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gnarl

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About gnarl

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  1. Hi Guys I've been through ACAS early conciliation which was unsuccessful - basically went as follows - Completed early conciliation form online - Nothing happened for nearly 4 weeks - Contacted by case handler one day before conciliation was due to end asking for extension as company had only just instructed solicitors. - Case handler asked what I wanted as resolution - Case handler asked for clarification on a point regarding what I wanted as resolution - Last last days of extension from ACAS advising they'd received a response from respondent confirm they did not want to make an offer. Hoping someones had experience of this and appreciate nobody has any details of my case. I've read through various sources that this is a normal tactic from solicitors to - Find out what you want - Then to end early conciliation to see if you actually start the employment tribunal process Once they then get the employment tribunal notice they then get serious and start negotiating (unless they got a water tight case). Any advice anyone?
  2. Hi Guys I'm after a quick bit of advice regarding time scales for ET application after going through early conciliation. An incident happened at working on the 10th August 2016 for which I raised a grievance then appealed the grievance. I had the results of the appeal on 7th November 2016 for which I still do not agree. On the 8th of November I then submitted a request to ACAS for early concilliation which I'm told put a hold on the time given to apply for employment tribunal, which I believe is 3 months minus 1 day of the incident. Now as far as I understand ACAS will not try and resolve this with my employer but if they fail they will issue me with a certificate which will enable me then to apply for employment tribunal and the clock starts again. Does this then mean I've only got 2 days after ACAS issue the ceritificate to apply for employment tribunal? Hope the above makes sense. Gnarl
  3. Hi I'm looking for some advice. I've been working for a large company for just over 7 year. 2 years after starting my employment I started a role which mean I undertook a highly technical role under secondment. The secondment had no end date but ended up lasting just over 2 years. This secondment was actually made permanent. The then permanent role actually meant we were doing a role above that for which other people were be paid a much higher salary. This had been argued by a particular union over many year but a number of us continued to be paid at a lower rate. Recently the union announced that they had come to a deal which meant that a number of people would get back pay and an increase in pay for doing the role. I questioned whether I would get this new deal but was told I was not on the list (this is the list the union had compiled and as not a member my name did not appear on it). I asked the reason why I would not get the deal and they advised it was because I'd started the role after a cut off point. I know for sure a few of the people who started the role at the same time are me are getting the deal. As I've been on the role over several years and through many business units it may be difficult to provide much paper evidence although I in the process of trying to track this down. I've spoken to a separate union who represent a few of us in the work but I'm the only one they represent that in this position. I'm unsure if the company will look up on my situation favourably and wanted to know what recourse I would be looking at. I'm guessing grievance/tribunal but was looking some guidance. Thanks Gnarl
  4. Hi Guys Quick update! Received letter letter from Reston's today confirming they are discontinuing claim with a notice of discontinuance attached Thanks to everyone that helped me with this I really appreciate it
  5. Thanks andyorch ain't heard off them for months! That was my gut feeling there just chancing it
  6. New letter today received from Restons some months later (I'll scan it in later as not got access to a scanner at the moment) The gist of the letter is I've requested a copy of the consumer credit agreements for the loan and credit card. The letter from Reston's explains that as the debt they chasing is for a current account then it's not covered by the consumer credit act. The statement they have previously supplied clearly shows a loan and credit card and bank account were amalgamated into this "current account". I would never had agreed to this. The final paragraph goes onto say they are waiting for copies of the default notices from the creditor and will be in touch. Sounds like a load of rubbish to me. My understanding is they only had to provide default notices if the contract was covered by the consumer credit act. So they are waiting for default notices for an account they are saying is not covered by the consumer credit act. Should I respond to this or just ignore it? Thanks Gnarl
  7. Thanks DX Sorry about starting a new thread. That was my gut feeling to do nothing. The fact is the majority of the money they are claiming is for a loan/CC covered under the CCA. They have not provided agreement for these elements and that the situation were in at the moment and the case has been stayed for 4+ months. Gnarl
  8. You need to put to together a budget and also ask about any energy trust you can apply for. Most of the energy companies have a trust which will award grants to help cover one of debt balances You could make them an offer. You would need to cover your ongoing consumption plus add an affordable additional amount to bring the debt balance down. It may be worth writing to the CEO and they will normally have complaints staff with more authority to agree a payment amount. They will normally offer prepayment as they will normally be able to spread the debt portion over a longer period. What they want is for you to cover you ongoing consumption and for the debt balance not to increase.
  9. Hi Guys I'm looking for some advice I received a claim form in July and acknowledged service and sent of CPR/CCA requests. After many letters and information being exchanged it turns out the claim amount was for a credit card, loan and bank account that had been merged into one account. They still have not produced CCA's for the loan and credit card portion of the debt and these are the majority of the debt with the bank account be a very small amount in comparison. The last letter I sent them was that I would be defending the claim as in my opinion the debt was not enforceable if they could not provide copies of the CCA's. I have not heard anything from them since the end of November and the court case has now been stayed for over 4 months. I'm not sure what I should do next should I do nothing, apply for an unless order or apply for strike out. Thanks Gnarl
  10. Thanks I originally sent a CCA request when I received the claim form and they replied advising they could not send a copy of the CCA as it was for a bank current account. I'll just sit tight and see what happens Thanks Gnarl
  11. Hi I'm not 100% sure. My defence stated that I had no information regarding the account reference number in the POC. Restons have now confirmed that the account was charged off and tranferred to their debt collection dept and given a new account reference number. The overdraft I orginally had was a maximum £500 and the statement of account they have provided shows a balance of approx £400. There are 2 other transactions on the form one is a credit card balance and the other a loan balance transferred to the new account. It would seem they have transferred all debt onto this new account. I was not aware this had happened until they had recently sent me the statement of account. When I originally received the claim form I thought it was for a credit card because of the balance. I sent CCA request and they replied advising it was for a current account. I was not aware they could transfer CCA regulated loans/credit card into a non CCA regulated account. I now don't know what I should do next in reply to the letter from Restons Any advice would be appreciate Thanks Gnarl
  12. Hi I've read through the thread and I'm still confused what I need to do in response to the letter from Restons. Do I just clarify my position and that I will not be withdrawing my defence and confirming as there letter now confirm that the debt was oringally composed of Bank Account, Loan and Credit card then I still request copies of the original CCA's? Any help would be appreciated.
  13. Hi thanks for the reply More details below The particulars of the claim read Claimant claims payment of the overdue balance from the defendant under a contract between the defendant and HSBC Plc dated on or about the 27.01.2005 and assigned to the claimant on 20/2/2013 in the sum of £xxxx.xx 19.05.2014 default balance £xxxx.xx Defence I've submitted via MCOL 1. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alleged to be owed to HSBC Bank. 2. The Particulars of Claim do not specify the type of account or give any reference number to assist the Defendant identifying the account. The particulars of claim appear to only relate to a single contract between himself and HSBC with an inception date of 27th January 2005 and the Defendant does not hold any records from that period. 3. The Defendant believes the claim may relate to a Loan and/or a Bank Account overdraft however is not aware of any remaining debt owed on either account. The Defendant was participating in a Debt Management Plan until October 2009 and believes this claim may relate to a debt included within that plan. The Defendant recalls that he had an overdraft of approximately five hundred pounds prior to closure of the account and entry into a Debt Management Plan. 4. Due to the confusion as to what the claim relates, the Defendant has requested further information from the Claimants. The Defendant requested this information on 5th August 2014 as under CPR 31.14 and requested a copy of the agreement/contract, default notice and notice of assignment The Claimant has not supplied any documentation to the Defendant. The Claimants statement of case mentions the contract, the date of assignment and the default balance and date of default. 5. The Defendant has also formally requested on 5th August 2014 a copy of any Consumer Credit Agreement applicable to the claim under section 77-79 of the Consumer Credit Act 1974. The Claimant has not supplied any documentation in response to this request. 6. 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. 7. The Defendant would prefer to sort any outstanding debt out if any exists but feels unable to as the Claimants have not identified the account/s their Claim is based upon so is unable to plead effectively. 7. The Defendant denies the Claimant is entitled to the relief as claimed. Accordingly, the Defendant avers that 9. The Claimant has failed to plead properly in this matter 10. Therefore, the Claimants Claim should be dismissed. 11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further and the Claimant bear the costs. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed Dated I've attached the latest letter from Restons which confirms the original account's were closed and all debt transferred to a single account. Accounts were current account, loan and credit card. They've not provided the CCA's for the credit card or loan. I'm not sure what next steps I should take. Should I now write to them thanking them for the documents and advising that as they've confirmed the majority of the claim is for a Loan & credit card could they now provided the CCA's for these? Thanks Gnarl
  14. Hi Guys Im looking for some advice. I received a court claim from Northampton county court from Restons on behalf of Marlin. I completed the acknowledgement of service and request evidence from Restons which never came. I completed a defence based on I cant defend without see any evidence. The case is now stayed as reston's have not contacted the court. Reston's have now sent me a statement of account and it would seem the original lender has transferred the debt from a credit card, loan and current account into a seperate account and sold the debt. Restons have also invited me to withdraw my defence as they feel my defence has little chance of success. I'm not sure what steps I should be taking now. Should I now be writing asking for copies of the CCA for the loan and credit card? Any advice would be really appreciated. Many thanks Gnarl
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