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  1. Hi Guys, I recently had an illness which prevented me from working for almost four weeks. The start of the illness coincided with the Bank Holiday Easter Weekend. As a result of the holidays, I was unable to get a doctors certificate until the Thursday after the weekend, ten days after I first called in. In the meantime I had been in regular contact with my employer, e mails, phone calls, but come pay day I was docked ten days wages without any warning. The first I knrew about it was when I logged into my bank account to pay my bills. I have had a meeting with the manager who made the decision. He couldn't justify the deduction, nor the amount of time I was deducted (salary cut off date was less than the time deducted). My question is, legally, should I have been told of the forthcoming deduction? The meeting was very acrimonious due to the very distinct lack of apology and the threat to put an entry into my staff file, to which I would have no recourse. Future prospective managers would see the entry and make assumptions about me, ie, troublesome. (I'm not, but I do stick up for unfairness at work). If I wanted to see my staff file, would it be a SAR or an FOI request? Any help/suggestions would be very much appreciated Buncrana.
  2. Hi everyone, This is a great website with tons of info. Love it! This is my first time posting on here. I am trying to deal with a court summons, and could really do with some help with the N9B defence form. ************************************************************* This is the background to the case: I have had a Barclaycard since 2000. The balance at January 2010 was £8,900. Due to various financial problems, I stopped paying them. Also in January 2010, I sent them a CCA request, and they sent me a reconstituted copy of a credit card agreement. I have not paid them or contacted them since then, however now they have sent me a claim form from Northampton county court bulk centre for £9,900 (although MKDP are named as claimants). The particulars of the claim are: " the claimant claims the sum of £9,900 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard 4929************ and assigned to the claimant on 10-10-2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum of £9,900 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. " ************************************************************* Can I first be clear that I am not trying to get out of this debt, but I do not have the means to pay. I do not know if MKDP collections are just trying it on at court, or whether they have something solid to back them up. So now I need help with these questions: 1. Barclaycard only sent a reconstituted agreement in response to my CCA request. Is the debt unenforceable in court because of this? 2. Barclaycard only sent a reconstituted agreement in response to my CCA request. Does this mean they don't have the original executed agreement with my signature, and because of this, is the debt unenforceable in court? - Or is this just wishful thinking on my part? 3. What are the prescribed terms and what should I be looking for in the details of the reconstituted agreement that they sent me? 4. Part of the defence form says "if you fail to deny any allegation it may be taken that you admit it". I do not want to admit to anything, in case it is used against me at a later stage. In light of that, how could I word my defence and/or what should I include or leave out? ANY help will be greatly appreciated. Thanks all.
  3. Hello, I received a statutory demand in late Dec 2011 for over £10,000 which was set aside on the request of the legal department of the company pursuing the money. I informed them that I had no knowledge of any outstanding debt or subsequent court proceedings and explained that it must have been a family member who had used the account without my knowledge who had since been witholding the correspondence from me as it was not sent to my address but to my deceased parents house where I had previously lived and where they now reside. The guy who served the statutory declaration told me that they had been used to track me in order to serve document as it was thought that I had disapeared (mortgage, council tax, electoral roll) lord lucan I am not. Since early Jan 2012 just prior to Statutory demand being set aside I requested an explanation from the company identifying the facts, and what they intended to do in order to rectify the situation. The guy I was dealing with said it was his priority to have statutory demand set aside and that he would look into this further. I have not heard anything since, and considering that it is a fairly large sum of money which I dont have it is something I could do without. I feel certain that the legal department spoke to the local guys at this end and that they have confirmed to them my version of events, and that was why they were keen to have statutory demant set aside. Is it wise to follow this up? What is the best way to go about this? I dont particularly want to cause problems for family member but this is a worrying situation any help/thoughts greatly appreciated. Thanks in advance.
  4. Good Morning Out of curiosity is there a way you can stop this happening without needing to change bank accounts? I know the obvious answer is 'just pay off what you owe!' Looking for anyone who has managed to stop this happening? Thanks very much
  5. Between Sept and Nov 2011, I sent written grievance letters to my previous employer. I submitted my Case to Employment Tribunal on 23 Nov 2011, they resisted the case, so the hearing was done on 30 march 2012. They were absent, and I was awarded £2000. After 42 days, they still didn't pay up, only when I threaten to use the baliffs, now they say they are dissloved and have no liabilities to me. Searching on the web, gave me this, the dissolution started on 30 Nov 2011, as the only director resigned. It came effective on 1 may 2012. Only 10 days ago, their representative informed me about the dissolution, no dates or explanation were given. Nor me or the ET was informed about the dissolution beforehand. The company and the representative both disappeared online am I suspect they are the same lot. I worked at a restaurant(Zen) which pay cash on hand, no records or contracts made. Anyway I won the case. During the claiming process, they said that I was not employed by the restaurant, but this company(North Towers) which owns the restaurant, and during the case, another company(Grandway Trading) respresented them. North Towers Ltd is now dissolved. I had no knowledge of that beforehand and I accepted the fact. The restaurant is still up and running. From the judgement from ET, I had a month to act before it was finally dissolved, I didn't check and thought of this scenario. What can I do? I am now in Germany and my friend is dealing with it in UK, he thinks there is a contempt of court.
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