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Sidewinder

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Everything posted by Sidewinder

  1. The CCA might have got an application form with a signature on (which would hopefully look nothing like yours) - although it may well have been an online application. A CPR should have supplied all documents referred to in the Particulars Of Claim including Default Notice etc. How did the Claim Form end up with you? Presumably all paperwork would originally have gone to the address held on the account? Are the police investigating as any goods ordered would have gone to the account address so they should be able to establish who was living there at the time? I still say that thi
  2. Lowell/BWL will not be in the slightest bit interested in details such as the account being in a maiden name or a card being issued to a long-departed address. They want money - pure and simple and my guess is that this will not get near to a Court hearing once they realise that it will be a non-starter in front of a Judge Have you sent a CCA request and a CPR 31.14 request for the relevant paperwork? Probably also worth sending a SAR to Vanquis
  3. I can sympathise with the points you make up to a point, but none of those arguments have any legal standing. It is the same with the London Congestion Charge - there are ways and means of avoiding the penalties and whilst it may be inconvenient when some of them are unavailable, that doesn't render any resulting penalty unlawful. Why not set up a Dart account to avoid having to pay 'per journey'? I too agree that the charges were meant to have been creased when the crossing was paid for, but you and I can't do anything about the fact that they are still there. Same with the power to issu
  4. I think they key point here is the 'in a few months' bit rather than 'contract' I recall that we once used to use an an outside cleaning company, but the cleaner who used to do the work on their behalf was useless. We gave notice that we were taking the cleaning back 'in house' and soon came unstuck when it was established that TUPE did apply. The substantial role of the cleaner in question was to clean our premises and ours alone, and as the undertaking was transferring to another company - ours - she had to be transferred to us on her existing terms. We then had to take her through a le
  5. Agree with others - Do not trust Lowell - they issue many thousands of claims, and will almost certainly just get a Judgment in default rubber stamped without referring back to whether they have 'agreed' not to for a particular case As for a discount, defending the claim and allowing the process to continue would have established whether they had the paperwork required to take the case to Court anyway and even if they did you would have had an option to mediate where they would almost certainly have accepted a proposal to pay a reduced settlement. I understand how you feel - been there my
  6. To Whom It May Concern I am happy to confirm that I have known XXX for a period of XX years in the capacity of a work colleague. During this time I held the position of XXX at XXX and XXX was employed as XXX During the time that I worked with XXX I found him to be scrupulously honest, hardworking and diligent and can say that in my dealings with him I never believed XXX to be anything other than a competent and trusted colleague, willing to help others and who always gave of his best in the interests of the business I have no hesitation in confirming his character or ability in
  7. As per my previous you and in the light of the additional information, I suspect that you will be well advised to leave well alone if you value your job The CEO's daughter has anxiety issues. You have (you believe) been supporting her in this however you have been asked by a Manager to take a step back. I strongly suggest that you do so without being difficult. The request to leave alone could well have come from the CEO in person to the Manager to pass on at your One To One. There could quite easily be aspects to this situation that you are unaware of, as I said before. Being who th
  8. Yes - follow up with HR and ask for them to highlight any specific clause in your contract under which you may be required to not communicate or have a friendship with a particular colleague Otherwise can they please explain how they think any such request may be justifiable - ie are there any reasons which have not been explained as to why such a request is in anybody's interest? Be careful however - providing that there are reasons which you are unaware of (and even some which they are not at liberty to discuss due to privacy issues) you could be accused of 'failing to follow a rea
  9. As above - any letters will be addressed to you personally. They can be safely ignored. If you did not give your real address then you won't get the letters anyway nor will they try to trace you. The incident will not be reported to anybody else, but please don't be tempted to do this again - they would be fully entitled to let the police deal with it which would then get much more complicated
  10. Sadly have to echo everything above. One of the main dangers in starting a new employment is the fact that you only accrue certain rights after two years service - namely the right to take an employer to a Tribunal for Unfair Dismissal (other than where the dismissal is due to a protected characteristic - sex, race, religion etc) Unscrupulous employers, those looking to make cuts to costs, knowingly take on staff for short periods with no intention of permanency etc will often use this simply to reduce headcount. A probation has very little legal standing and merely gives an excuse to sai
  11. Agree with DX - could be the camera or could be the SD card - they do fail sometimes If you don't have a spare SD card then take both back to Asda and ask them to check which is faulty
  12. The reason that the employer and solicitor involved might be relevant is that some have a previous history which might help to indicate whether a particular defence is likely to be successful The advice on here to 'ignore, ignore and ignore again' applies to RLP and their demanding letters only, The advice is also to NOT ignore a Letter Before Claim or correspondence from genuine solicitors that might indicate that a Claim is being seriously considered As previously stated and in general terms a claim from an employer for employee theft can be very different from a potential claim a
  13. I would imagine that the credit limit was increased during the lifetime of the account Unusual for Lowell to actually have so much detail!
  14. And make sure that any letter sent locally is also copies to an appropriate department or person at their Head Office
  15. First question has to be 'how long have you been employed by this company'? That would have a major influence on what the employer could do with you for refusing to complete your deliveries. If the length of service is less than two years, the employer could use the flimsiest of reasons to just let you go Further questions would be around the precise nature and wording of the contract. What is 'reasonable' would depend on a number of factors - and the notice given that overtime may be required is certainly one of them. How often in the past have you done overtime when requested? How much
  16. Ultimately they could take action to recover the money, but you are certainly entitled to have full sight of any information needed to verify the amount owed. The title is a little misleading - have they already paid your final salary or was the overpayment a part of your final salary? I am assuming the latter The questions I suppose are whether you 1. Acknowledge that there was an overpayment, 2. agree with the amount. If so then negotiate an agreement to repay it by instalments that are affordable. The fact that the employer made a mistake is irrelevant If though you took suf
  17. Once set and agreed through the Court process the Claimant (including where this has changed over the years) cannot demand that you pay more. They can ask nicely, but equally you can refuse and stick to the Court Order! Regarding Charging Orders - probably better for others to answer but I believe that if the Judgment was obtained prior to 2012 they can only apply for a CO if you breach the payment agreement
  18. You are caught in an unfortunate position. In a fair redundancy process, it may well be that the cost of redundancy could be used to determine who stays, along with other criteria regarding your 'fit' to the alternative role It sounds as though you might be 'too' good at your job and 'too' expensive to make redundant! Sadly for you there is no automatic right to be made redundant voluntarily, and making your intention to leave anyway overly clear to the employer could see them saving on the cost of making you redundant by deliberately keeping you on
  19. It will probably say:- We are aware that you have sought help from an internet forum full of armchair lawyers and layabouts with no jobs to go to. Wouldn't be the first time!
  20. Can you please copy and paste the below with your responses? http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016
  21. Who has issued the claim? A DCA or the Original Creditor? If you are absolutely certain that no payment or written acknowledgement has been made in at least 6 years then file a Statute Barred defence. No point in paying where there is no need to and the creditor has had ample time to resolve the issue Tell us some more..
  22. Standard letter. You will get more, each with increasing threats of legal action, but that will never happen, nor can it ever affect your criminal record, credit status or ability to enter the country
  23. And I will consider showing my backside in Debenhams window. Doesn't mean I will do so. DWF cannot do anything more than recommend that their client takes Court action. Their client, unfortunately for them, does not take Court action in such circumstances Me flashing my arse in a department store window is far, far more likely!
  24. Fantastic - well done! Care to tell us more?
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