when it came to remedy etc. I initially didn't seek financial remedy. I wanted re-instatement and/or my employee discount returned. About a week before the hearing the respondent's people got back to me and said "please send updates schedule of loss (etc)". Basically, I felt a bit pressured into providing something and so used average/guesstimate figures on my statement of loss BUT ALSO INCLUDED a copy of my bank statement showing the payments into my bank, in salary, which showed the correct figures. So I don't understand how they can think I was trying to mislead them, when I always provided the bank statement showing the accurate figures. Like, the employer I went to after leaving the company was paying me, say £2,000.00 a month. I put on my SoL that they were paying me £1,700.00 a month. But the respondent was paying me an average of £2,000.00 a month but I put down that they were paying me £1,700.00 so in effect, while the figures were wrong, they weren't showing a level of loss that didn't exist. So the respondent's solicitors will make contact with me? Is it normal to pay in installments? Am I free to write to the CEO/Chairman at the respondent now? I used to speak to them fairly regularly and would like to appeal to their better nature and ask them to overrule the decision to go after costs. Is this appropriate?

Hi guys, Hope this message finds you all well. I apologise for the lack of communication since my hearing. I didn't want to think about it, talk about it, remember it or have any feeling about it until such time as a decision had been reached, as the judgement was reserved. I'd been stressed for months because of it, and was enjoying the break from it. I didn't want to appear as though I'd taken your generous advice and done a runner, but I didn't want to be consumed by the hearing after it had finished. Anyway, I shall shortly post a full review of my two days in 'court' so others know what to expect, but the long and short of it is that I lost my case and have had £3,175.00 in costs awarded against me. This mostly seems due to my updated statement of loss, provided hastily a couple of days before the hearing, being wrong. I used average figures as opposed to exact figures and ultimately everything matched up, but the judge seems to think I was trying to mislead her, which was absolutely false. The respondent noticed the discrepancies and clamped down on them, relentlessly pressuring the judge to find that I had been trying to mislead. So can anyone tell me what happens next? How do I pay? The judge said that because I was in employment I have the means to pay - that's true - but certainly CERTAINLY not all in one go, and CERTAINLY not by sizeable installments. What's the deal here? How do they get their money? I want to pay them - I let the judge decide and I respect her decision, even though I obviously disagree with it - but I worry about how they will get their money. Thanks so much again. KoF

Cheers guys. I'm headed down south so am in my hotel now. It'll give me a chance to concentrate on the bundle a bit more and work out any last minute questions I want to ask..... My god I hope I win. Even if I only get £1.00, I want them to admit that they were wrong to sack me. And if they thought I brought the company's name into disrepute before, just wait until this is all over! Haha! Can I just confirm again, if I'm asked a question by the respondent, will it be addressed to me or to the panel? And do I respond to "sir/madam" on the panel or to the respondent? I know I'll get to chat over this briefly with the tribunal people, too.

Sorry. Did I say Tue? I meant Thur. How's things? Any idea if I'm alowed a laptop into the hearing?

Four days to go.....

They haven't said that I can't amend mine specificall, but our agreement was that we WOULDN'T amend them unless the amendments were related to new information recieved as a result of my SDO. As no documentation was provided relating to my request, I presumed that no changes would be made to the statements. I want to play by the rules in the hope that they are seen to be bending them and it goes against them. As it happens, they added a number of pages about other things, including internal procedures etc., and amended their statements to discuss these new pages. I don't find it disheartening, I find it a fu*king joke. They know they're not allowed to do it, and I'll fight them on the day. I'm having to prepare two sets of questions, two sets of bundle references etc. I am going to re-do bits of my own statement to refer to the RELATED information we got today, but it's too late to get it to them before the hearing, owing to the bank holiday. So I will prepare it and talk to the Tribunal next week and explain that they've submitted a raft of information at the very last minute, despite my request for such information having been in for over a month. I'll request that my new statement be admitted as it is in compliance with our agreement, but will do all I can to make sure their new statement is not admitted, or that if it is, they get into some both for not playing by the rules.

That's very interesting. The guy I've been speaking to has said that he'd spoken to his barrister about something related to the case. So that goes to suggest it's possible that this fella might not be there at all and the barrister will be the one doing the bullsh*tting?! Interesting, thanks.

Hi guys, I cannot believe I've not come across this previously, but this is some of the most informative stuff I've read about how a Tribunal hearing works. It's an absolute MUST to read, I'd say. http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/work_employment_tribunals_e/employment_tribunal_hearings.htm#what_happens_when_i_arrive_at_the_employment_tribunal

Guys, who am I going to be "fighting with" on the day? The associate who has been communicating with me throughout the process, or someone else? A barrister or something? Cheers

Good question, and one I'd love the answer to. They added some pages to the bundle and have changed their statements to refer to them. I also added two pages one the same day as they made their additions, but I didn't update my statement because we had agreed not to - more fool me! So I want to refer to these pages. Guess I'll do so when I cross examine, which I think Ibruk alluded to in the above thread.

I like the thought of going for my own fees, lol, but I'd be happy with a win, some compensation, my employee discounts back or at the very least, not getting costs awarded against me. I like to think they way they've conducted themselves will work in my favour.

It's weird, mate, all this agreeing to the bundle stuff. That hasn't been done in my case. All that's happened is they've sent me a bundle and said "here it is". Nothing about whether I'm happy with it etc....

Was going to ask the same, K. Additionally, I've tried searching for similar cases and have struggled to find anything. I'll keep looking. Thankfully, I believe all the information exchanges between myself and the respondent have finished so it's now just down to preparing myself for the actual defense on the day(s). I know there have been lots of posts over the past few days - my apologies for that - because of the flood of information coming through from the respondent, so if I may, here's a list of (what I hope to be) final questions. If anyone can help with them, I'd be eternally grateful. a) Can the respondent add to their witness statements at the last minute (c. one week before hearing) in spite of my opposition to this happening? b) Can I refer to newly added documents to the bundle, despite them not being mentioned in my witness statement as they were added after the statements were finalised? c) Can I refer to emails between the respondent and myself, relating to my request for documentation and to our agreement that our statements would ONLY be updated to allow for addition of information directly related to these submissions and can I, as a result, oppose the use of the new statements? d) When and how do I do this? e) Do I need an opening and closing statement prepared in advance, or should atleast the closing statement only be prepared once I've heard the respondent's representations? I think that's it for now, guys. Thanks a million again. It's almost over, so it'll be less questions and more answers by the end of next week

That's a good way of looking at it, K. I always thought that they would have had to do a Pre Hearing Review if they wanted to go for costs, and that I'd have to put up a deposit in order to continue. It does seem as though they are just trying to scare me, as none of this has been made available to the Tribunal yet. It's a struggle not to worry a little, seeing those figures on a piece of paper saying that they're going to try and claim it back from me, but I know costs awards are rare. I hope Becky, Ibruk or Marie pop past later to give their views on the above (specifically, the addition of stuff to their statement that does not relate at all to the information I'd requested from them). I REALLY didn't think that this would be allowed....

Just got the below email from the respondent together with a summary of their costs, which runs into about £14,000.00. Any thoughts? Anything to worry about? Any advice? As you areaware, our instructions are to make an application for costs against you,following the conclusion of the Hearing. A costs hearing will, therefore,follow. Please find enclosed a bundle of documents relevant to that costshearing. Irespectfully remind you that I have, on numerous occasions: Set out the weaknesses in your claim; and Suggested you obtain legal advice about your claim and signposted you to where you may obtain legal advice free of charge. You have failed to engage in such correspondence, which we submit amounts to unreasonable conduct. I respectfully refer your attention to (and suggest you obtain legal advice aboutthe implications of) the recent Employment Appeal Tribunal decision of Peat& Ors v Birmingham City Council (UKEAT/0503/11/CEA). This decision isauthority for the proposition that a failure on the part of a party to engagewith the terms of a costs warning letter can amount to unreasonable conduct,such as to justify a costs order. We will be making representations regardingthis case during that costs hearing. Please notethat this e-mail is headed "without prejudice save as tocosts". This means that you must not refer to it in correspondenceto the Tribunal or in any statements or submissions until after the Tribunalhas reached a decision regarding your claim and the issue of costs is beingaddressed.

Cheers, K. Just as I got the notification of your reply, I got a reply from the respondent. They will be adding my new documentation to the bundle, so that's fine. But they've ignored my rejection of the changes to the witness statement and said they'd be submitting the statement in its revised form. They said I can talk to the hearing panel on the day if I have a problem with that. Could I bring with me, do you think, copies of the emails between us relating to the specific disclosure request and the arrangement put in place to ONLY make amendments relating to the documents we got from that request? Then I could show the Tribunal that they've breached the CMOs by submitting their statement late? I guess I just don't understand at what point it's appropriate to complain about the conduct in which they've handled the case, or when I can submit documents like that. Where's Becky?!?!?! LOL!

I've had enough of their bullsh*t now!! LOL! They've tried to make what I consider to be some fairly significant additions to the witness statement of the first manager. Some of the changes I'd be happy to accept as they are informational only, but some of the other changes are actually him expressing an opinion, which is something I feel should have been included in the original statement and not added now. He has also said that he is "taking advice" on my recent submissions to the bundle - these submissions show that it was impossible for me to have conducted the sales visit they claim I did, but that I know I was on annual leave for. Just sent the following email to the respondent's solicitor. Does it look OK? Dear XXXX, Good morning. Many thanks for spotting my typing error – yes, I do refer topages 57A-P, so to add those documents to 57Q, R would be most appropriate, Ifeel. I feel that it is inappropriate for you to add amendments to XXXX’s witness statement at this late stage, considering the fact that wehad an agreement in place concerning the nature of any allowable amendmentsfollowing the disclosure of information by XXXX. I feel that the nature of the dependancy support team’s role has been made clear inother areas of the statements and the bundle and do not accept that theseamendments are necessary. Further, only yesterday you told me that “at thislate stage in the proceedings and owing to the bank holiday weekend“ itwould be difficult for you to consider my recent submission to thebundle. I cannot understand why you feel it’s appropriate for you to makesuch significant changes at this late stage but feel it is not appropriate forme to do the same. I, too, have to consider the bank holiday weekend, asit is a particularly busy time for me and my ability to focus on theseamendments will be limited. I would like to make amendments to my own statement relating tothe two pages I submitted yesterday, but in line with our agreement, I haverefrained from doing so. I therefore request that these amendments be removed. I am certain, XXXX, that you are well aware of my right tosubmit additional documentation to the bundle at any time but am prepared, atthis stage, to confirm that I shall make no further submissions. I would,however, request that the two pages I forwarded to you yesterday be added priorto the bundle being scanned to me later today (I best make some room in mymailbox – argh). Mindful of the time constraints in place, I am happy to printthe updated bundle myself and safe you the trouble of producing and sendingthis to me.

How you getting on with refusing the request? If I were you, I'd put it all through in writing and give the service a quick call to draw their attention to it. As you previously mentioned, if you send the refusal through and it's not looked at for a while, it might give the respondent time to get together what you're looking for and the Tribunal might just say "well, they have it now, so we'll allow it".

For real? I did think it was odd that I wouldn't be allowed to question the person who did the investigation, only those who acted on the information they were passed by that person. Like I said, a question like "do you think XXXXXX may have thought that....." is just completely pointless. I doubt it would be allowed. How do you suggest I point out to the Tribunal that this is the case, K?

Hi K, Well, no - the manager who conducted the initial investigation is nowhere to be seen. Which is actually causing me problems, to an extent. The first manager being called as a witness, the one who conducted the official disciplinary hearing and who took the decision to dismiss, refers to the findings of the preliminary investigation repeatedly and it's quite difficult to ask someone what they think someone else thought, or why they think someone else decided what they did. So as I said, it's proving a bit problematic. The next manager being called is the one who conducted the appeal and who told me at the very beginning of the hearing that "[she's] have sacked me for the first allegation alone".