I can't advise Remus as I don't know however having read around it seems for me, at least, the order is a restriction not a charging order and so they can't force a sale - or at least that's what I'm hoping based upon the reading I've done

Moorcroft cant do anything. They dont buy debts and only act on behalf of someone else. 9 times out of 10, they only deal in lemon debts anyway.

 

Also, you ONLY pay what the court stated. If looyds want more, then theyd have to go back to court and explain. They cant be bothered, plus the debts inflated which is why they are getting moorcroft involved. Ignore moorcroft and deal with lloyds direct.

Thanks for that renegadeimp, so scare tactics, with no basis in law ;0(

Hi,

I too have received a letter from Lloyd s, saying they have transferred my debt to moorcroft,

mine is a charging order,

as I took Lloyd's to court as the default was issued incorrectly,

only giving me 7 days,

but they sent down a top lawyer,

and I ended up with £5000 in costs,

as the 'case was complicated and couldn't be dealt with by the bank solicitors'.

But I agreed a payment plan with the judge.

Like you, its now nearly 6 Years.

Im really concerned moorcroft will call it in, and I will lose my home.

I had thought as it had been dealt with in court Lloyd's would have to go to court to transfer etc, feel like we are being shafted.

Can Lloyd's do this???

For the record as it hasn't been mentioned, you don't pay your excess for a third party claim, only for repairs to your own vehicle.

 

Though a fault claim will sting when renewal comes around.

Thank you for this advice Orangest, as I have no idea how this all works, which is why i am getting stressed.

I am now aware, that it is my insurance that are contacting me about an alleged accident, and want the details. I assumed I would have to find the £400, if we went through the insurance.

Is that not the case.

Any advice appreciated, as i am so unsure how this works.

JoeyJoec,

yes I am a woman, and I was mortified at the time,

there was no actual witness,

but someone sat in the passenger seat and back,

the driver returned whilst I was looking to see what/if damage had been done.

As I said, I believed I had done no damage, there was a various scratches and marks all over the door,

and they pointed out the dent, after standing back and having to have a good look.

I did not mention earlier but the quote he bought to my home, was dated 2 days after he had told me the estimate,

and I asked him to get a quote from a garage I know, and he messaged me the quote which was £50 more.

I never received the second quote, and have been wondering what work, exactly he has been asking to be quoted on,

i called in and asked for a copy, and reading it, it included repair to the drivers door as well.

I then spoke to the person who dealt with it, and he said, there was a few bits of damage,

but they had asked to be quoted for a dent and scratches.

As I said, no exchange of paint, I saw no damage.

theberengersniper, I sent pictures to the 'dent repair man', who was confident that he could do the job, and comes highly recommended.

They would not have to respray the door!

Yes they are petty, and the quote is to too take the dent out and prime, match the paint work, (a different garage quoted similar)so they would get a nice new door and I would have to find £400 to pay for it. The one I have asked them to use will take the dent out as if nothing had happened, but they are refusing to use them.

Is it 3 quotes?

Hi,

unfortunately my car door got caught by the wind and glanced off the car parked next to me (B&Q car park)

At first look I could see no damage, and there was no paint exchanged, but the owner pointed out a 2 inch dent, when you stood back and looked from an angle.

I asked if we could sort this, as my excess is £400, and it was agreed, I gave my address and mob number, and took some pictures. They got a quote for £350 + VAT from a garage, I asked for the details to be sent, and they turned up at my home with the quote.

When i said it did not seem to equate to the damage done, they said we could go through the insurance.

I found a company that would do the the work for £85 + VAT, messaged the details across, (not the cost) and they have said they are not prepared to do that and would be going to their insurers.

Have now received a letter, from I assume their insurance company, stating they understand I was involved in an accident and can i call to confirm what happened and who was involved and they would be happy to take the details, and complete an accident report form for me.

This is really stressing me out, as I keep expecting him to turn up at my home, and I have offered to sort it.

Should I ring my insurers?

Help please!!

Excellent result! Well done for sticking up for yourself.

thanks Steampowered, couldn't have done it without your help:madgrin:

Hopefully this will help others in a similar situation....

Hi all, update, they have dropped the claim! Of course it's not because of my defense.

Thanks all for the help, much appreciated

the debt collectors letter CCI legal, dated 26/12/2012 (their keen, boxing day) states notice of intended legal proceedings.

the above letter is on the poc, 6, document 3, Must be the lba

just noticed, letter from ccilegal dated 4/1/13 threatening field agent, listing assests etc etc,

can they use the earlier letter as the lba? but still carry on with threats???

Good point becky, going through paper work now to see if they have said "letter before action", thank you.

This is outrageous conduct. As this is the NHS perhaps worth booking to see your MP at one of his surgeries? Any help from the union? This sounds like a classic case of estoppel (try a google search) and I think should be defended accordingly.

 

Also check what your contract says about holiday pay, if the contract is unclear or if the contract does provide for holiday pay then this should go in the defence. paid leave- You are not entitled to any contractual leave. However you will be entitled to paid leave subject to the provisions of the Working Time Regulations 1998. Payment in respect of this will be made by a supplement of 4/48 (8.3%) of your monthly pay and will be identified separately on each pay advice you receive. You will not be entitled to any further payment in respect of this leave entitlement.

 

Draft defence:

 

1. Paragraph 1 of the Particulars of Claim is admitted.

2. Paragraph 2 of the Particulars of Claim is admitted, save that the Defendant is still employed as a [job title] by [employer].

3. The Claimant has no provided no details, explanation or calculations of the alleged overpayments despite repeated requests by the Defendant. I did receive a yearly breakdown and notice on that that they refunded 1000, (assume that would be the tax I paid) states-Employer WTD paid twice in error from September 2007 until February 2011. Nor are these details provided in the Particulars of Claim. Exactly, only an invoice attached with the full amount stated and -recovery of salary overpayment dates..The Defendant was entitled to a salary of [x] plus holiday pay under his contract of employment. nursing bank, holiday pay is a percentage In the circumstances it is denied that there was any overpayment.

4. Alternatively, even if there was an overpayment, the Claimant is now estopped from recovering it. The alleged overpayments were made by the Claimant over a period of three and a half years from [date] to [February 2011]. Any overpayments were entirely the fault of Claimant and there was no reason why the Defendant should have been aware of any overpayment. As a major employer, if there were any overpayments the Claimant was grossly negligent in allowing them to continue over a period of three and a half years. At all times the Defendant acted in good faith and, without notice of the Claimant's claim, changed his position by spending his wages in reliance on the Claimant's conduct. brilliant! The Defendant's financial situation has worsened as the Claimant has reduced the Defendant's hours to 13 per week. It would be grossly inequitable to require the Defendant to repay such alleged overpayments at this stage (Vaught v Tel Sell UK Ltd [2005] EWHC 2404 (QB)). will read through this..

5. Paragraph 4 of the Particulars of Claim is denied. In May 2011 the Defendant received an invoice of [£....] which stated that it related to overpayment of holiday( just salary) pay. There was no covering letter and no explanation of the alleged overpayment. The Claimant asked for an explanation in May 2011 but no explanation was provided. I contacted HR, and received a full breakdown from them, (just noticed the WTD was paid @11.59& that's not twice as much!) Even in the Particulars of Claim, the Claimant still has not provided an adequate explanation and has made no attempt to comply with the Practice Direction on Pre-Action Conduct. Exactly!

6. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Thank you so much steampowered, you have made me dig out my paperwork, and see how they are being quite evasive.

I have also found a letter about bank workers being taken on contract if they have worked in the same position for more than a year, and can say yes to 8 questions, and I answer yes to all of them, and I am at the moment in negotiations with HR, as the department I have been working in for the past 5 years has just given me 4 weeks notice.

Heyho!

sorry bit of a mare with this,

POC

1. The claimant is engaged in business as a medical services provider.

2. The defendant was formerly employed by the claimant as a nursing auxillary.

still am

3. From 1/9/2007 to 28/2/2011 the defendant was overpaid the sum of 2000 net salary

salary? I have found out that it was actually to do with WTD holiday pay, % of wages

4. The defendant was made aware of the overpayment at which time by cover of its letter dated may 2011

never received a letter, only the invoice, and I rang to find out what it was all about.

Can anyone help me with my response please?

I'm quite happy to take this all the way, as I had no idea I was being overpaid as it was from day one of my employment, and I can only assume someone inputted the incorrect percentage. Also, I have only found out exactly what WTD is because of this. I also changed my circumstances, as I had a loan in 2009, to buy a computor.

any help gratefully received. just reading Teaboy2 post 10, think that will form part of my response, not sure if I am in a position to make a counterclaim?

They say its net salary, but on the wage slip, its in the same column as basic pay, surely that's taxable???

Morning all, and a Happy Easter,

Well, I have received a claim from the NHS.

don't think that's right!

thank you for that sidewinder, my thoughts too, I was going to send a copy of the DCAs latest letter along with my missive as yes, I am feeling very threatened, but I took Lloyds TSB to court, I may have lost, but I put up a damn good fight ;0)

thank you for your reply assisted blonde,

Yes, I thought I was just dealing with the DC, and they want me to ring, (no way,everything in writing).

I think I need to do teaboy's suggestion and contact HR and see what they have to say.

teaboy, my apologies for not responding to your post, I do not know why I didn't do as you suggested at the time, as I agree with everything you have put there. Head in sand me thinks!

Hi all, was hoping the NHS would issue a court summons! instead they have passed me to a debt collector.

Now if they are entitled to take the money back (I have not agreed to any amount, as I know there is no way I would have known I was being overpaid) why have they sent me to a debt collectors?

I have explained to the debt collectors about the 'over payment' via email, and as they say they are in contact with their client and are recommending legal action, I responded with so be it.

Now the threats are starting with

1 an agent will call round to request payment

2 location, valuation, removal of assets

3 service of legal proceedings

4 conduct investigation into your current financial and trading status.

Am I just dealing with debt collectors now?

Can I issue a summons against them re the over payment?

Not sure of my forward, anyone any suggestions, moral support etc...... help!

Heres some info:- http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

rebel, thank you for the link,

but, this page is coming up 'no longer available'.

Hello,

would someone be able to give me some help on the wording of the POC to get me started? or point me in the right direction to find the information, I have been looking around, but nothing fits!

thank you rebel

Hi Jodyperry.

Sorry no I'm still trying to sort it. Yesterday I was trying to get advice from the law centre, who can't help but suggested a local solicitor, who no longer deals with it, but knows a man who can etc!

Just need to get the wording right so that they can't get away on a technicality, these are heartless people with no morals.

Anyone know how to word the poc?

Just had a phone call from Marlin]07739325883 mobile number?

thank you for your responses.

The car was left in the road, in front of the forecourt, at the time when they tried to talk to the gentleman, as she was to worried to drive it. It recently had to be moved (eventually) off road as the tax is about to run out.

Spares and repairs were not mentioned in any adverts or conversation with the garage owner, mot was received, attempt to put right the faults were made (how can you repair a car that you have stated is passed repair?!), as I said my daughter would never have swapped a perfectly good car for a non runner, and she feels he added the 'spares and repairs' after the paper work had been done.

Sorting the court paperwork at the moment.