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  1. I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred quid by way of restitution for the fees, interest, arrears, and threatening behaviour they inflicted on me over the years. It went on to say that as I have an outstanding debt, they would pass the money on to them to deduct from my account. Which, as it isn't an admission of unfairly charging extortionate fees and interest per se, I am pretty sure the money should have been paid to me, not the DCA. And if they sold my "debt" to the DCA, as they have stated in the past, then they wouldn't have had any further claim on my account. Of course, the letter went straight into the shredder and into the recycle bin. Then at the weekend, I received another letter again saying they may have treated me less than fairly, and saying they were going to pay £75 IN CASH no less, to me personally. There was an enclosed form for me to send them details of my bank account to pay the money to. Well, whoop-dee-doo! I'm going to be £75 better off. Or am I? The problem is with the SOL. If I return the form to have the money transferred to my bank account, can they misconstrue this to be me making contact with them regarding the disputed outstanding figure, and reset the SOL again? Is it best to err on the side of caution? £75 isn't a huge sum but after being turned down for PIP after being on (undisputed and indefinite) DLA for the last 6 years (another story) it would certainly come in useful.
  2. Are PCNs subject to the 6 years (england) statute barred law anyone know?
  3. Hi there, I got a "new" student loan in the year 2000 for my undergrad in UK. I paid some of it off when i worked in London 2006-2008. I moved to Paris in 2008. I think I contacted SLC in writing in 2012 but didn't pay anything back. I just received a nasty letter from SLC saying that a Third Party Debt collection agency is going to be contacting me to get £6,000. My friend says that if after 6 six years if haven't (1) contacted the lenders in writing acknowledging the debt or (2) made any payments to the lenders then the debt is wiped as it's past the limitations. Is this correct? It will be 6 years in one year. Thanks, BOB
  4. I tried to buy a drone back in 2010 before they really took off, if you'll pardon the pun. I paid somebody over £3000 to build me a drone via electronic transfer but it all went horribly wrong. I never received a working drone and he took it away to get it sorted out and I never really heard from him again as far as supplying a working drone. I've contacted him on and off over the years with lots of promises from him that he would pay me back and in my travels found a lot of other people he owed money to. He has also changed addresses a couple of times. I finally tracked him down to a company in Kent and called him late last year and he acknowledged the debt by email but after more promises have received no payment. I have his work address but no longer know where he lives. Am I right in saying that as he has recently emailed me acknowledging the debt as recently as November 2016 that the debt is not statute barred? Where can I go from here? Is it worth pursuing through the small claims court or is it likely that I can get a debit collection company to pursue it for me after all this time. We are about to buy a new house and the money would be very useful. Any help appreciated.
  5. Hi, I made a claim against a bank for some charges which had been applied to my mortgage account for the 'cleansing' by their solicitors of my Data following a DSAR in 2008. The finite detail of which is not relevant to this question I pose. The bank employed solicitors to defend my Claim (which I had repaid in full after a battle). 1) The solicitors advised me that the bank had admitted the charges should not have been applied ie. there was a mistake or the fact I was never advised of these charges, they were 'concealed.' However, the solicitors stated on a number of occasions when I pressed them that my 2008 charges which had been charged were now Time Barred and therefore would not be repaid citing s.2 Limitations Act 1980. - (6yrs rule) 2) I only discovered the charges in 2014 when investigating something else and they knew this. However, I went back to them and stated that under s.32 of the Limitations Act 1980 in the event of Mistake, Concealment or Fraud, Limitation is postponed, but they insisted s.2 applied as a result of my claim being a claim against the bank for breaching the DPA. They stated in response: "You have proposed an action against our client for a breach of the Data Protection Act 1998 and on that basis s.2 Limitations Act 1980 applies" So my question to you here is: Under what circumstances, when a claim is made for a breach in the Data Protection Act (they charged me over £1000 for a £10 statutory DSAR fee cost which breached the DPA regulations of charges for a DSAR) can a defence of s.2 Limitations Act apply which denies me the repayment, when s.32 can be ignored which entitles me to be repaid? I received the payments back on the basis of a 'commercial decision' being made (ie..it was costing them more in their own legal fees now that I had redeemed the mortgage and couldn't dump them on my mtg, than they were going to pay out) But that's not the issue here, I need to know exactly why they felt they could use s.2 legally to defend and not repay me, whilst ignoring s.32? To the layman it doesn't make sense, perhaps there is a particular legal reason why and that's what I need to know. Many thanks A1
  6. Hi I am trying to find out what can information retained under the limitations act be used for, I have data held by a university who state in their records retention policy that the information is the be retained for 6 year from end of program with the reason for retention of the data being given is the limitations act 1980. Can data retained under this act be used for any other purpose? the information relates to internal disciplinary hearing in 2009. I left the university in 2010 and returned in 2013 to do a different program. The university now wants to access this information from my previous course, I am arguing that my contract with the university ended on 2010 when i left and that in 2013 when i returned for a different course that was a new contract and staff on the new course should not have automatic access to data from my previous course. Really up against it here any relevant advice appreciated
  7. I'm aware that this is a really old chestnut so I apologise in advance. If the last payment in an unsecured loan was in June 2008. Then the account was closed by the bank in October 2008 (I had no and at all in the account being closed). Can someone confirm that the Cause of Action was one month after the last payment and NOT when the account was closed? Replies very much appreciated and any evidence or examples to prove the above would be fantastic. M...
  8. When does the 6 year clock start? At the point the credit company enters a default? At the point of your first failed payment? At the point you made your last payment? Thanks for your help Ivor
  9. ...but I need to know what the statute of limitations is. He finished his shoddy work in December. Main thing he did was drill through the damp course all over the flat to put in new sockets. His wiring was also shocking - pun intended but true. There were sparks coming out of the wall and there was damp all round them. Highly dangerous. That set off a chain reaction and I fired him and got another builder in to fix his work and it cost me £10000. The whole flat needed to be done. I already paid him £6500. Apart from the money I also had the inconvenience of living in a building site for 3 months. What is the cut off period. How long do I have before I won't be able to sue him? Is it 6 months? One year? Please advise. Thank you.
  10. Does anyone happen to know what Limitations there are in the netherlands off hand? Lol, i was going through an ancient email address which I hadn't used in over 10 years and noticed an old bank statement where I owed fl. 6000 (now about €3000) lol!
  11. I have told Lowell's that a debt is statute barred as it has been 6 and half years since last payment and they have replied that it is not statute barred because as a result of ''BMW v Hart'' limitations runs from the default date. This is for a credit card. Is there any truth to this or are they lying?
  12. Hi, This is my first post so thanks for taking the time to read this. To give you a brief overview of my circumstances I was employed by a government organisation who will remain anonymous for fear of reprisals at this time. I resigned from the organisation in 2009 so that I could facilitate a move to New Zealand on a permanent basis. To give you a brief outline I was employed by the organisation initially as a Support member of staff back in September 2003 leaving to take up a new position within the same organisation in August 2008 again with the same organisation. The dispute with surrounds my salary whilst employed as a Support member of staff with the organisation between the above aforementioned dates. In October 2013 I was made aware by an ex colleague that the organisation had made some mis-calculations with their pay formulas and that some members of staff had been underpaid as well as overpaid. I wrote a letter to the payroll department and was asked to wait until payroll had looked into my pay to decipher if I had been underpaid. In December 2013 management informed me that I was to be paid just £1001.40 (for 1 year's erroneous back pay) without any further consultation of the matter, I duly responded stating that I did not accept this amount and if the organisation did pay this into my bank account It was by no means an acceptance of the matter, I also asked not to be taxed on this amount as I was a foreign resident for tax purposes but they went ahead and taxed the payment again without any further consultation. The organisation along with all other similar government departments across the country have to adhere to the Pay And Conditions Handbook which is a government document, and is also written into employee's contracts. On this occasion along with many other people who were employed by the organisation as support staff, this was not adhered to since 2003 due to an 'administration error' on the organisations behalf. The head of the organisation I used to work for has since replied to me stating that this could be considered as a breach of contract. The reason the organisation are making it difficult for me to recover all outstanding monies owed is because they are applying The Limitations Act 1980 to make reduced payments to all staff affected which I feel is appalling and immoral. This issue has made the local news and the head of the organisation has gone on record stating the organisation "had both moral and legal duties to correct the pay errors" what the head doesn't go on record to say is that the organisation would be applying The Limitations Act 1980 to make reduced payments to staff. The key part I feel, is if I would have knowingly known at the time I was being underpaid I would have acted to recover the money owed its only natural. The organisation have clearly put myself and others at a disadvantage by only realising this error as a mistake in August 2013 and then applying The Limitations Act 1980 to make reduced payments. I believe that section 32 subsection © The Limitation Act 1980 provides a valid argument to postpone the 6 year time limit in recovering the monies owed as I did not knowingly know that a mistake had occurred and I would have quite naturally sought to remedy the problem straight away had I known my pay and pension had a monthly shortfall dating back to 2003. Does anyone know if this would be a good legal argument in court? Here's the S.32 definition (see subsection c): 32.-- • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either- (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.... The report that I have obtained puts the errors down to "Inconsistent practice and poor communication between the operational teams, the Resources Management Unit, Human Resources and Payroll. These issues stemmed from the lack of end to end process, control and written procedures governing shift pattern changes. The risk of reoccurrence although much reduced following the discovery of this error, will remain until procedures are formally documented and communicated" In closing there are around 250 members of staff affected I believe. I along with 7 other former employees (That number is likely to increase) are looking to take collective legal action as we are all in the same situation with regards to our pay arrears the only difference is our lengths of service differ. I am the nominated spokesperson for our group. My only questions are: 1. Do this organisation have a case to answer with regards to a breach of contract? 2. Would S.32 subsection © The Limitations Act (See above definition) be a good argument in a court as a mistake has been made? 3. Can an application be lodged to instigate employment Tribunal proceedings regardless of the 3-month timeframe, as I did not knowingly know our pay was erroneous? 4. Would a civil case be more likely to succeed for a breach of contract? 5. Could we also charge the organisation interest on any monies owed in my own case I believe that i'm owed around £10,000 and above? 6. Lastly if there was any future action taken could an application be put to the courts requesting that all our associated costs and legal fees be met by the organisation in the event they lost the case? I hope this all makes sense, I apologise if there was any ramblings. I look forward to hearing from anyone who has experienced similar problems or anyone who specialises in this area of employment law. Thank You Muzzy17
  13. Hi, I have a weird Statute of limitations question: I live in Scotland, had a letter today from Buchanan Clark and Wells about a loan I took out in 1999 and defaulted on. I haven't heard anything about this loan since around 2003. I told them this was statute barred under the statute of limitations, however, they have said a payment was made in 2010. Now this was definitely not made by me. The address for the debt on the letter was my mums address, so I phoned her and she paid someone who came to the door £10 a month for a few months thinking it was something to do with my dad (same name) BCW are stating that because of this the Statute doesn't apply, she should know, she's a lawyer. I think they are wrong though as there has been no contact or payment from me. does anyone know where I stand on this? Thank you in advance.
  14. Quick question, would the 6 year rule of limitations be applicable in regard ro an alleged overpayment of WTCredit? Many thanks
  15. Hi, Does anyone know the limitations of a S7 DPA request when used in the following context. Limited Company in voluntary liquidation. I am a creditor and debtor to the company. The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that. I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator. Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?
  16. Overdrawn Directors Loan account on company that was wound up in 2005. Liquidator still wants his money, is it six years even though liquidator states that overdrawn directors loan account was unlawful and therefore a claim for trust property which is not subject to 6 year limitation period.
  17. i need assistance with employment law, and personal injury claims. i would appreciate any advice that fellow CAG's can provided Work Related Breakdown i suffered a work related breakdown a year ago approx, however despite the problems at work i loved the actually job itself and always intended to return to work when i was well enough to do so, however i was pre empted financially and returned October last year and at that point formally started my grievance. like most people i had not idea of how a grievance procedure would work, so it was a massive learning curve. it is so unbelievably stressful and im still not fully well. all of the stresses remain as nothing had changed within the team on my return and my health has again deteriorated. Occ Health have recommended in writing that my place of work is toxic to my full recovery and i should leave. my p/trist is saying the same, as is my counsellor. they have all made clear that outside of that environment my health should improve enough for me to get another job doing the same type of work but with a different organisation! my question is this. is it possible for me to take civil action over and above tribunal action against my employer for the pysiatric injury they have caused me, in addition to which i had lost all my body hair. my head remains bald and i have to wear a wig, my eyebrow are going again, my arm and leg hair have gone, however my pubic hair did grow back a little. i am very grateful that my eyelashes have grown back - but for how long. i have been tested medically, the is no physical reason for the universal hair loss. constructive dismissal i am aware that the issue of constructive dismissal and discrimination can only be held in a Tribunal. but i would want to know how p/injury would work in a civil court, and could this take place more quickly than a Tribunal, and although not the right venue, will the issues of the discrimination, harrassment, bullying and victimisation come out at a civil hearing? i have an outstanding grievance appeal taking place by the end of March, it is likely to be negative, a little more detail first 'last straw' - manager held PPP (nearly 2 years since the previous one) tells me basically im c.... and that my colleagues have all complained about me, and gives examples of complaint. Fair enough. however all of this has come out of nowhere. manager provides no discussion or plan on how to resolve the situation between me and the rest of team, and goes off on 2 weeks holiday. naturally this has a devasting affect on my feeling toward the manager and the rest of the team, i have believed what he is saying. i make complaint to manager on his return and challenge all his accusation and complain that if the situation were true how is it he didnt try to help resolve the situation? i copy in HR. manager writes back taking no responsibility claiming i have misinterpreted and didnt say some of the things. my complaint was comprehensive and i gave back to him all the examples that he had used! a meeting was held. HR had lead me to believe that the meeting was a grievance as laid out in their policy, but it was a mediation meeting whereby the manager states again that i have mis interpreted and that in fact no one had complained about me - he failed to give any further information. he actually stated that i was made for the job. on hearing this however instead of making me feel better it devasted me further. i couldnt understand how he had done this to me in the first place. i had worked so hard and was so proud of the work. i went into freefall. from the time of the meeting with manager to what i thought was a grievance meeting was just over 2 months during which time there was a complete and utter breakdown between me and the rest of the team. i was signed off sick with work sky high blood pressure and related stress which i had desperately been trying to ward off. emloyer contact during sick leave during sick leave, the manager above my manager demanded to to see me, didnt advise that i could be accompanied and during the meeting told me basically that the best thing for me was to get my arse back on my chair and that in their experience involving the medical profession would mean that i would be off work longer! remember this talk at me is whilst i am unwell and vulnerable. end result even more freefall. during my sick leave there were a bombardment of letters from work, which stressed me out further than you can believe i felt hounded. i thought that it would be better to return to work even thougth my GP didnt think i was ready. i thought that it would be best to stop the hounding and make sure their were no more meetings with my managers manager. phased return meeting GP formally recommended this. unfortunately he did not specify a time. managers manager didnt want to follow GP's advice and tried to insist instead that if i felt tied i went home. luckily an HR officer was present and had to remind manager that it was normal in such circumstance and length of time away that a phased return take place. manager reluctantly agreed to 1 week! there was mention of a review, but no details of when the review would take place or who with. naturally 1 week was not enough. situation with team not resolved. i approach HR for help and am basically told to go away. i return to my GP who tries not to give the 'i told you so' and signs me off again. long term sick which brings me back to my return last year. Discrimination bullying and harrassment prior to the first last straw i had been suffering discrimination harrassment and bullying from another member of the team for a couple of year which i didnt handle very well. i absorbed it - but this just caused me to lose my body hair. i genuinely believe that this new member of staff would get used to me being there, also i had hoped that other members of the team would come to my defence when i was under attack from this 'colleague' - but no one did, some of them even joined in. this colleague was good at getting others to express their prejudices and the others knew better. i felt so isolated, ashamed and scared to say anything just in case they thought i was the one with the problem the one with the 'chip' so i said nothing. there was no one or manager that i had any trust or confidence in that i could take this matter to, so i suffered in silence, until the breakdown came. Employers investigate the complainant on making the complaint my employers carried out an investigation - a shock to me, a bigger shock was later learning that they had carried out an investigation on me too. thank God i was good at my job, good things were said about me. so they cant get me on that angle. grievance 1 outcome it transpired that others had complained also about my 'colleague' and my manager showed up themselves good and proper at the hearing. recommendations. words would be had with colleague and manager, but no grounds for discrimination - however.... appeal 'colleague' had actually admitted to what they thought would be a lesser complaint that they thought they could get away with, but this put employers in difficulty and they had to make a statement at the appeal confirming that at least one act of discrimination had taken place. it was agreed (and is on tape) that i was the brunt of this 'colleagues' abusive behaviour promotion of the main perp it was always the intention of my 'colleague' to get me out of the team and take over my Officer status and effect they way up from what they considered to be a lowly administrative position. they have now achieved this. even with the outcome of the grievance they still hold this position. what does this say? Victimisation (final 'last straw') managers manager has not taken too kindly to my complaint and raised awareness of what's going on in one of their departments and has targeted the 'trouble maker' me. a serious incident of victimisation has recently taken place. but i am covered by a 'protected act' and acted immediately. i put in a grievance about the harrassment and bullying by this particular manager. naturally management have stuck together. so i am just about to put in an appeal. Back to the start again this brings me round to where i started. based on the medical recommendation i think i will have to leave my job immediately i am notified of the appeal decision otherwise i will lose any rights i may have to claim constructive dismissal. i am not sure i want to claim this anyway as i would prefer the matter to go to civil court, where i can completely sue the a... off these people for what has happened to me over the past 18 months. my medical state the complete and utter indignity of having to constantly wear a wig and a cheap one at that as i dont have the money to buy a decent one. how further freakish i look without eyebrows. the constant eye infections because of no eyelashes, or where they were just coming loose and falling into my eye - the constant rubbing. im not so distressed about the rest of the body hair - no on sees any of it. im on medication up to my eyeballs. i have a diagnosed prolapsed disc and whilst of sick couldnt even put my knickers on or use the WC without putting a bucket on it first as i couldnt sit. thankfully my mobility is such that i can get around better, but i walk with a limp now, and still prefer to use the disable WC as they are a little higher. the constant pain in my back, shooting pains and numbness in my left leg is sometimes unbearable. also since being back at work apart from the deterioaration again of my mental state i have the additional indignity of repeated boils on my arse - what the hell is that about? i do hope that there is someone prepared and/or managed to read through this and provide advice or answer my query. Thanks
  18. Does anyone know if there is a "statute of limitations" regarding retroactive action by a Local Authority (LA) please? As far as I am aware, I have contravened no bylaw. My LA have recently advised that they are about to commence repairs to the footway and what they call crossovers - to you and me that's the drive linking your front garden to the road. It would appear that approximately 40 residents have been asked to either replace the fence/wall to their front garden(usually removed to facilitate offstreet parking) or pay for an extension to the aforementioned crossover - c. £500 and upwards! The other alternative is for the LA to place a 6 inch square post in the pavement in front of the house, thereby restricting access to one car only. In my case, the LA have agreed that no damage has been caused to either the crossover, the pavement or the adjacent grass verge despite removal of the garden wall. The wall was removed approximately 20 years ago and the garden subsequently re-designed about 14 years ago. To get to the point, can the LA force me to put the wall back up after such a long time and is their action legal?
  19. Hi, has anyone heard of the above company? I had a letter from them today in my last married name saying that I had a debt with G.E. Capital bank, I have been remarried for the last 8 years, the funny thing about the letter is that it says if I pay a certain amount of this debt, they will pay the rest. As far as I know I've never had anything to do with G. E. Capital bank. Anyone any ideas, I don't want to contact them, as I don't want to start any thing up with them, should I just ignore. I have a look round the forum stickies and can see that it would be statue barred anyway, as like I say I have been remarried for 8 years. Any advice would be appreciated.
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