Thanks for the replies. I'm right in sending O2 a SAR. Should I just complete the AOS on-line in the meantime and request more time to prepare a defence? Yeah I thought it was pretty high too, would definitely need to see the contract before admitting liability to all or part of this amount.

Hi all, Looking for some additional advice as I appreciate that this is a topic well covered on the CAG forums. I have had a look on the CAG forums at similar cases to get an idea of how to proceed with a claim that Lowells are making towards my girlfriend - I'll state at this point this is on behalf of my girlfriend as she isn't any good at this sort of thing. Please see below particulars of the case they are bringing. I hope everything is covered.. Name of the Claimant : Lowell Portfolio I LTD Date of issue – 19 Jul 2018 What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement'). 2) the defendant failed to maintain the required payments and the service was terminated. 3) the Agreement was later assigned to the Claimant on 30/04/2013 and notice given to the defendant. 4) Despite repeated requests for payment the sum of £796.54 remains due and outstanding. And the Claiment claims a) The said sum of £796.54 b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.175, but limited to one year, being £63.72 c) Costs What is the value of the claim? £990.26 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account When did you enter into the original agreement before or after 2007? I'm guessing after that date! The original account (according to her credit file) was opened 25/09/2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? I believe the account was assigned to Lowells as they stated this was 30/4/2013. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of our knowledge but we've only been together 6 years, and 4 years in our current property. It's possible something was sent to an old address. Did you receive a Default Notice from the original creditor? No idea. In all honesty a lot of these because of the age and the fact she's no longer an O2 customer go in the bin. There's also the fact we've moved three times, finally settling 4 years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure, as above... Reading some other CAG threads would this not be applicable as mobile phone contracts are not covered by the CCA? Why did you cease payments? No idea. She had this account before I knew her, and I believe it may have possibly had something to do with her state of mind at the time. She split from her ex who she was with for 15 years and got a bit depressed. Working as a carer on basic minimum wage and living alone for a time, so probably got swept away. What was the date of your last payment? No idea on this. Have contacted O2 with a kind of altered SAR directly by E-mail requesting details they hold on her Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No I'm going to fill out the AOS on-line on her behalf (praying that this doesn't get as far as court as neither of us will be up to that) However I would appreciate some advice on whether this would possibly be statute barred? I understand why they are bringing the claim now as it's just under a year before the 6 year period runs out. But surely the 6 year period runs from the last date a payment was made? Am I right to go down this route of defence? And am I right to hit O2 with a SAR. (I'm expecting them to have little information though on her as the account was opened 6 years ago, although assigned to Lowells just under 6 years ago) At this stage should I specify that I'm contesting the entire claim or just part of it? She had an account and it's likely the contractual term hadn't ended but it's hard to know exactly at this stage what terms she was under as the account was opened 5+ years before it was assigned to Lowells. Given all the uncertainty I'm leaning towards contesting part of the claim? Would that be the best course of action? and then hit them with a CPR 31.14? Many thanks in advance,

Hi, Stupidly I applied for some payday loans over a month ago, and have a couple outstanding that will be paid off this week. However it appears that loans direct UK have taken £69.75 from my account over the weekend. I've not had any recent loans and have had no contact with this company. I even tried to log in under the 'my account' section but their site doesn't recognise either my mobile number or e-mail address. I understand the visa charge back process but my bank are refusing to act upon anything because 1. The charge doesn't show on my account and 2. I must have given them my details, so obviously I've agreed to the terms and conditions. I bank with Natwest and I'm a little concerned that they gave me incorrect information. They said that a brokerage firm would have been passed my details and I would have agreed to the terms and conditions before my details were passed to the brokerage firm, which to me sounds incorrect. They also dont seem to grasp the fact they although they had my details, how they were obtained is clearly fraudelant. Does anyone have any better contact details for loans direct? Because the one on their site just goes through to an automated message service. Thanks in advance.

Anyone? I sent them an LBA so we'll see what happens.

Hi guys, not been on here for a while, but I need some help regarding a loan brokers I unwittingly appear to have given my details to. These people seem to be a subsidiary of myloan, and normally I wouldn't knowingly give my details to a company just like that. I consider myself fairly intelligent! And there's no way I would go through a loan brokers .... So yes you've guessed it, had about £70 taken from my account. I had a loan with Wonga but around the same time I applied for others and I'm pretty sure I applied for a loan and submitted my details on the basis they would use them to check the account was open and that they would need them should I be accepted. Somewhere along the line my details appear to have been passed along to a loan broker I have had no dealings with and before I know it I've lost £70!!! I know the story is familiar, and I know the horror stories out there are pretty severe. I phoned my bank up straight away (Natwest) to ask them to perform a Visa debit chargeback, and the lady I spoke to had refused to do this as they don't want to get into a dispute between the loan broker and myself (this despite me saying I've never heard of them). My questions are basically -surely if I request my bank perform a chargeback they are obligated to follow this through? Even if I was completely in the wrong (which we all know I'm no!) surely the fact I don't need their services, and have never asked for their services should be enough? How do I get them to perform a chargeback? Is there a magic word or something?!? Next - I spoke to someone from Myloans, which is why I know they're the owners of enhanced financial. I asked for my money back and told them I've never asked for their services. I also informed them that should I not hear anything from the close of today I would send them a LBA and basically go as far as to take them to the small claims court. Two things are confusing me - am I entitled to a refund under the distance selling rules within 14 days? And is this covered by the 7 day cooling off period? Also as I've never seen any terms and conditions or received any paperwork from them surely the 'contract' should be considered null and void? How can a contract be legal when it us so blatantly one sided, and partially fraudulent? Lastly - why is this not fraud? If someone comes to me a d says we can provide this service, for this price. Here's the terms and conditions. Fine. But how can I apply for a loan, provide a company with my details, only to have my details passed along to a third party who just so happen to be owned by the company that have now refused my loan application after initially suggesting I could be eligible for thousands???? So the company draw me in with offers of riches, only to refuse me once they have my details, and then pass my details on to a "Liam broker" who coincidentally are owned by the initial refusing loan agent... So it seems win win for them... Why is that not fraud, as it seems pretty dodgy to me?? The first guy at Natwest was quite blasé in the way he admitted these firms do pass on my details!!!!

They must do I suppose, but communicating with any financial organisation is like talking to a robot.

Thanks. I was pretty much under the impression that they couldn't enter without my authorisation, which isn't mine to give any way as it's not my house. I've been looking at a Debt Relief Order. I seem to fit the bill. Less than £300 in assets. Not a homeowner. Less than £15000 in debt owed. They also mention that I shouldn't have more than £50 disposable income after living expenses per month....Not sure how they're going to work that out because I am on JSA, and that is based on £126 per fortnight being the figure set by the government as reasonable living expenses. Slightly contradictory....but that's just my opinion.

Hi, Today I have had a visit from a repesentative of Portsmouth combined courts, who issued me with a warrant of execution on behalf of Egg banking, for the sum of £77.25. That is a small amount of the total sum owed. My history is that in the last two years I have been made redundant twice and subsequantly fell behind with payments. After being made redundant again just before Christmas I am still receiving JSA. I had to move out of rented accommodation over a year ago because I couldn't afford the rent as the only work I could get was short term contract work. I now live with my parents. This warrant of execution says that if nothing is done, further action will be taken and a legal levy will be executed. I am assuming they will attempt to send Bailiffs round to seize my posessions? That is where I have a problem. I own nothing, literally nothing. I have no savings. Don't own my own home. I have no car. All the goods in the house I live in currently belong to my parents. I'm now getting concerned that they may try to take my parents goods? Is that something that they can do? Bottom line is that I don't dispute that I owe an amount of money. I dispute the total amount, and I'm annoyed with myself at letting it get this far. What can I do to 1. stop any body attending the property and 2. to remove the warrant of execution. Like I say, I am receiving JSA of £126 a fortnight and I own nothing of any value. Any help would be greatly appreciated. Thanks. Jase.

Thanks, sorry I hadn't refreshed the screen.

Thanks for the link, but it still only really concerns redundancy pay. What about if I were owed money from my salary? Would I have to apply to the administrators? Do the government run a scheme to cover salaries owed?

Sorry, you may have misunderstood. I'm not talking about redundancy pay. I'm talking about if the company entered liquidation andcouldn't afford to pay my wages owed entirely... I'll answer the above, 2 years employed, liquidation, redundancy not being paid because of liquidation.

Hi, Does anyone know if the government has any obligation or schemes set up to pay me monies owed by an ex-employer following redundancy?

Hi, I've recently started a new job and have been offered 20 days holiday with bank holidays over and above the 20 day holiday allowance. I read somewhere that 24 days was the minimum allowed by law to be offered to an employee. Could someone please advise me on what I am entitled to by law? Thanks.

So basically, you're whole argument in court would be ignorance? would you stand up in front of a judicial panel and say that internet usage wasn't defined in your contract so you thought it acceptable to spend a vast majority of the companies time on the internet? that's just dumb. A lot of things aren't defined in an employees contract, yet we all know what is acceptable because we're supposed to be professionals and adults. Guidlelines are set for certain things that need defining, like timekeeping and lunch breaks. Grievances. Holiday. Sick leave. etc. The offer to put a black mark on the permanent record was the warning. Everyone's spied on at work, if your internet usage goes up it will always be communicated to your line manager. Yes, in a perfect world the manager would have spoken to the OP, but is also well within his rights to monitor the situation if he believes there to be a misuse of company property, or in this case, time.

I was merely making a point based on a purely legal footing. What you are saying is what you think the punishment should be, which I have no opinion of. I agree, it is up to the manager to manage, but any company is also entitled to expect a certain level of professionalism from their employees. Now, if an employee was sitting on the internet for large parts of the day that could amount to gross misconduct as a professional employee should recognise that as unacceptable. In an adult professional world employees should be given free reign to do their jobs without the need to be closely monitored. I will always champion that opinion because I've experienced workplaces where every action is closely scrutinised and you are watched, which hinders the way you work and decreases production time in the long run, and further mistakes are made. I sense now that this is getting off topic..... Resignation does intimate you accepted the decision because there, at the time, were two choices and the decision was taken to walk away. If you are then saying that other factors were realised at a later date, that is where I would say the company misled you into agreeing to resign. I don't agree that it is unfair dismissal because any company is entitled to expect an employee to have an idea of what is deemed acceptable within the workplace....the OP has admitted the offence and was warned, which is why they said gross misconduct charges would be filed on his permanent record. He chose to resign.

Surely if it went to a tribunal they would look at what is reasonably acceptable within the workplace with regards to internet usage....or what a reasonable person deems acceptable practice for internet usage within the workplace? Just because it is not in the employment contract, if the employee spent in excess of a few hours a day on the internet, it would be fair to assume that any reasonable person would deem that to be unacceptable use of the employers facilities, therefor amounting to gross misconduct.... Not an expert, but that would be my argument if I were the Employer and I don't know how many hours are alleged to have been spent on the internet for personal use, but I would even go so far as saying that any personal usage of the internet during work time could be seen as unacceptable. Having said that, I'd have said the OP had a case before resigning from the position. Resigning intimates that the OP accepted the companies investigation and final decision,so, then performing a U-turn and claiming unfair dissmissal would seem odd, unless you claim to have been mislead by your employers in some way I suppose.

Wasn't the money deducted part of a bonus, or described as a prize by the OP? The MD can't deduct a sum of money from your salary, but I would assume bonuses can be, depending on the reason given and whether or not it is defined in your contract of employment. To the OP - If there are allegations that you spend all day on Facebook, I would assume their IT department could back that up? I would definitely keep trying to escape as it seems the relationship between you and your employer has broken down, but I wouldn't leave without any money you're owed....

hmmmmm, ok I completely agree. Agency workers have little concrete rights, which is why they are agency staff. However, my main argument, or point (not sure which it is) is that I didn't see myself as a temporary worker in the strictest sense. That is why I am unhappy. If I was an agency worker performing a menial task on an open ended contract, then I would not complain. It's all very open for debate.

Also, the agency paid my wages. I don't know how significant that is to my argument at this stage. It was weekly, but that doesn't prove I was a worker as many companies pay weekly and those members of staff are considered employees.

So, you were still entitled to one weeks notice? They gave me no notice after agreeing that I would be there at least 2 months and a permanent job will follow, subject to performance. No performance issues were raised with me, so the only conclusion I can come to is that they have changed their minds....breaking the contract they have (or didn't have with me. That is the point I am trying to get to) in the process. I am of the opinnion that the actions of a individual or organisation are equal to that of a contract, especially in my case, where I had no written, signed contract to cover the improved position. I may, as I think Elche suggested, be an employee to no one.... I'd still like to fight this if I can. Don't think the law is completely on my side, yet...that I think will change in the years to come.

Everyone should have an opinnion as there is no definitive yes or no answer on this. Yes you are correct, had I wished to end my contract earlier, I would be arguing the complete opposite to my current argument. However, I don't believe it is relevant here because what you are suggesting is a different situation. In that event I would be arguing with the agency that I don't need to give any notice, and they, or the client, would be arguing that I need to complete a handover. My whole argument is that I was considered a permanant employee until the client decided to end my contract. By permanent, my reasoning would be that I had my pass upgraded to the same as a permanent member of staff, I was allowed the same privelages as permanent members of staff. I was included on team meetings etc.

113 views and only 2 people have responded?? Is that 113 different people? In addition to my post, I just had a call from the employment agency and they hadn't even spoken to my friend who fired me by text, so they weren't even aware. It gets better....

Thanks for the further advice guys. Very helpful. One more thing, as the only written signed contract I have is for the initial lower paid administrative position, would it be a fair to assume that this contract would or should be declared null and void? I may be clutching at straws, but I'm expecting the agency to refer to the contract they provided me with. Anything I can use in my argument is better than nothing...

Thanks very much for the advice. Has anyone else any thoughts?

My advice would be to read the Sales of goods Act as it covers everything you need to know.