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hi empowered, is the access classic reserve a bank account or loan?

Ive had the same letter as you and following dpicks thread on his saga with jd williams(simply be, oxendales etc) I have sent them a breakdown of all charges and interest they have taken and have asked for it back. They have until monday or I will be using dpicks poc's. (hope you dont mind dpick)

Hi, I thought I would mention that if you write down "without prejudice" on your dispute letter then they can claim they never recieved it as you cant produce it in court. Also you can only use "without prejudice" in an established dispute (after you have disputed) and not the dispute itself.

Anyone is free to take independant advice at any time for any reason, but it is upto them to seek that. It's not upto others to provide it. As godpikachu said, you sort the advice of a union rep and they gave it. I can't see any reason why they would have not gave the best advice available at the time.

hi letterman, nice defence , dont forget to add on that the poc's dont include travel expences (coach) but are included in the amount claimed. Also might be best to number the paragraphs so they can be found by all easily when discussing them on here (and in court if it ever gets that far).

Hi letterman, here is a start to a defence which could be improved if we pick at it or add to it. Its a start but there are still things need to be added. The one below is based on if they dont respond to your cpr letter in time. Defence Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written terms and conditions referred to, the method the claimant calculated any outstanding sums due or any other matters necessary to substantiate the claimant’s claim. b)A copy of the purported written terms and conditions that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c)A copy of any evidence or proof of any amount outstanding on the alleged amounts, has not been served attached to the claim form. 4.Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet. 5.Further to the case, in an attempt to ascertain what grounds the claimant is bringing this action and to allow me to prepare my defence I requested on xx/xx/2009 the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the xxxxx referred to in the particulars of claim and (other info you requested under cpr). Also any other documents the Claimant seeks to rely on. 6.To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested. All I have received in relation to my request is a letter from the claimant stating I am placing an unfair burden on the claimant by requesting the disclosure of the said documents. 7.It is denied, as suggested in point 6 that it is an unfair burden being placed upon the claimant with regards to my request for disclosure and the courts attention is drawn to the fact the claimant has failed to comply with CPR part 16 and Practice Direction 16 in-so- far as they have failed to attach the written terms and conditions and contract they are basing this action on to the particulars of claim as required by the civil procedure rules. Therefore I believe that I am entitled to ask the claimant to supply me the requested documents 8.Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant. 9.In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16 and Practice Direction 16. 10.Alternatively if the court decides not to strike out the claimants case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules 11.I respectfully ask the permission of the court to amend this defence when the claimant provides full disclosure of the requested documents

I have to say I don't really see what your collegues have done wrong. It seems you are more worked up about a christmas party which you were afterall invited to tho they didnt have to. You sent an email about a personal thing to 30 employees of a client. I understand that you feel/felt excluded but to be honest you have made that much worse by emailing the employees directly. If the email wasn't abusive etc then the email itself shouldn't b a problem however you still need to work with the staff and probably will be the most difficult thing.

Hi letterman, hope you had a good new year. Im out tonight but will start looking at a draft tomorrow (im not that good but all hands to the pump so to speak). So if any one else has some input on a defence would be good. I was reading today about training costs being recovered only if the training would benefit the individual or their next rival employer (like carphone warehouse) etc. When does your defence have to be in by? Have the company included documentry evidence to support their claim? ie receipts, breakdown of costs Also have alook at the "similar threads" at the very bottom of the page, it might help

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I think old poor ron bidwell's company has gone into administration, and he hasnt posted since on c today I wonder if he will be on the receiving end of dca's from now on

When entering your defence you will included that they havent complied with your cpr request. Dont forget to enter your defence within 28 days of the issue of the claim. Have a look around here http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/ . They relate to credit agreements mainly but it will give you an idea on how to present/format your defence and give you a few pointers.

hi cilla, your answer has thrown me abit as I wasn't expecting you to be on benefits but sick pay (ssp) until your dismissal. Im not sure if I'm the right person for this but I'll ask some more Questions so there is more info for those that will come along. 1) When was the last time you worked for your employer? 2) Did you ever receive ssp? 3) When did you start(roughly) receiving benefits (i presume incap or dla)? and was this when ssp ran out? From what I can gather has happenned is that your were employed then you went on sick then when it ran out you claimed benefits, does this sum it up? If it isnt try and explain, we will sort it

Hi, were you weekly paid? also what date was the dismissal? and finally when did you receive your last payment and what period did that cover?

Sounds good , dont forget to send recorded:D

What your best off doing is using the "not contractually obliged" as a main defence and then state if the court finds that he is obliged then you are disputing the amounts claimed for reasons 1)xxx , 2)xxxx 3)xxx and you hold the claimant to strict proof on the amounts claimed.

I would go with "son has no contractual obligation to repay any monies incurred by the company for training." As there is no mention of recovering training costs in the contract or conditions even if dismissed. If the cost of the coach is £200 then he would only be responsible for 1/35 of it as there were 34 other people using it. I don't beleive they can claim for the HR travel costs to attend a discplinary.(i will have a check on that) esp. as there would have been a manager in the store capable of doing it. If they choose to do it that way then they must bear the cost of the travel expenses . Also normal declarations state something along the lines of " I understand that if I knowingly provide false or withhold material information in support of my application I may be dismissed from any post gained as a result.". He didnt knowingly provide false info so they will have to prove (if he signed a similar declaration) that he knowingly did.

yes it looks like the company are trying to claim the training costs as pecuniary loss. However they state in their POC that the conditions of employment allows for them to recover due to false declarations but I dont see any wording to that effect in the conditions of employment in paragragh 16. As far as I can see and read, if an employer wants to recoup training costs then there should be a seperate agreement signed before the start of training setting out the conditions if it ever becomes repayable. ie if the employee is dismissed or leaves within 12 months. As they don't specify the conditions when they can recover the training costs then who is to say that 3 months service isn't an acceptable length of service. According to their thinking they could try and recover costs if he had been there 20 years under pecuniary loss which is rediculous. Just out of interest, how long in days was his training? Your son can claim for litigant in person but I don't think you can (unless you are a qualified legal expert). The LIB amount i think is £9.30 per hour (normally around 10 hours research). In your letter to them make sure you get an exact breakdown of costs for the training as they haven't provided that in the poc. Tell them that £xx for travel costs is not sufficient, you want the number of miles travelled, what the cost of each mile they claim to be, was the vehicle shared and the cost shared, who drove, would the vehicle have still been used if your son hadnt gone on the course, was the vehicle full etc and do the same with the overnight stays Also make sure if you haven't already, get a copy of the disciplinary notes which should have been taken during the discipline as they may indicate if they accepted that the declaration was made in good faith and not as they later decribed as deception in this letter http://i413.photobucket.com/albums/pp214/letterman_bucket/p4ureply_Pagered2.jpg Also can you type up the conditions that allow them to withold commissions he earned as if they are wrong you can counter claim this also plus interest.

Pecuniary loss is the damage that is capable of being directly calculated in money terms. The commonest example is loss of earnings, both actual and future, but it includes all other expenses attributable to the tort, such as medical expenses, travelling expenses, the cost of special equipment or of employing someone to carry out domestic duties which the claimant is no longer able to perform, or loss of pension rights.

To request docs from employer (alter to suit): In the XXXXXXX County Court xxxxx V xxxxx Claim Number: xxxxx Dear Sir / Madam REQUEST FOR INFORMATION UNDER PART 18 CPR I have received a recent court claim from your organisation. Your particulars of claim are very vague and in addition you do not disclose the contract upon which this claim is being based. In order to file a defence and any counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an application will be made for an Order enforcing your compliance under the provisions of the CPR If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well 1. XXXXXXXXXXXXXX 2. XXXXXXXXXXXXXX 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours faithfully

what court were the papers filed? if it was mcol (northampton) then you can acknowledge online (it will give you a link and password to do that) if not you would have received a form with the claim for you to acknowledge and there will be a box to tick on it which to defend the case in full. get that in and you can start requesting docs under the cpr rules

Hi, i can't offer much advice but your local cab may well have a free legal advice solicitor available for 30 mins. Contact them, as if you have started the ET process you will most likely require help.

why cant the store re fax copies?

Paragrapth 16 does not mention training cost at all, unless im blind. If they are relying on paragraph 16 then they dont have a case. As your son worked there for 3 months then the training was useful to them and therefore there was no pecuniary costs as they dont specify a length of time they consider the trainig costs obsolved. As for contacting the poilce, they might but they know that the declaration was made in good faith(which declarations are always made) and they(employer) accept it as it was made that way(tho your son has no proof) but the police are not stupid. It is a phone shop where no theft etc has taken place and once explained to them (if it ever came to that) they probably would let it go. Let us know once you have acknowledged the claim (if its real)

The particulars of claim are not court papers, have you actually recieved court papers from the court?