Jump to content

Showing results for tags 'case'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hi hope someone can help as I have a big problem going on with my employer (possibly former employer very soon). I was dismissed from my workplace of almost 3 years yesterday at a disciplinary hearing. To give you an idea of the entire story I will list the events as they happened. Employed for 3 years and have never missed a single shift. There are few people more flexible in accepting short term changes to rotas and I was promoted to a more challenging role last year after being asked to apply based on my performance over the previous two years. It all started when I was caught red handed with my mobile phone in the workplace which is a complete no no and received a verbal warning. I was completely in the wrong and fully accepted my punishment. One problem which arose was the fact that the warning was issued by a supervisor while the manager was on holiday and the punishment should have been in the managers eyes a written warning but nothing she could do as the process was complete by the time he returned. About 2 months later I was reported by the H&S official for driving a forklift with an out of date safety check ticket. I was sent home and returned for a hearing the next morning. They were determined to throw the book at me however I managed to clearly prove I had done the checks on the day and simply dated the signature incorrectly. I dated it wrongly for the previous day, a day which I was not on shift. I was told no further action would be taken and there was no case to answer. It was a simple administrative error on my part. Around 1 month ago I was called to the managers office and asked for my version of events regarding stepping off a moving forklift (stand on type). The forklift is fitted with a dead man brake and would continue no more than 1 foot forward given the speed it was allegedly travelling at. This was allegedly witnessed by the same H&S official who claimed when he confronted me I replied with a tirade of abuse and basicly told him to F Off. I was not in the stated area on a forlift at any time within hours of the alleged incident and there were no witnesses to either the incident or the alleged communication between myself and the H&S official. My defence was simple and straightforward. It was not me, I was not there and I know nothing of the whole thing. I was instantly suspended pending the investigation and when it came to the hearing I was told there were 8 individuals who saw me on a truck at some point. The vast majority of these did not want to sign any statement. I was given a final written warning despite my protest. I had the right of appeal but I was strongly warned against it by the union official and other trusted colleagues as the punishment could increase and see me dismissed. I reluctantly took their advise and vowed to keep my nose clean and get the head down. One point I complained about throughout the hearing was bringing up the forklift ticket incident where I had already proved and had it accepted being presented at the hearing. I told them this should not be part of the hearing but it made no difference. Last week I was sat on a forklift waiting to use an item of machinery. I was travelling at less than 2 mph when I made a two handed gesture to my colleague encouraging him to hurry up as I was under pressure to maintain supply to a machine. This two handed gesture was witnessed by a shift supervisor who pulled me up at the time for driving all be it at this crawl of a speed with no danger of striking anything without at least one hand on the steering wheel. He assured me it was just a verbal warning between him and me and would go no further. I was pulled in later that day and suspended on the back of the incident. My hearing was yesterday and once again the forklift ticket incident was brought into the proceedings and again I stated it should not have been. I was told again that I was in breach of H&S and the outcome was dismissal. I still have an appeal process to go though but I feel as if I am very much being victimised here. If the appeal fails can anyone see any grounds for taking this through a tribunal. The alleged incident with the H&S which resulted in the final written warning had no witnesses and was a simple case of my word against theirs. Any help would be great as it feels like my world is falling apart.
  2. Hi. I'm currently undergoing a disciplinary procedure with my place of work. It all stemmed from a manager monitoring a phone call to my husband and going from there, I have been investigated and my place of work have now sent me a disciplinary invitation advising that I have been investigated for gross misconduct. It all started when in the phone call, I said to my husband that I had told work a doctors apt was an hour earlier than the apt was - reason for the doctors appointment was that I was 2 weeks pregnant and wanted to get the ball rolling with the midwives etc. From this my place of work have now conducted the investigation and said that I have been falsifying my time sheets and basically stealing 'time' and finishing early. (- There have been lots of occasions where both mine and colleagues timesheets have been 'lost' and overtime was not paid or holidays not deducted) Other than the doctors apt I have been given auth from a manager to finish early etc. I have also not had a direct line manager since I told work I was pregnant. The investigation has gone as far back as March. As you may imagine at this moment I am petrified - My record at work is impeccable - no other warning, no sick (apart from a miscarriage I suffered late last year - though I believe that the time taken sick does not go on my record as it is maternity related) and I have been there for 11 years and I have done the same job all the way through these years so I am one of the best at what I do on my department. I personally believe that the company has done this since they found out I was pregnant. Please advise Many Thanks in advance Lisa
  3. Hi There people First a bit of background I used to run my own business and as is the norm I have taken people to County Court to recover money on unpaid Invoices etc. Now onto the meat. I have a Case Management Conference ( C.M.C ) coming up on the 18th June and in all my dealings with County Court Claims I have never had a "C.M.C " before. From my research I believe it is to determine how the case will progress. I have already setup a three way conference call with a Court recognised telephone provider My questions are as follows; I have issued a claim against two people, but the C.M.C is for one defendant, but both have submitted a defence and both are represented by the same brief. What will the Judge ask initally ? As I do not want to give to much away at this stage of the C.M.C.what should I say and what should I not say ? I intend to use a precedent, do I use it at this stage of the C.M.C or when I get to Court ? Any help would be sincerley appreciated
  4. hello sir i would appreciate if you reply to this thread, i infact had an accident in february on motorbike, it was my first accident, didnt know anything about solicitors or sumat, i contacted a solicitor and gave him my case, but later on some of my friends told me he is dodgy and always rip the customers, from february to this date he didnt inform me of any progress, today i called him and he said your case has been rejected, and your case handler will call you tomorrow, i dont trust him, and i am thinking to ask him to send me in written on solicitor's letterhead that my case has been rejected, can someone help me what shall i do? my accident was with an illegal Romanian on car, i was on motorbike, and he was driving without any insurance or without any license, police caught him on the spot and sent to court straight away, and i was badly injured even police woman said to me you will get compensation and dont need to worry about, then how can the solicitor say the claim has been rejected? i would be thankful for any replies, thanks
  5. Hi all, I have been lurking on this forum for a while and read some excellent advice however my situation seems unusual and has been troubling me for months, It’s a bit of a long one. I began working for a company in Sept 2012 after a pretty rigorous recruitment process and was offered a permanent part time position subject to a usual 6 month probation period. All seemed to be going well, I got on with my department, involved myself with planning and running extra activities and had a positive appraisal meeting in Dec where my line manager asked me if I would take on more hours. I agreed and In Jan 2013 my hours were increased to full time . However I discovered I was pregnant over Christmas and perhaps foolishly decided to tell my line manager before my probation ended as he was pressuring me to commit to projects later in the year that I would not be able to do. I felt confident doing this as I had no reason to believe my performance was ever in doubt. The attitude of my line manager changed immediately, he questioned me there and then about whether I would take maternity leave, how long for, would I definitely return etc and how this would make his life very difficult later in the year. Just over a week later I was called into a meeting with the manager and told I had ‘failed’ my probation due to concerns about my performance and how I didn’t seem to ‘fit in’. I could have been given my months notice there and then but they asked me to stay on in the same capacity for a further 5 months which seems at odds with their ‘concerns’. The manager denied knowing I was pregnant. I realize that I could have been got rid of with no warning at any time during my first 2 years but am convinced I am only being ‘let go’ because my pregnancy would cause problems and hassle for my line manager who was the source of the apparent concerns about me and the end of the probation period gave them the excuse to do it. I wish now I had made more fuss at the time the decision was made (early feb) but was shocked and scared about stress created if I complained (my line manager can be quite aggressive when challenged) and wanted to secure my SMP which would be paid if I stayed on . Management also tried to placate me by saying they would give me a reference if I basically melted away. However the longer it has gone on the more aggrieved I feel about my treatment and the fact I will have the stress of having to find a new similarly paid job in a difficult area with a young baby. Basically do I have a case for unfair dismissal due to sex discrimination. Thanks for any advice.
  6. Hi All, first time poster here, but I have been reading the forum for hours on end! I recently started considering a mortgage, bla-bla-bla, and looked up my credit file to find a Natwest overdraft default. In September 2012, I received a letter from Wescot asking to pay the full amount. I called and arranged payment plan to repay over 12 months. I made two payments on 14/09 and 15/10. The CRA then say that the account was defaulted (I received 0 correspondence from Natwest since Wescot) on 30/10/2012, 6 weeks after a repayment plan was arranged. Is this an illegitimate default? And if so, how do you recommend I proceed?
  7. Hi, I wonder if anyone might be able to shed a little light on a situation for me, my Solicitor isn't contactable until Tuesday and it's really bugging me! I had an accident at work back in August 2010, the company I work for has always denied liability and (I think) we'll be going to court in July. Anyway, after the accident they took statements from those who were working with me, none witnessed the actual event (all pretty basic) and submitted them to my Solicitor. Anyhow, I received in the post yesterday statements that they had re-taken from all parties (three years later) and they are full to the brim of personal comment, hearsay and all replicate each other pretty much word for word in order to paint me in a poor light. Can they do this? Change these statements so radically after all this time and be so blatant with hearsay and cut & paste? I was shaking with anger, I still have to work with these people (due back off mat leave soon) but now feel that I can't go back, some of what has been alleged is so insulting.
  8. Paypal have been closing and freezing accounts in the UK and EU citing US laws and regulations which it is trying to impose here in the UK and EU. This I believe is illegal. I have located what I believe are two pieces of legislation to back this up: THE PROTECTION OF TRADING INTERESTS ACT Link: http://www.law.stetson.edu/lawreview/media/u-s-secondary-sanctions-the-u-k-and-e-u-response.pdf and the following EU legislation: Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom Link: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996R2271:EN:HTML My question is can I use both pieces of legislation in making a claim against Paypal for the closure of an account in the UK when no UK law has been broken in the use of the account? This being in a small claims action for damages caused by such a closure and asking for the reinstatement with no penalties of the account closed? Also does anyone know of any other legislation that can be used in regard to unfair business practice in what Paypal are doing in trying to enforce foreign law in the UK where such law has IMHO no jurisdiction? All comments and input are welcome whether positive or negative.
  9. Hello, Firstly, I am a regular poster on the forums here but feel the need to use an alt account for this post. A debt collector has issued a county court claim against me for the amount of ~£2,500. And I don't agree with the full claim. Please hear me through In late 2009, I left my job to start a business. My old employers, "Company X", accidentally continued to pay me for 3 months, totalling ~£3,600. A few months later they wrote to me to obviously ask for the amount back. By this point, I'd spent the money. I had so much coming in and out of my account at the time that I didn't notice. Terrible organisation, I know, and not a mistake I would make today! So I offered to pay a nominal £20 back per month until I could afford to pay more, to which Company X agreed. That was fine, and then in October 2012 I agreed to up it to £300 per month over 10 months to clear the remaining £3,000. Note that they also stated the usual blurb of "if you don't keep up payments, you will be liable additional costs" etc. All fine. I paid the first 3 payments, but then missed the next 3. Totally my mistake - I had removed my calendar entry telling me to pay it. Company X then instructed a solicitor / debt collector to sort it out. A few weeks ago the Solicitor wrote to me advising that my account is in arrears, and that if I do not pay the outstanding £900 within 7 days they may issue court proceedings. 13 days later, they did so, for the outstanding balance, plus 8% interest dating back to 2009, plus court and legal fees, totalling £2,500. At this point, you're probably wondering what I have to complain about. Here's what it comes down to: Company X at no time informed me that I had missed payments. The first contact I received, having kept up with the new payment schedule, was from the Solicitor, with only 7 days to act. I was working away from home for two weeks which spanned the entire period between the Solicitor's letter and the court claim. In other words, I didn't see it until the court claim was already issued. Both Company X and the Solicitor had my email address (and possibly my telephone number), but made no attempt to contact my through those channels, which I would have been able to respond immediately to. As I said above, I was away when the Solicitor's letter was sent. When I opened it (which was 13 days after its date), I paid the £900 immediately. The very next day I was opening the letter of the court claim! Then, I paid the remaining £900. I told the Solicitor this but they basically ignored it entirely and want the remaining £700 interest and fees. I think their lack of effort to contact me and go straight to a court claim is ridiculous. I'm tempted to pay the £700 fees, because I'm buying my first house this year and simply can't have a CCJ registered against me. Do I have a case to not pay? Thanks a lot in advance
  10. Hi, I need some advice. I arranged for myhermes to deliver a parcel to a buyer who purchased from me on ebay. After nearly two weeks of the tracking information being all messed up (attempted delivery,returned to depot etc repetitively) I sent them an email a few days ago to express my disappointment and SHOCKINGLY received this response: "Good afternoon Thank you for your email. Unfortunately we are unable to deliver your parcel to the address given we have spoken to the courier and the courier states it is a travellers site and has incurred various incidents when delivering previously. This parcel will now be sent back to you please allow a few days for delivery. Apologises for the inconvenience caused. Kind Regards xxxx xxxxxx MyHermes Support advisor Hermes Parcelnet Limited. Registered in England & Wales No. 3900782. Registered office: Capitol House. This email (which includes any files/attachments transmitted with it) is confidential and is intended solely for those of the author and do not necessarily represent those of Hermes Parcelnet Ltd. Do i have a case for discrimination? The buyer/site recieved normal royal mail etc and just feel this is terrible. After the email stated they are refusing to deliver, the buyer then informed me that they delivered it this evening (obviously, realising that i may possibly raise an issue/case about this!) Where do i stand?
  11. http://www.debtrecoveryplus.co.uk/news/detail.php?Our-client-Napier-Parking-wins-in-Court-15 http://www.debtrecoveryplus.co.uk/cms/uploads/judgement.pdf anyone know anything about this one? It was about a year ago, but just re-surfaced on a different forum.
  12. Dear all, thank you for the very helpful information I have been getting on here. I was served with an SD by the lowlifes (lowell) end of January 2013. I quickly requested for a CCA under CCA 1974. I applied for a set-side and a hearing was scheduled for today, I attended the hearing their representative came with nothing and asked for an adjournment to which the DJ agreed. I used the template on here to challenge the SD in my witness statement. Till today they have not sent a single piece of document that I asked for in the CCA request. In his application for adjournment the DJ asked him to be clear why he wanted an adjournment, he did not have a clue why he was asking for it. Nevertheless the DJ granted it but she made a Court order ordering them to produce all the information I asked for in the CCA and evidence that they served the Notice of Assignment onto me. Now, I am new to these sort of things, do I have to do another Witness Statement? or wait for directions from the court?
  13. Hiya, Bit of advice needed, I have a CCJ against me for £5000 that is currently outstanding. Originally I was hoping to have this paid by the end of Feb - awaiting for a compensation payment to come in which would cover it - but that has come in late so looking like the end of April would be the earliest. There are two things I need advise on - Firstly is there an official form I need to fill in to propose the above repayment Secondly- Its a strange one but the debt is a personal money owed to someone, I have requested a number of times in writing but they keep sending emails/ calling my dad regarding this saying it needs sorting today or baliffs are coming to visit me etc, are they allowed to do this? It has nothing at all to do with my dad Many thanks for any help given
  14. Hello there, I'm hoping that someone can advise, or has maybe been in my situation. I was made redundant whilst I was preganant and took the company that I worked for to tribunal in August 2012. The case was due to be heard next month, but my solicitor has recently advised me that the main witnesses of the company have gone off work long term sick. This is following me submitting all of my evidence, which is quite strong evidence, a few weeks ago. They intend to ask the tribunal for a postponement on this basis, which I have agreed to so it doesn't prejudice my case. So it;s now down to a judge to decide whether they are granted a postponement. But my question is, how many times can they do this? I feel that they're being crafty because I've got good evidence. I've left the company over 9 months now..
  15. Hi I am new to the site and just wanted some advice. I had a 3 mobile contract which I ended 3 years ago at the end of an 18 month contract. I ended it by calling up and telling them that I was leaving and the reason was that their service was poor due to poor signal and problems with voicemails. I then cancelled my direct debit and thought nothing of it but I have since found out that I have a default for £82 which lowell have taken over and I have since paid in full. I emailed 3 complaints and have had many conversations with them but they will not remove the default. They are saying that the default is a true reflection of the account and that it was not logged that I ever called up complaining. I disputed this and asked for all itemized bills over the duration of the contract which I have since received. After looking over them I have found 2 calls made to them to make a card payment but nothing to 3 customer services although I could have called from a landline but I don't recall. My point is that I had spoke to them but I don't think they logged the calls which is their mistake. They say that they have no logged calls from me but I can prove I have rang up on 2 occasions and that they never logged the calls which highlights that they can make mistakes. I also do not remember getting a default notice from them as at the time I was working away and the letters may not have been passed on to me by my mother. The default that is on my account is now 3 years old and I would really like it removed. "Deep Breath" After looking through all the numerous bills I have noticed another massive mistake on their part, they have sent me some other persons phone bill with all their details on as well as all the persons call logs etc which I find very naughty. So the question is with the above information do I stand a chance of getting this thing removed ?
  16. Hi, My house insurance with Santander auto-renewed in September 2011. Being new to house owning, I didn't realise this could happen and took out a policy with Deeside/Aim for the same period. As it was paid by instalments, and a very busy year, I didn't notice I became aware of this when the renewal came around and contacted Santander. They said "we call this a dual insurance and will honour a 50% refund", They asked for Deeside's schedule and then refunded me 50%. I contacted Deeside, who asked for Santander's schedule and seemed to be going along with the situation. Since then they have been "palming me off". Are they obliged to give me a refund? Thanks for any help.
  17. Hi, this is my first time on a forum so apologies in advance for the length of this posting. We owned a 1934 classic car and in October 2011 it was being transported to a venue by a reputable carrier in whose tow vehicle my husband was a passenger. Unfortunately the car was totally destroyed when the carrier's driver lost control and both vehicles somersaulted across three lanes of the motorway. The carrier accepted liability and, as we had legal cover and it seemed a straightforward case, our insurers passed us onto Minster Law to handle the claim. Problems arose very soon after the claim was initiated. A friend, who is by co-incidence the head of a legal department with another insurance company, told us to claim as cargo, but Minster insisted the claim be handled as a RTA, even though our car was actually being transported by a third party. Months went by until eventually, the TP's insurers offered a ridiculously low sum in settlement, despite them having a certified receipt for the vehicle. (Anyone with any knowledge of classic cars would know that values actually increase with age, plus ours had been maintained in top condition.) They then deducted a high amount for salvage based on the assumption that because it was a specialist car we could disassemble it ourselves and sell it for parts!!! Minster suggested another option so we declined the offer and were told that court papers were being prepared - indeed they sent us a copy of the official notification. Still matters dragged on. We had to frequently chase for updates and answers to questions, some of which were totally ignored. We were worried because our car was being stored at a specialist garage and charges were growing daily. Getting desperate, we asked for copies of letters relating to our case. They were promised several times but nothing ever materialized. Then, in September 2012 we were informed, out of the blue, that Minster had received a cheque from the TP's insurers. Since we were under the illusion that court proceedings were pending, we were aghast that they had accepted this. When we queried it, we received a curt letter, which basically said 'like it or lump it'. The handler claimed it was an interim payment, that she had advised us previously to accept the offer (she hadn't) and we went against her advice. She intimated that our car was not worth the money we'd paid for it. She also told us we are now liable for storage charges from the date of the cheque. No further mention was made of court action. We reluctantly accepted the payment on the basis that we could still dispute the valuation but my husband phoned our insurers to report our unhappiness with the way things had progressed and also contacted the Complaints department at Minster Law. The claims handler suddenly went on long-term sick leave and the case was transferred to someone else. Despite this, the position remains unchanged. Minster refused to fight the claim as cargo and since we have continued to argue the valuation they are now refusing to act any further on our behalf. They ask that any new solicitor submit a 'lien'. We have no idea what this is, but it sounds ominous and expensive. Despite our requests for a meeting with the Complaints department, they say they cannot see any benefit in it. We invested my husband's entire redundancy payment in that car and had just started up a wedding business, but that has now been blown out of the water, yet we're not asking for compensation, only for justice. None of this was our fault, we've acted honestly and in good faith throughout, yet it feels like we're being punished for trusting: a) the carrier to transport our vehicle safely: b) the insurers to play fair and c) the lawyers who are supposed to be looking after our best interests. How can this seemingly straightforward case have gone so badly wrong? Answers on a postage stamp please!
  18. hi, some time ago i was in arears with my maintenance payments, i wont go into that here, anyhow they wrote to me approx 8 years ago to say they wont be pursuing me for the debt. they wrote back this week to say that they now want me to pay the arrears, its a sizeable amount and I will pay as much as i need to to clear the debt. if they had said 8 years ago that i need to pay 100 a month to clear the debt i would have done. anyhow, i am now self employed, can anyone tell me how they will calculate the amount that i have to pay, i believe its based on my last years accounts. but i dont know what percentage they will want. also do i have to disclose my partners wages or can they asses me alone. i have already agree to a payment rate for the first three months, i guess that after they they will hit me as hard as they can. but i just want to get the debt paid and sorted now.
  19. Hi,new to this but need a little advice, I am seeking legal advice through the proper channels but any extra info./advice is always useful. A few weeks ago, the place where I work informed us that they were wishing to make cutbacks, starting by offering us short time working of 3 days a week. After a couple of meetings, and awkward questions by myself, they told us they were imposing it on us. A little digging around by myself and I found that this was potentially a fundamental breech ofcontract, namely that they cannot impose a change such as this unless a varying term is used in the contract or terms and conditions to allow this(the contracts are very very very basic). I actively protested against this, we have no union being a small company of around 20. I voiced my concerns to no avail. Management refused to speak to myself and a few others and as a result I became ill to the point of being prescribed anti-depressants. I handed in a 'work under protest' letter and also started a grievance, believe it or not my employer has no grievance procedure!!!!, so I followed the A.C.A.S. code of practice, 29 days have passed and still no formal meeting (tribunal???). Deadline for contracts was 10th December, few days before management had received no signed contracts and suddenly dropped the action (I wonder why!!) , 'There will be a business review in January'. So when asked I was told there would probably be redundancies. Anyway, I have been on a fixed term contract for 2 years now, most recent one ends 28th December. I was informed on the 16th December that my contract would not be renewed, I was told ' The business needs to make cutbacks,starting with me' . Some more digging around and I am hoping to take them to a tribunal for unfair dismissal for asserting my employment rights, and for less favourable treatment of a fixed term employee on the grounds that 1 - another employee got a permanent contract , a position which I should have been made aware of 2 - Actively exercising my rights under employment law and being dismissed as a result(no-one else has suffered) and 3 - Not being considered or pooled for potential redundancy, fixed term contract law says that I should be pooled and not just left for my contract to expire. So do I have any chance??? No grievance meeting? Less favourable treatment? Unfair dismissal? Possible H.S.E. regs. broke regarding stress at work? My employer has no procedures for grievances, they tend to brush any problems under the carpet or put them off so people dont take action. They dont like confrontation, have already got rid of one employee and paid them to keep quiet, they dont seem to have a clue. This past few weeks have been hell for myself and family, Im also trying to study a degree, seriously thinking about making it in employment law due to the hours I have put into reading legislations!! Thanks to anyone who takes the time to read this and if anyone offers any help/advice
  20. Firstly, Hi to one and all - new member here. I'd like to say thank you to all the informative and helpful posters who I have been reading for a while now. I feel much more confident about my problems now that I know a bit more than your average Joe! Now, the problem.... Got myself into a stupid payday trap like many have on here, with multiple loans covering each other until I reached breaking point recently and couldn't keep up. Most lenders have been very understanding, especially textloan, who I e-mailed a payment plan on my balance which was agreed no questions asked, and with no extra money added. If only speedcredit were like this... Reading around it seems, like many, I am going to have one hell of a battle to sort this one out. I took out a £400 loan in September which I extended a couple of times. SC demanded a final payment from me of £693 on 14/12/12. I didn't pay, and it zoomed up to £1169 on 16/12/12! Nearly £500 more in 2 days, incredible! They have also said it will go up to £1265 on 23/12/12. I sent 2 similarly worded e-mails which offered them a repayment, the bottom of these below is the first sent, the top the last: Dear Collections, Thank you for my reply, which has addressed none of the queries I have listed below. I will only confirm payment dates and amounts to repay my loan when I have been dealt with sesnsibly and reasonably, and more importantly, relevantly! I also find it strange that I e-mailed speedcredit, yet get a reply from NDR. Actually, not that strange on second thought, as you are both the same company. Anyway, back to my original point. I will not be paying you £1169, £1265 or anything like the astronomical and ridiculous figures you are trying to charge me for my loan, and which I know you will keep bumping up as you keep delaying my repsonses in order to add on more of your fantasy fees. The mere fact that you were asking for £693 to settle the account only 3 days ago shows how ridiculous your demands are - how can you possibly justify demanding £476 more in the space of 2 days??! Utterly laughable. As stated below, I offer you the full repayment of the loan funds, plus one months interest, which equates to £592. This is a more than reasonable sum for a one month loan - you are making £192 on £400, which is almost 50% of the loan amount in one month! Add on the rollover payments I have already given you, and you will have had almost £800 from me for a £400 loan, which in itself is incredible. I have blocked any attempt you may make to take any money from me with my bank, so you will be receiving nothing from me until you agree to my more than reasonable offer. Once you agree to me paying £592, then you will start receiving payments until the account is settled. It couldn't be more simple than that. I look forward to hearing from you, XXXXXXXXXXXX To: xxxxxxxxxxxx Subject: re loan ref: xxxxxxx From: Collections@NorthernDebtRecovery.com Date: Sun, 16 Dec 2012 17:23:00 +0000 Dear Matthew, Thank you for your message passed to us by Speed Credit. You currently owe £1169. You will be incurring additional interest charges on the 23.12.12 making your total outstanding balance £1265. If you are unable to pay in a one off payment, but are willing to pay £150 per month starting from this month, we are prepared to FREEZE all interest and charges. Please confirm the dates that you will be making payment on and whether you wish for us to set this up to take payment automatically. If you have any questions please do not hesitate to contact us on 0843 381 0843 Failure to make a payment or come to an amicable agreement will result in your file being passed to a third party bailiff company who will commence proceedings against you in your local county court. Yours sincerely, COLLECTIONS (224) NORTHERN DEBT RECOVERY 0843 381 0843 NOTICE: The contents of this e-mail are intended for the named addressee only. It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it. Northern Debt Recovery Limited (NDR) is a company registered in England and Wales whose registered address is Northern Debt Recovery Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 6956396. Northern Debt Recovery Limited (NDR) is licensed by the Office of Fair Trading under Consumer Credit Licence number 631166. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Dear speedcredit, I am writing to you to arrange a final settlement on my account. I am experiencing some financial difficulty, and am unable to make a full payment - I am therefore asking you to help me with a reasonable repayment plan. I am not trying to escape or get out of paying back what I owe, but am refusing to pay all of your additional late fees, as they break OFT guidelines in the unfair terms in consumer contracts act, as well as potentially invalidating the loan with unfair charges under section 140a and 140b of the consumer credit act 1974. Simply ignoring my previous correspondence in order to give yourselves more time to add on these late fees is disgraceful. You have tried to chase my debt with three 'different' collectors - speedcredit, northern debt recovery and Marshall hoares bailiffs. A quick search of company check shows NDR and MHB to be dormant, a search of the postal address for MHB shows this to be a dead address, and the registered address for the company is also empty. Even more incredible is the fact that having had threatening calls and letters from all three, in which they all claim to be independent, all have demanded payment with exactly the same bank details. You may be able to leech extra money from some less informed 'customers' of yours, but unfortunately I am not one of these. I know exactly what you are trying to do, and will not be intimidated or scared by your bullying and threatening tactics. I know for a fact all of these are the same company, with these fantasy fees added or purely to extort as much money from each customer as possible. My initial loan was for £400. One months interest on this figure equates to £192, giving me a total to repay of £592. I will happily pay this back, and not one penny more, in reasonable monthly payments, until fully repaid. Please reply to this email, and I will happily negotiate a fair and reasonable time in order to pay you back. Until this is agreed, I will not be paying you anything. Yours, xxxxxx As you can see, they did nothing to address any of my queries, merely telling me I owe £1000+ again, and threatening further fees and court action etc. Decided I'd try the phone option, and phoned NDR today and made them a final offer of £592. All he would do was offer me a payment plan on £1169, which i immediately rejected. I then said I will pursue other avenues such as the OFT, FOS etc to assist me. He also threatened court action, to which I openly invited NDR to take me to court so that they could justify adding nearly £500 to my loan in 2 days as a fair and just fee, along with all of their other stupid breaches of code and practice. I said to him I would be 100% confident of success in court if they wish to choose this option, he just laughed and said 'Sir, there is no way you would win'. At this point it was obvious he was running out of ammo, so i just decided to terminate the call as It was clearly getting me nowhere. Where to next?? Are there any other email contacts who will possibly deal with my query without firing back some standard reply without giving any answers to my queries and offers? Sorry this post is so long, hoping someone will be a kind soul and further advise my next move. I have cancelled my card and blocked CPA's and any attempt from SC to take anything from me, so they will be getting nothing at all until they accept my more than reasonable offer. Many thanks
  21. I have been employed since 07/07/2012 (5 months). I have 10-years work experience as a dementia carer; nurse's and nutritionist's qualifications; spotless track record. I work as a live-in carer on 2 weeks on/2 weeks off rota basis: 2 x Wed -Wed; paid breaks 7h on Wed (11am-6pm) and 4h on Sat (11am-3pm). Sleep in nights on call. Client (and a dog) has advanced dementia and is very mobile. I think this is more like a shift work, where the shift pattern is: 4 live in shifts (315 hrs) are worked in 14 days: Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break Saturday 3 pm - Wednesday 11 am; 92 h; 6 h break Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break Saturday 3 pm - Wednesday 12 am; 93 h; handover 315 h worked in 14 days. I believe my employer has committed a serious breach of my EC by: 1. Failing to pay NMW Required to work 315 h in 14 days, being paid £ 80 per day = £ 3.55 p/h. 2. Failing to provide minimum daily and weekly rest periods The breaks I get at the placement are: 7 h break (11 am – 6 pm) on Wednesdays; 4 h break (11 am – 3 pm) on Saturdays. 3. Serious breach of the 'duty of mutual trust and confidence' a) by accusing me of gross misconduct (on 29/11), Unprofessional conduct: raising concerns about the Company and carer colleagues with the client representative (client's son). I replied to Client Son's personal text message to me about his Mum, making a comment about the Company and relief carers. I felt this was my duty of care to let the son know how his mother is being treated by relief carers the company is providing. They are accusing me of Crossing professional boundaries (Company's Policy 93) and Failure to follow their policies and procedures.When I asked what policies and procedures do they mean, manager said Policy No 93. Said I haven't seen it, he said it was available on the website and was included in my employment contract (not true). Was given the copy of Policy No 93: Professional Boundaries on 06/12. b) by imposing a suspension with pay (on 29/11), Suspension Grievance on 30/11. c) giving a warning of possible summary dismissal (on 06/12) before the disciplinary hearing ( 13/12) (adding to unnecessary stress) Suspension was a “final straw”. Other perhaps relevant breaches and actions: 1. Failing to sign off my Common Induction Standards (Care Academy), which I have completed/passed in 09/12 and it is pending sign off since I passed my probational period (07/10/12). 2. Failing to acknowledge my name. I changed my surname in October and notified the employer – they are still referring to me by my old name (incl all the disciplinary documents). 3. Not treated equally and fairly (was lied to) when applied for Senior Carer's position within the company twice (21/09 and 14/11). 4. Elements of bullying from senior manager (who is in charge of senior carers) - destructive irrelevant criticism and irrelevant remarks undermining my abilities. I'm in the situation where I have suffered a psychiatric injury, I am not able to work or defend myself at the hearings in English, because my mental health has suffered: I have panic attacks and constant anxiety and tearfulness, difficulties to concentrate. I have no money for a lawyer, I have no money to pay my rent, I have no money to buy food. I have no money to go home for Christmas .. Could you please advice what should I do. Do I resign asap to be able to claim constructive dismissal? The disciplinary hearing is scheduled for 13/12 and I'm pretty sure they will dismiss me as they have warned be doing so in the hearing letter. I have documented everything and kept placement diary. Please help. Thank you.
  22. Hi. Hope to make this post as succinct as possible. Thank you for reading and helping. 1.My Union's solicitors wrote to me saying they were taking my case (RSI back-strain from work), but according to the same letter, I am outside the statute for an action as I (not my GP) realised my pain was work-related in 2006 and they say it has to fall within 3 years. Solicitors knew this was the situation - they have my letter of grievance to my HR from 2007, so I don't know why they bothered to say they'd take on the case. 2. My workplace HR did make some noises about making an 'amicable parting of the ways' if first my GP report then their Occupational Health report, concluded it wasn't likely I'd be able to return to work soon enough (been off since Feb). I sent them my GP report last week and I have left numerous emails and phone messages to the HR person but got not a word in reply. She has never done this before. Whassup, d'you think? 3. If I'm too late for legal recourse, could I/my Union negotiate a leaving package anyway, d'you think? Or will they smell that I'm screwed legally if I try? I have just done the ATOS medical and am so screwed as regards employment and money. I do not want to live on benefits so: 4. I was even thinking of just doing Saturday nights at work; I'd get HB and Council T bens and maybe medicine help, but wouldn't have to deal with other benefit groups. That would be my last resort, because I'm terrified my back will get worse. I'd be able to rest up a lot afterwards, though. Sat night is the unpopular shift, of course, so my workmates would fall on me with a glad cry, but not sure employers would wear it. Thing is, I don't want to go through all the other negotiations, lose, and then rely on them being accommodating enough to agree to my last resort. Left a message with the solicitors and my union but neither has got back to me, so I'm appealing for any wisdom from you guys!
  23. In May 2012 a old Morgan Stanley account of mine was sold to Crapbot. Had all the assignment letters etc. I then sent off a CCA request to Crapbot and as I thought due to the age of the account no CCA could be found. Well told them that until one was forthcoming the account was in dispute and that enforcement could not take place. They agreed they could not enforce and the last correspondence was in August saying you were paying Barclays so that is proof of debt. Sent them the various cases on here quoting that basically they were talking bullocks and to either put up or shut up... Well today is the day I met the man from the mortgage company to hand in me keys to my old property and the last chance to pick up my mail. To my surprise I have a two letters from Barclays asking for payment on this old Morgan Stanley account. ??? !!!!! Surprise it is, they say they are going to default me the usual threats, this must be the most defaulted account in history, defaulted by Barclays back in 2009 then Crapbot in 2012 and now Barclays again ??? What I would like to know is, if as they say they purchased the debt have they given it back to Barclays and is this usual ???? Barclays have been sent my reply stating, Account in dispute blah de blah ( basically where's me CCA ) and how many times can I be defaulted on this ??? Very strange as Crapbot has an old Yorkshire Bank Visa Card which they tried to get money out of me for but again due to age no CCA. Have not heard about that one in nearly two years. Can they get there money back from Creditors who sold them the accounts when they know they have bought a lemon. ???
  24. Hi all! I havent been on here for ages, so I do hope if some of the old crew are still on that all of your issues are sorted or at least going your way Now I am not sure if this is a shot in the dark or I have a claim. In 2008 I called a company I wont name for some advice on getting a policy to pay out if I was too ill to work or got made redundant. The company advised on two seperate policies and these were set up. I was out of work a while back so had reduced them both down, then when back in work for some reason I increased one but not the other. Things are looking iffy at work so thought I best check how I stand and increase the redundancy one. The lady advised me on my options. For some reason, when this was all set up, the financial adviser put the address of the house my mortgage is on, which was being done up and not habitable, in fact i have never lived in it, even though he knew I was living back at home and this should have been my correspondance address. I happened to say to the woman, I should really change the correspondance address, to which she then said, yes because if you no longer live there you are not covered! I then explained to which she, her colleauge I spoke to next, and supervisor all confirmed. .. in this case you have never been covered! and even said...this looks like a mis-sold policy! So guys, does this sound correct, and if so what do I do next? As always, thanks for reading and any help in advice Ed
  25. Hi All, Here's a quick explanantion of my enquiry: Rented a house under contract for £2,300 a month. Wife asks me to leave her and kids and moves in new boyfriend. I write to landlord give two months notice to leave and move out lasy 30th April. I pay rent until end June. Landlord confirms receipt. Estranged wife stays in house and hasnt paid rent since. I was in court yesterday she didnt turn up they served a summons on both of us but not to my new address they wont acknowledge i am not there. Judge says I am 50% responsible for the costs and the rent arrears. But he also said there was no longer a contract and didnt know how to structure the money to be paid to the landlord. He mentioned the eviction could be a case of tresspass then changed his mind and said come back in 21 days. My case is the landlord should have acted quicker to reduce the arrears and the court is delaying whch again adds ot my cost. If there is no longer a contract can I wriggle out of paying the rent I could argue if we had both moved out then the property may not have been rented out immediately. Im not sure how they assess their loss really Im clutching at straws I just want to limit my exposure. I havent got any money left now and lost my job so I cannot afford legal representation either. I will do a further statement with a character reference but im not sure what to write now. Mnay thanks for any detailed advice on my statement perhaps some case reference would help for me to quote where a contract has expired. Im the only honourable one here i even paid for the kitchen to be replaced as her dogs ate the base units. Ahh well. Regards Frank
×
×
  • Create New...