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Everything posted by SickofA&L

  1. The best way forward is to ring the consumer credit counselling service who will do a full income/expenditure report. Send this to the vermin and wait for the reply. If they wont accept it that's their problem, if you haven't got the money, you cant pay it plain and simple. Let them take you to court and let the judge see that you've been to CCCS. The judge will take a dim view of the vermin for not accepting the offer put forward and he will order that the amount offered is what shall be paid. I very much doubt he will order you to pay costs. Also, the vermin are not allowed to add any kind of admin costs
  2. Wouldn't worry too much. My girlfriend had exactly the same letter a few days ago. We called CCCS who said this is a common tactic Capquest use to scare people into paying (why doesn't somebody stamp on them if this is the case). I broke the golden rule and called capquest although it was a revelation. I demanded to speak to somebody in their litigation dept and threatened every course of action I could think of and she meekly replied 'it would never be taken that far anyway'
  3. OK, I've just looked at her credit history and found out that a ccj was made against her back in 2007. The problem is that it was made against her at an address she hasnt lived at since 2005. Any ideas where we should turn next?
  4. I don't really understand all this stat demand?bankruptcy petition lark. My missus got the letter yesterday from Capquest which read as I have posted above Any help would be much appreciated
  5. It's from a bank account that she had with an overdraft. Capquest want over 3 grand but she's adamant that the original debt was nowhere near that. How do you get it set aside? I've told her to ring Barclays 2moro to find out if Capquest are supposed to be collecting on their behalf or whether they have bought the debt. Also told her to find out if they did get a court ruling
  6. Hope somebody can help me with this. Back in the summer last year capquest started hastling my partner for a debt with Barclays Bank. We sent a CCA and got back some blurry photocopies of what we think are bank statements but can't make them out. Along with this came a letter supposedly from Barclays saying Capquest were now in charge of the debt but having a degree in Graphic Design I'm pretty sure it's a fake because it's obviously printed on an Inkjet printer and the Barclays logo is low res. Towards the end of Capquest letter it said she is in breach of a court order but as far as we know, no order exists. Today she has been sent a letter which I'll type out below... Barclays Bank plc v Miss xxxxxxxx MANSFIELD County court. Claim No.: xxxxxxxx Balance: xxxx We regret that you have not responded positively to our previous correspondence and that the judgement against you entered on 15 MAR 07 remains unpaid. Enclosed with this letter is a statutory demand under the insolvency act 1986, which you should read and review carefully All relevant information about the debt and as to how to deal and respond is set out in the statutory demand. It is important that you act by the deadlines stipulated. If you need help or clarification we would suggest that you seek the advice of a solicitor or reputable debt advisor. If you fail to respond to the statutory demand we will be entitled to present a petition to the court seeking an order that you be declared bankrupt. Abankruptcy petition is a serious matter. Once it is issued we will not be permitted to withdraw it without the courts permission and any other creditors you have will be entitled to be heard. Significant costs will be incurred which you will be ordered to pay. Before considering this step, we are willing to give you one last opportunity to avoid possible bankruptcy. If you wish to take this opportunity you must contact us on 0870 084 3533 We trust that this can be resolved without the need to proceed to the bankruptcy stage This is the exact wording of the letter. My question is, is this a load of bull**** as she has no knowledge of a judgement against her and they didn't supply a proper, signed credit agreement just some blurry photocopies of a couple of statements and what I believe to be a fake letter from Barclays (the dates do not add up) Any help would be appreciated
  7. Hi Gave, sorry for the delay in replying. When you handed the card over at reception on the evening they should have just taken it as a guarantee with no money withdrawn. To take the money you would have either consented to 'quick check-out' where you just drop your key in a box at reception and they charge your room cost plus extras like meals charged to your room. If it was standard checkout the computer would show the £50 plus anything you requested to be charged to the room during your stay at which point you sign, enter pin etc. I'm very surprised that the letter has come from the head receptionist because to be honest they dont have any power and complaints are usually dealt with by the general manager or deputy general manager. The rate they have charged you is more than likely the 'rack' rate which is basically the standard rate that any hotel charges. The £50 was probably the 'daily rate' and it could be the case that when you checked in the person who put it into the computer selected the 'rack' because they weren't paying attention. You're best defence to this would be to go on a hotel booking website and see what rate they are charging for late bookings on the equivalent night to which you stayed and compare this. If it is £50 (or there about) then you have the beginnings to your case. Dispute the vomit charge and request that they produce documentary or video footage to prove this. When you put a letter together cc it to the head office complaints department. On the copy to the hotel address it to the general manager with strictly private & confidential on it or it wont get past the back office which is usually the head receptionists office. Also call your bank and put the amount into dispute and they will investigate it to which should embarass the hotel. Hope this helps
  8. had a message passed from my elderly neighbour to call 01252 576376 - they said they could hardly understand the lady who asked if i lived next door & could they pass on a message for me to call them. they passed the message to me as I was leaving the house - luckily otherwise I would have called them back - I had time to think whilst I was driving & then decided to google the number - where I found this forum - I do not have any debts that they could be chasing and I am so annoyed that they contacted my neighbours - which will now be the gossip of the whole street as that is what they do all day! I have passed this number onto the council fraud investigators and if i do not get any where with them I will then contact Trading standards and the police - I do hope that not too many people have submitted to their devious calls as I know how much money debts can really have an affect on a persons life & health, I have seen my partner go through it.
  9. Just to let you know that half my family are or were in the police force and when they go to shoplifting offences they ask for all cctv evidence whilst at the store....in my area anyway and apologies to security staff that are posting on here who I am sure are decent people but my uncle jokes about some security guards only having the job as they have huge power complexes and low IQ's....again a personal opinion and not a slant on the industry as a whole. I think you were probably one of the unfortunate few who has suffered at the hands of a 'security guard' as described by my uncle
  10. This may or may not help you as I work for a different (larger) hotel chain but the process should be the same. Firstly I need to know whether a pre-booking was made or whether you just turned up at the hotel and requested a room?
  11. If they dropped the action then nothing can be mentioned in his reference
  12. Go to the meeting. The reason I say this is that they are threatening a claim against you so if you can sort it then all the better. Have you got anybody you can take with you to the meeting as a witness to proceedings? With regard to the car what is your definition of reasonable wear and tear? You have the responsibility of everyday care such as cleaning inside and out, keeping an eye on all fluid levels just as you would with your own car. The company (or the lease company that your previous employer used) has responsibility for servicing, changing of tyres at their legal limit etc. If you've crunched it in any noticable way the company can reclaim repair costs although Ive never come across it as the cars are insured by the company. Take a look at your old contract. P.S Keep taking advice from ACAS and consider legal advice as well
  13. Supposedly 2009. A lot of local councils (some have stopped) and private sector businesses were and still are asking how many days sick you have taken in the last 12 months on the application forms but there is nowhere to give explanations so it can fall foul of DDA. Case study:- somebody with epilepsy only partially controlled has fits maybe only twice a month but takes another day to recover each time. Add those days up and it looks very poor but there is a legitimate reason and not just hangover day or got the sniffles. The prospective employer only takes into account the number of days so may discard the application in favour of somebody with a better record...breach of DDA!
  14. Hi Maca, first of all what shift did you do before and what are the shift patterns going to be from October. You need to work out which shift suits your domestic situation best (pick 2 if possible) this will show some flexibility when talking to HR (if you wish to you could also discuss split shifts although I'm guessing this wouldn't suit your circumstances. You need childrens ages (important as discrimination goes out of the window if your childs actually a teenager), distance and travelling time to and from work. Once you've got this info post it here and we'll go through the discrimination regs and see if you've got a case
  15. Unfortunately common practice is not really going to be much of a defence unless you can actually prove this has been done by others giving names and dates (which will probably make you as popular as a doughnut at a weight watchers meeting). If you think you can do this then go for it but I would also think about preparing an agreement for leaving ie. Resignation with a good reference and all wages owing
  16. Hi Ozzywizard whatever you do DO NOT go to your HR department. Unfortunately you will have to accept your lot. Even if you do not mention your little agreement with your manager HR will if they do a wage review or complaint procedure against your boss. As soon as your little agreement comes to light you can be automatically dismissed for gross misconduct and dependant on how firm your HR department is they could demand all of the money back which you claimed and could even take legal action for fraud (very unlikely). This will also be put on any references to other employers. Sorry for having to tell you this but its to save your job. You're also in one of the worst places there is for back stabbing and collusion, I've never seen as many complaints than from call centre employees
  17. Mina, from this point onwards get a diary and log absolutely everything that happens at work ie. jobs done, hours worked in day, conversations with other members of staff (managers/supervisors) any letters sent to you and informal meetings you've had. Reason for this is because if they try anything funny or accuse you of anything you can check against accusations in your diary. Another thing, they are not allowed to just turn up on your door step to discuss things and if they request meetings with you they need to give you 48 hours notice and you are allowed to take somebody in with you as a witness to the conversation. I notice you mentioned that your contract says you are expected to do 6 jobs a day but they are forcing you to do 7. Without scrutinising your contract I cannot say absolutely but it sounds like you have every right to go home once the 6th job is completed if you choose to do so without being penalised by your employer. Out of interest how long have you been working for this employer?
  18. Hi 42man, Sent of the letter to Bryan carter that you kindly set out for me and they received it on Tuesday. Phone rang this morning and the number showing was Fredrickson so didn't answer. These lot seem to have a total disregard for the law!
  19. I would forget about it. Employers only ask for the last 2 employers at most and by law companies cannot send out references with anything other than confirmation that you worked for him, the employment dates and bits like that unless a potential employer wants other info which I very rarely come across. Info on sickness records will soon be banned aswell as it can be constrewed as discrimination if this is taken into account
  20. Have you got a friend or relative who could drop the letter in. Atleast if you did that they could not argue that you didn't respond displaying a disregard for any attempts at sort the situation out. I would recommend you contact job centre plus tomorrow to put in a JSA claim. When you go to the CAB next week ask them to do a benefits check. Basically they'll go through your income and expenditure then sort out any benfit claims for you. I wouldn't be surprised if you can claim full council tax benefit and housing benefit
  21. Sounds a bit wierd wanting a meeting with you after dismissal. You are entitled to take a witness with you to any meeting but to be honest I would drop a letter into reception just stating 'I have received your letter dated xxxxx requesting that I make an appointment to see yourselves. I am currently taking professional advice regarding my dismissal from the company and will contact you in due course' Going by the information you have posted you hold all the cards and it may be that somebody within the organisation has suddenly realised they've made a massive faux pas and wants a meeting to try to placate you
  22. Hi Animal Lover, You're right in thinking that under DDA if they dismiss you unfairly due to your disability you can have general compensation with an extra claim for emotional distress, deterioration of your condition due to the pressures (needs to be backed up by your GP's opinion). The stumbling block in your case is the length of time you've worked there. In most cases the employee has to have been with the company for 12 months although I do admit there is more leniancy with breaches of the DDA. Make sure you keep copies of all corespondence including the recorded delivery receipt as this may be needed at a tribunal. To be honest if a case is brought against the company they will settle out of court before the judge gets a sniff of it unless you decide to turn down their offer and take it infront of a tribunal CADAL will help you fill in the forms for Disability Living Allowance. It's quite a heavy duty application form but as the adage goes 'if you dont ask you don't get.' DLA is made up of 2 parts, mobility allowance and carers allowance. This can payout up to £360 a month depending on your claim as there are higher, middle and lower rates Hope this info helps
  23. Unfortunately the way you see yourself within the company doesn't reflect your true standing so as I said earlier they can release you whenever. You just need to put this down to experience I'm afraid and move on no matter how infuriating it is. Good luck finding another job
  24. Hi Sunflower. I asked about the number of employees basically because the majority of small employers don't bother with HR they just get their basic paperwork from a HR manual held by their solicitors. The reason I asked how long you've worked there is because you need to be at a company for 12 months before you can go for any sort of forced dismissal claim. If I was you're boyfriend I would also give the sister a good slap From experience dealing with smaller companies I would suggest you leave with your head held high, having belief in your own abilities. Writing any sort of correspondence other than a short resignation letter will be a waste of time as it will be filed in the bin.
  25. The DDA is one close to my heart and one that smaller employers tend to disregard due to ignorance. Firstly is there anything in your contract concerning overtime rules and regs? To be honest it's not really relevant in your case but it helps if there's something in black and white. The DDA makes you pretty much bullet proof and if you can attribute your sick leave to your disability then by law you are being discriminated against through what is basically preferential treatment to the 'able bodied' staff. If your employer says that the policy is for all staff point out that 'all reasonable efforts should be made to enable equal opportunities for yourself under the DDA'
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