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Everything posted by comebackjimmy

  1. I am a big fan of going dark and letting them do all the work and it has paid off for me almost every time so I agree with London1971 about sitting tight. With that in mind it is useful to know exactly where you stand. My understanding of the situation is that if you are in England and Wales then the account will become statute barred six years from when you last acknowledged the debt (five years in Scotland) so assuming you did not enter into any correspondence during which you said anything like "I owe this money" then the last acknowledgement would be the date of your last payment. May I suggest you research your bank statements and properly establish the last date you paid and that will give you an exact date to work towards, basically 49-80 days from today (12th August) assuming it goes SB on a date in October. It is quite possible that Cabot will expire this time in useless threatomatics by sending further correspondence or possibly flicking it out to another low life DCA. So I think best to find the actual date then open all further correspondence to make sure it is not a letter before action (in which case come back here) and file it till the SB date. After that you can have some fun with them especially if the documents they provided are indeed bogus. Might be worth doing a SAR to Mint (now owned by royal Bank of Scotland) to see what they send back. If you get lucky and they send details of your original application form then Cabot's bollocks will be very nicely on the table.
  2. Couple of weeks late but just donated a tenner, not much but.... No need to post out an acknowledgement.
  3. Hello I agree with dx100uk. Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt. They have a limited amount of time (I think around fifteen days) to send you the document. Here are the possible follow-ons from that: 1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time. You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame. After either of the above whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense. Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing. The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse. Following on from the above you can continue to not pay them. I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future. They may send you further letters either inducing you to resume payments by threat or by offering you a deal. If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny. It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.
  4. This is great advice. From now on I will be opening all letters that come to me.
  5. I am happy to report that the company has decided not to pursue their claim. Here are the main details: I sent the letter in post 11 above (but I thank ericsbrother and Emmzzi for their comments that were added after I had already posted). On the day of the deadline my friend received a letter stating that they were not proceeding with their claim. In about nine paragraphs they said; the over-payment was a self evident innocent error by the company, Promissory Estoppel was irrelevant, disputed her claims and pointed out they were only raised once they tried to get the payment from her. That said they were exercising discretion in not pursuing sums legitimately owed on the basis that the parties not make claims against each other as per the letter I sent. I am pleased that my letter worked even though legally it was on infirm ground but I think the company realised they were going to have to put a lot of management time into this and were unlikely to get a quick return, and I suspect they were also anxious that some of their practices did not come to light. Whilst I am pleased I also have a nagging guilt because I have some sympathy for the care home (and all care homes) as they have borne the brunt of the Covid outbreak and it has not been at all easy for them to deal with it or their staff. Anyway, my thanks to CAGers for their input. This thread can now be closed as no further help is required but can of course be open for comments. Donation Friday (Payday).
  6. Hello All Update: It turns out she left on 3rd April so she has until the end of June to start any unfair or constructive dismissal claim. Not sure how that would go as she was not there two years but anyway I have written the following letter for her and I will fire it off and see how it goes. The intention is to get the management to realise that if they pursue their claim they will be in for a long haul with other issues along the way but if they "wipe their mouths" then so will we. Not sure how well it will go but it is the only shot I can come up with and I think it is worth a try: ____________________ Dear Sirs Further to your letter of 8th June I deny that any money is due to your firm and I will be relying on the Principle of Estoppel should you wish to seek a court order. I will ask that the Court recognize that; a). You have lead me to believe that the money was correct and due which you did by repeatedly paying it and evidencing that fact in a payslip over some eight months. b). That the overpayment was not my fault which is clearly evident and c). The money has been spent in order to change my lifestyle to the extent that I relied upon it for a steady income rather than going hand to mouth as I had done in previous employment and used it to settle outstanding debts. You will have to wait some months for the case to come to court and convince a judge that the above are not true in order to succeed. I had hoped to move on from the toxic experience of working for your firm, and in particular having sought advice about how I was treated it was clear that a case for Constructive dismissal was (and is currently) possible, though I decided it was better to just move on. But as you seem intent on pursuing the above I must now consider your treatment of me which includes the following: 1. Setting me up with the wrong contract that I knew nothing about for at least 8 months, so my diligent filling in of the actual time sheet made absolutely no difference in hindsight. 2. Demanding overpayment publicly in the company reception and office, as a result the whole company being aware of my private matter, extremely unpleasant pressure put on me at the time. 3. Not keeping me safe whilst working in a risky environment during the pandemic, refusing to give out PPE, such as masks and aprons, when they were already available, a Clear breach of the Health and Safety at work Act. 4. Demanding I do not protect myself, wearing my own PPE, whilst not offering me an alternative, I was at this point suffering extreme eczema on hands, aggravated by increased washing and severe stress at work being treated disrespectfully on many occasions. 5. Habitually being understaffed and more demands put on staff, eg. people must be ready and out of bed by 10.30 am, which is unrealistic, plus furthermore their choice, breakfast must be ordered by 9.30 am, again low staff levels did not allow for that to happen etc. 6. Demanding I remove my own protective gloves moving a new resident in his wheelchair and with his belongings, who just came from hospital with a coronavirus, escorted by ambulance drivers in their full PPE. Later on it was found out this is the main route Covid got into care homes. 7. Breaking clear government instruction during pandemic, putting residents and staff at risk, still allowing some residents visitors, even during a clear government ban. This resident who was allowed visitors now sadly passed away, so this should be investigated. 8. Not providing any additional PPE, other than a T shirt to protect myself from the coronavirus during lockdown. So I do not claim I am a scientist but everyone knows how Covid 19 spreads and how important it is to be wearing effective PPE. 9. Ignoring my complaint about all this and subsequently allowing coronavirus into the care home. Also ignoring several complaints that some colleagues were getting away with not contributing to the work and it becomes too stressful for other staff to cope, eg myself. 10. Ignoring my sickness notes, that I had a great difficulty obtaining, whilst suffering from migraines at the time, when I explained doctor’s surgery did not operate over the Easter weekend, hence the gap in my sickness note, it got simply ignored and dismissed. 11. My resignation and complaint was altogether ignored and my sick pay for 2 weeks was not paid, so effectively I have been fired. 12. I am still unemployed and not intending to get back to work until my mental health issues are improved. 13. Finally, not allowing me to go on holiday, even though this was requested minimum of 3 months in advance, only a few days out of my requested week were usually approved. I was expected to do the manager a favour and work extra hours, which was not something I could or wanted to do very often. The above are sufficient grounds to bring a case against you at an Employment Tribunal. I had decided to in effect “wipe my mouth” and move on from your firm but as long as you threaten me with court action I have no option but to respond in kind. I have until the end of June to start a case against your firm. I do understand that your firm has faced major management challenges this year and it has not been easy for you either. Therefore, if you advise me, in writing, by Friday June 19th 2020 at 1700 hrs that you are prepared to withdraw your claim then I will in turn offer a similar undertaking not to commence a tribunal case against you and both parties can move on. I cannot allow you any more time after this date as I must commence my case before three months have elapsed. ______________________
  7. Bankfodder: Not sure how much the over payment was but believe it to be around £100 per week over 18 months! making it around £7.5K but will have to come back to you on that. She left 3rd March. Yes I agree they are separate issues. I am just wondering if it is possible to offer the threat of one to get rid of the other. She just wants to move on and not be enmeshed with dealing with them. London 1971: She was paying it back at £50 per month prior to when she left. I don't know what the balance owing is. The letter she has received says that if she cant pay in one lump then contact them to sort out a plan. Thanks both for response.
  8. Hello All This thread is a continuation of this one: The situation has now deteriorated. In summary The lady in question was working in a care home as a carer and from the very start they overpaid her. When this came to light they insisted she re-pay the over-payment and apparently this was discussed in public so that her colleagues became aware of the situation! She began to repay at the rate of £50 per month. As time went on the Covid situation got a lot worse and the home began to receive patients suspected of being Covid carriers. On one occasion the lady had gloves on to receive a patient from an ambulance and was told to remove them (I have no idea why!). The lady became increasingly anxious about the situation in the home, her own health and that of her son and began to lose sleep and experience anxiety issues. She took some sick leave and ran into problems getting sick notes and so the company refused to pay her sick leave. Eventually she left what seemed to be a very bad environment in which she was unable to cope and predictably the company did not pay her the remaining pay or sick pay. After leaving she started to feel much better and has now lined up another job. She has received a letter dated 8th June demanding repayment of the overpaid wages. Unless this is done within seven days (so 15th June) they will take legal action to recover them. The letter says that but whether or not they do so remains to be seen. It seems that as this is in effect a letter before action that some sort of reply is warranted. The lady does some cleaning for a solicitor who has advised her to send a one page letter which she has composed and the text is as follows: _________ I am not intending to repay you anything as you have breached the circumstances of your employer’s duties towards me. Namely: I would be most grateful if CAG'ers could comment on the next steps. The outcome we want is for her to just leave the whole mess behind and move on with her life. She does not want to pay back the over-payment and neither does she wish to pursue the company for constructive dismissal or any other employment infringements though I believe she would have a very good case given that shortly after she left the care home came down with thirteen Covid cases so she was right to protect herself and they were wrong to prevent her from doing so and therefore forced her to work in an unsafe environment. I would ideally like to construct a letter that points out the wrong doings of the firm and the consequences to them if the lady decides to go to an employment tribunal or take some other form of counterclaim. The letter she has written as above I feel does not have enough bite and I would welcome any comments or suggestions as to how to beef it up, perhaps by reference to actual laws for example. Any other advice, suggestions or even just opinions and comments are welcome as they always are on my threads.
  9. Might be worth writing to the motoring organisations AA and RAC and see if they offer an opinion. Could help you with the magistrates if it gets that far. My own opinion for what it is worth (not a legal or driving expert) is that in exceptional circumstances where you don't believe it is safe to continue then you are right to stop. The fact that another motorist took the same decision is a good indication of how bad the conditions were.
  10. I cannot resist the temptation to add to this thread! A friend of mine was in an IVA with around ten lenders and I wrote to every one of them with a CCA request to produce paperwork to demonstrate the debt existed. Not one could do so. Most wrote back to say they could not produce the paperwork, one sent some cobblers concoction of an application form with no signature and one, in a rare display of integrity, even went so far as to say that the debt was unenforceable as a result of their own lack of evidence. 100% success rate. He stopped the IVA payments and has heard no more. Do yourself a favour and give these blood suckers the big E. It cannot have a worse impact on your credit score than has already occurred and anyway who cares about their credit score, this is a device by the lending industry to keep you in line. As long as you live debt free your credit score should not be that important. Also, there is no moral issue here. These IVA companies will simply suck your limited funds into their own bank accounts.
  11. I get the impression that the judge was really enjoying himself, especially with the liberal use of Shakespeare! I note the Defendant was connected to the Theatre, I wonder if this may have swayed his honour (not in terms of bias but in terms of doing a proper job?).
  12. He may have lived in Scotland but not sure he was a genuine Scotsman. They have a reputation for no paying out if they don't have to!!
  13. Hello In my experience if you do not return the directions questionnaire by the correct date then the court will send an order to you that you must complete it by the date on the order or the case will go against you (essentially this is a reminder). So not to worry. If you have not received that document then just send the directions questionnaire in and if you have received the order then send the directions questionnaire in before the date of the order.
  14. OK will do. I will link to it here when done.
  15. Thanks for the comment Bankfodder. We got to the point of getting a second Hearing to restore our account before it was automatically restored. We then had a very threatening letter from their Solicitors seeking costs if we pursued them. They wanted us to formally discontinue the case which we refused to do. This did not put us off but the needs of the business took too much time and it drifted off. Having said that we got more time just now!
  16. I would like to add my experience to this thread as it may help out somewhat. In December of 2018 our business account with Barclays was suspended just before Christmas with all our staff wages due on the 20th in time for Christmas. I spent the better part of the day in the branch where they refused to say anything about what was going on. Later on I learned the following: 1. If a bank, or a bank employee even, has a suspicion of money laundering or similar they are obliged to report it to the National Crime Agency. 2. If they do not report it and it was later found that criminal activity was taking place then the Bank can be held liable so this is arse covering by the bank. 3. Once they report to the NCA they cannot tell you , the account holder, that they have done so as they will be found liable for tipping you off that an investigation into you was under way. So the lack of any explanation is arse covering by the bank (again). (Perversely this very lack of notification is the clearest sign this is what has happened and is a great tip off to the potential money launderer that he is under suspicion!). 4. Once the NCA is notified of the suspicious transactions they have a certain amount of time (it is something like ten working days) to notify the bank of whether they are interested in investigating the case. Something like 10% are of interest which means the other 90% are of no interest. The NCA will ignore these and once the initial period is over the bank is allowed to release the account. 5. If the NCA is interested in further investigation they have another period of time (something like a calendar month) to investigate after which if nothing comes of it then the account is once more released. In my case we took court action to try and get the funds released but it was difficult over the holiday period. We got one hearing which the bank failed to show up for and they subsequently released our account in January at the conclusion of the ten working day term. As we had taken court action they deemed the relationship had broken down and gave us 30 days to move our account. I strongly suspect that you are caught in this situation. They, or probably some stupid computer algorithm has identified a transaction in your account as suspicious, they have notified the NCA to cover their arse and refused to tell you they have done so to cover their arse again. Is your account closed or just suspended? In any case you cannot use the Barclays account right now and you almost certainly wont want to use them in the future. You need to open another account so you can function financially. I suggest the quickest way to do this is to use one of the new on-line services such as Starling, Tide, Monesse etc. I strongly recommend Starling as they have a great app, an easy and swift on-boarding process, cash deposits at any post office (so for example I can deposit at ten o'clock at night in my local village coop!). Business accounts also available. You will probably 90% certain have access to your funds again within ten working days of the suspension and almost 100% certain to have them back after a month or so if the NCA takes an interest in you. Once you have these funds back you will need somewhere to put them before you give Barclays a colossal middle finger. I have found out that Barclays are berks, bastards and other B words. I certainly would concur with Bankfodder that being loyal to any bank and/or to expect loyalty from them is akin to a cow being loyal to the farmer, you will get milked until you are no good to them and sent for slaughter if it is convenient for the herdsman. Given the time frames I have outlined above any complaints you make to the Ombudsman or elsewhere will not play out before your funds are made available to you again but it might be worth starting one in case you can get something out of it. I have around six or seven bank accounts on the go so I will never have my balls on the table with any of them again. By the way you are the innocent in this, it is the Dickheads at Bastarlys at fault and don't be scared of them. Hope this helps.
  17. About a year ago I assisted a friend who had a debt management plan by writing to every creditor of which there where ten. Not a single one could produce supporting documents to assert their claim to the money! Needless to say he stopped the plan, and the payments and the creditors have been unable to persue further. Just saying!
  18. Not entirely sure about this. In an overdraft situation if you don't repay it do you get a default notice? If you do then the SB clock starts at some point after the date of the default notice. For example if you get a notice saying that by x date you must have re-payed then the account is not in default until you have failed to pay according to the notice so the SB clock starts then.
  19. By the way never call a debt Collector. In fact my experience is not to have any contact with them at all. just stay dark. No answering their calls, no replying to their texts, no responses to their emails and whilst you should read their letters you should then file them in a foolscap folder without reply. If anything urgent comes up like a letter before action or a solicitor letter or even a County court claim pack, then that is the time to act. In this case it seems your relationship is still with the original creditor so probably worthwhile contacting them to see what their system says about you.
  20. I am not an expert but a SAR should be signed.
  21. OK So right now they allege they own the debt and want you to pay. I would stay dark. Get your mum to open the letters and whattsapp the contents to you. As long is it is the standard chasing letters of one sort or another then it is safe to ignore. They have not got you to the doors of the court yet!! Get your mum to KEEP all the letters and whenever you visit just collect them and file them properly. The object of the exercise is never to give them any feedback. I would never send the letters back as Return to Sender. Right now they don't know anything so the threatomatic machine is just pumping them out, let it continue to do so. If you get the letters sent back as Return to Sender they may not believe it but if they do then you lose control of what they are doing. As long as they are sending correspondence to you it is possible to read what they are saying and see if they are trying anything on. They might just try a backdoor CCJ but if they do not use your mums address they might use some other previous address and you have lost control. This is a long game where they keep hitting balls over the net and you keep not hitting them back, and they don't know if there is anyone on your side of the court! The only time you have to do anything else is when they start to get legal.
  22. I will contribute here if that is all right as I have successfully fought off Lowell with a Vanquis card and have some knowledge of how they work. So first things first, what is the nature of each of these letters? If they are all introductory letters with a Lowell letter head then that is a good sign. They can safely be ignored. However, can we be clear that none of the letters are County Court Claim forms or Letters before Action. A letter before action would say that or something similar on the letter. Make sure none of them are from a solicitor. Presuming these letters are all intro letters I would go dark! That is to say I would not reply. No emails, no snail mail and definitely no phone calls. Let them keep sending their various automated letters for as long as they like. If you receive any phone calls from them (though currently it does not seem likely as how would they get your number) then DO NOT GO THROUGH SECURITY, just hang up without speaking to them. Then create a contact in your phone called DCA Lowell and add the number they called from. They call from various numbers. Here is a list of numbers they have previously called from though in actual fact all the calls come from one automated threatomatic machine in an office somewhere: 07900742239 01133086169 08448150652 0844444716 01133086000 01133086035 07900742242 0333 556 5500 0333 556 5501 0333 556 5835 0333 556 5560 0333 556 5561 0333 556 5520 Of course there will be more! With all due respect to Dx100UK (for whom I do have the highest respect as I have seen and followed his many posts over the years) but I would not send a letter along the lines he suggests. For a start he refers to "my possible historic debt" this to me could be interpreted as taking ownership of the debt. It might be worth writing a letter to them if your current address is stable but if they continue to write to your mother's address then you will receive them. Have her open and photograph them and send you the pictures by whattsapp. If you do write to them I would keep it as simple as possible as follows: Dear Sirs REF: (ACCOUNT NO.) Please be advised that should you wish to write to me then the address for correspondence in this matter is as follows: YOUR ADDRESS. Yours sincerely (Absolutely do not send phone number or email address) Next: Join checkmyfile or similar credit reference service for free and you will get regular updates to your credit report and will see any changes immediately just in case Lowell slip a sneaky CCJ through. Your current position seems to be that they are trying to collect on the debts. They do not know for sure who you are. They have not established that a debt exists. They have not established their right over the debt or ownership of the debt. They have not provided any paperwork to establish the debt. They have not proved they bought the debt and/or declared they are acting for either the original creditor or anyone else that bought the debt. So for now, go dark and stay dark other than possibly directing any correspondence to you instead of poor old mum, unless she is willing to be your gatekeeper. Also, worth trying to find out when these debts were last acknowledged by you. By that I mean when did you last pay or write something saying or implying you owed the money? This is because no legal action can take place after six years (five in Scotland) so it is worth while working out how long they have got to run. When you first defaulted then the original creditor would at some point have recorded the default with a credit reference agency. If Lowell bought the debt then they have (or had) a habit of illegally re-defaulting. In my case they tried to say the debt was still within the six years but I was able to refute that with a copy of the original default notice. In the case of the Vanquis card your clock starts ten days after the date of the Default Notice VANQUIS issued. The default date on your Credit file may be different but it is the DN notice that is the important one. In the case of the utilities then either the last time you paid or if they did issue a default notice then the same as for the Vanquis card. That is enough to be going on with. As ever I welcome other CAG'ers suggestions, comments and criticisms. I might have got some things wrong.
  23. I would like to add to this thread. Unbelievably the Bailiff returned and attempted to take his fees again. At that time I was with my fellow director and we confronted him and told him that under no circumstances were we paying him anything and that he was on a hiding to nothing. At one point he tried to enter into a payment plan with us (for a relatively trivial amount of the fee!!), such was his desperation. He then went away giving us 24 hours!? I wrote to the council again this time as a formal complaint. The bailiff phoned back a few days later to see if we had changed our minds. I told him we had complained to the council about both the claim and the poor Bristow and Sutor Website. He said, "OK as long as you are not ignoring it" . The council responded with an apology and said that once again they had called off B&S. We have heard nothing since. I presume that this is finally it but you never know.
  24. My thread is done Dodgeball so feel free to run with it. What template did you want me to put up, there was no single document but several communications that led to it but happy to provide whatever I can.
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