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  1. I currently have a CCJ against me that was entered into by default judgment in 2014. The initial court paperwork was sent to an old address but was passed onto me, I did submit a defense but it arrived a day late and was struck out and judgment was entered into by default. I was recovering from a serious illness that affected me both physically and mentally and didn't have the capacity to be able to deal with it at the time. The Timeline is as follows: 2010 Default on credit file 2014 CCJ Default Judgement 2016 Default was dropped from credit file but CCJ remains 2018 I sent letters to the claimant and solicitors asking for proof of claim Claimant: Arrow Global Limited Solicitor: Shoosmiths Particulars of Claim: 1. The claim is for the sum of 7545 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank PLC under account number XXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Sainsbury's Bank PLC and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitorson : 0113 823 3850 In January 2018 I wrote to Arrow Global Limited at the address on the claim but my letters were returned undelivered. In February 2018 I wrote three letters to Shoomiths, I have proof of these letters being delivered. The first letter: A formal request for them to supply me with the credit agreement mentioned under the particulars of claim under sections 77-79 of the Consumer Credit Act 1974 The second letter: A subject data access request. The third letter: Request for documents mentioned in the statement of case under CPR 31.14 1. The Agreement 2. The deed of assignment 3. The notice of assignment 4. The default warning letter 5. The default notice I gave them two weeks to send me the above. I received a reply from Shoomiths a month later, they complied with the subject data access request and responded to my letters. In their response they stated the following: They confirmed that they have requested the following from there client Arrow Global Limited: 1. Statement of Account 2. Agreement 3. Notice Of Assignment 4. Terms and Conditions They stated that Arrow Global Limited has been assigned the debt pursuant to the Law of Property Act 1925, they stated I am not a party to the agreement and I am not entitled to a copy of the Deed of Assignment, They said that any other information I have requested to be disproportionate and that they do not agree with my timescales and will contact me again once they have received the documents. It's now 4 months later and they have not provided me with any documentary evidence to substantiate their claim. I am hoping to now write to the court stating that I have requested the evidence of the claim, I am yet to receive any and propose to set aside the claim on those grounds. Any advice on how best to proceed here welcome. If they are unable to prove their claim then surely there is no claim? I need some help and guidance on approaching this in the best possible way. Many Thanks
  2. Hi I have a long running problem with a local limited company. His latest attempt to get out of it is to resign as sole director and let the company get struck off, its now showing proposal to strike off! He has over £3000 of my money and the asset how do I deal with this, can I still take the company to court? I was hoping the fact he isn't winding the company up "properly" and taken all the assets and capital out of the company would mean he is guilty of wrongful trading and that I could go after him personally? Or am I best trying to get the faulty goods back and cutting my losses? Urgent advice please!
  3. Good evening all, I would be grateful for any advice that may be offered for the following case that I am pursuing through the Small Claims court. I have changed the exact dates, but the rest of the details are accurate: On 15 November 2013, I found a website offering for sale some consumer electronics. It was a computer peripheral (offered as a kit or fully assembled) that would enable me to expand my fledgling prototyping business. After many calls and emails with the Company Director, I went ahead with ordering an assembled and calibrated unit for the sum of £1000.00 (including courier delivery). The sale was agreed specifically for an assembled and calibrated unit, to be delivered within 10days. The director emailed after 11 days to state that he was waiting for parts and that I should receive the unit soon. Queue excuse again a few days later, but the Director offers to deliver the unit to me personally. After much chasing, a tracking number is received, but no goods. On querying with the Couriers, they state that the goods were never collected because no-one was ever found at the collection address. Repeat this cycle for approximately 6 months, at which point I contact Solicitors for advice. They do a search and advise me that CompanyA has been dissolved on the 22 June 2014 (effective 15/06/2014). No legal recourse as there is no legal entity to pursue. News to me. I complain to Companies House (CH), but am told that I had 3months to object to the Dissolution and that's that. They advise to continue communicating in the hope that the goods will arrive. The Director keeps up the promises and the goods never arrive. A request is submitted for delivery of the goods or full refund of the purchase price. This is ignored. The Director eventually ignores my emails and phone calls. The Director randomly emails me with another false Tracking Number in September 2014, to which I respond that I know he is making false statements and that I have reported him to the authorities. He replies to say 'sorry to hear but understandable. Machine will be sent soon'. I complain to Trading Standards (TS) and the Police Fraud squad (AF) and am advised that although I have no legal recourse, I should still pursue the matter by persisting in asking where the goods are/when they will arrive. AF advises that I should not under any circumstances give this individual any more money if he gets back in touch. Following the dissolution of CompanyA, I go back to his website where I find he is offering the same goods and services, but now under CompanyB. The terms and conditions on the website are still listed as CompanyA. I get back in touch with TS and AF and complain again, also contacting CH to report what I believe was Phoenix Company action. No further action by CH as he applied for Voluntary Dissolution. No further communication with the Director is received until February 2015 when he comes back on the scene, apologising and saying that's it's been all a big mix up and that CompanyB is now responsible for delivering the order. Again, news to me. I consider that maybe he is serious following the AF/TS complaints and is going to deliver the goods. On reading back through the correspondence, he does state that it is his intention to close the company 'within the next three months', but not that he has already filed the application. In hindsight, it is clearly his intent to close the company before he even resumes contact. Further, he states in a later email, that only those who have opted to NOT receive a machine would have received a copy of the DS01. Alarm bells ring and on checking, I find that he has an active application for dissolution. I am just in time to register an objection which is upheld. I notify the Director of my objection and continue to appeal to him for mediation, compromise... a solution. He repeatedly requests to discuss things over the phone and after a few weeks of waffle, I decline further contact by phone. I challenge him with regards to the DS01 and he emails a copy through, stating that he has never hidden this from me and that I should have received one in the post. No proof is provided, no communication is received from this Director or his Companies by post. Ever. I make him aware that I am contemplating legal action. His response is that CompanyB is ONLY fulfilling the orders. When I challenge his handling of the situation, his response is to ask if I want to invest £3000.00 in his business. I ignore this. A 'Notice Before Action' (NBA) is issued to his business address and home address. The home address one is signed for, the business address one is returned a month later, uncollected. He acknowledges receipt of the Notice. He misses the deadline to respond to the NBA. He later offers that funds are low, so he would not challenge legal action. He also asks that, given my history, would I be interested in an investment opportunity? I lodge a further complaint with the Director, who ignores the complaint and instead offers 49% of his business for £5000.00 and states he would then be able to issue my refund. (?) I again complain to CH. After objecting to dissolution for 6+ months, I progress to legal action. On legal advice, the Solicitor questions the ProForma, the only document I have with an order number on it. I question if it is acceptable proof of purchase and he agrees that it is. It is unclear who the liability for the ProForma is with - I assume it is with the Company. Solicitor advises naming Director and Company jointly, which I do. On investigation since submitting the Claim: The Director is sole member and sole Director of Companies A, B and C. (You cannot deal with anyone else in the company other than him: He is a one man band.) I find that the Director's DOB on the Certificates of Incorporation are listed differently between CompanyA and CompanyB. CompanyC is registered with incorrect Director's contact details. Director is later removed and reinstated with contact details for CompanyB's business address. CompanyB and C share the same trading address. The Director alleges that CompanyB and the unit are closed, but on investigation, I am told that the named unit is occupied with an active lease and no notice of termination. CompanyA's application for Dissolution was dated 3 months and two days after I sent the payment (17/02/14 and 15/11/13 resp). Granted he has not (to my knowledge) traded within that 3 month period prior to the application - I question whether there is an indication, seeing as how there were 2 days between sending the money and making the decision to no longer trade; that there was an intent to take the money without ever fulfilling the order. This would seem to be corroborated by not being notified of the Dissolution of CompanyA. CompanyA and the Director are repeatedly named in a user forum specific to this industry that I recently find. There are numerous complaints almost identical to my own. It appears that previous legal action has been settled in mediation with questionable/pitiful results. No accounts have been submitted for any Company. Only one return is ever filed for CompanyA, and all documents show as Outstanding (that's not for performance) with CH. As all have been/ are being Voluntarily Dissolved, CH will not take further action, even in light of his failure to notify Creditors and suspicions of sharp practice. These are stated offences in the Companies Act 2006. The Solictor's reaction to the ProForma bugs me. There is a logo that states CompanyA, but the only mention of LTD is under his name as Director of CompanyA Ltd. There is no inclusion of the Company Number and no VAT details. The office address is both the Company's address and the Director's home address. No invoice or receipt is ever received from CompanyA. I only have email confirmation that the Director received the money. Is the ProForma proof of an agreement between the company and myself, or the Director and myself? I call HMRC for clarification, they advise that the ProForma I originally received is not a recognised Invoice. It is considered to be a quote for goods and services. They cannot comment on whether the agreement is with the individual or the company. CH advise they cannot comment on the legality of the document, but based on my continued evidence and pending court case, the objections are being upheld pending Judgement. Director contacts me to complain that I have named him personally as a Defendant. I ask him who received the original payment. He does not respond. The Director has just defended the claim against himself, but nothing has been received for the company. Default Judgement has been removed now that his defense has been submitted. His defense is that the order is with the Company and that I already know this as I am objecting to it's Dissolution with CH. He states that he has sent me the DS01, (which he did, but only after I demanded a copy of it (and months after the application was submitted)). Whilst I have continually tried to be reasonable, his persistent evasion of any credible information leads me to believe that he is either incompetent or blatantly defrauding his customers. I only have his word that the goods exist and that the agreement is with the Company. As you can imagine, after 2 years+ of outright deceit, I am very suspicious of anything he states. I believe that I am waiting for a question pack from MCOL in order to progress to Judgement, but am concerned that the debt is going to be lumped on the Company and he'll close it without paying. Actually, I think it's obvious that he has been trading whilst insolvent, but I do not know what further powers (as a Creditor) I have to prove/charge him as personally liable. Was I wrong to name him as a Defendant in the first place? The claim covers the basic facts, but I am concerned because of the preconceived response to Director's liability in these situations. I don't want to waste the Court's time, but I do want to submit as much documentary evidence as possible for the Judgement. Is anyone able to offer any further advice? Many thanks in advance for your help.
  4. My partner bought his bungalow end of 2013. Prior to the purchase a Private Search of Local Land Charges was made. We have concerns about the search because we received a letter recently from Hampshire County Council saying that they are install double yellow lines outside the front of the bungalow. This has been called a Traffic Order proposal. We objected to this immediately, the Council wont install a disabled parking bay outside the front of the bungalow claiming its too close to the junction, we disagree. They wont allow us to park the car in the garden again claiming its too close to the junction. Again we disagree. If we had known about this before purchasing we would have pulled out. We are a blue badge holder, and we feel the council is beyond uncooperative. We have contact the local mp to see if she can help but to also find out exactly when the traffic order was approved. We understand its been in the pipeline for years. Surely this should have been picked up on the searches? Can anyone please give any advice, we are distress by this as we wont have anywhere to park.
  5. hi ever one ! my company has proposed to reduce my hours from 35 to 25. the reason is to reduce wastage. i have worked for the company 9+ years. we are 4 full time staff and 7 part time staff. when i started work at this company, we were 3 full time and 1 part time staff. our duties were receptionist, meet and greet. The company employs now 4+7 =11 staff in total doing the above job. We all working for the same company and branch, at BMW the manager has proposed for me and other 1 person called janet to reduce our 35 hrs to 25 each. the other 2 full timer, no changes. when i asked y , he said that joo is works in different dept so it does not effect her, and for elli he said she has worked 11+ years , so it does not effect her. =============================================================================== change in terms and conditions of employment: the company reserves the right to amend / alter your term and conditions of employment to meet business needs and accordance with changes in employment legislation. ================================================================================ my question? (1) does the manager has write to reduce my hours on the ground of “reduce wastage” ? (2) there is no other clause on my contract, that will allow him to do that, apart from the above. (3) he has not reduced any hours for the other 2 full times , doing same job i do. Can the manager do that?? (3b) the girl who has done 11+years service , there is no change, so Y is it, there is a change on me, when I have done 9+ years service. ? (3c) The 2 part timers been there less that 2year, just reduced 5 hours a week each. Could he not sack them. The mistake the manager has done is that he has employed 1 too many part timer’s. (4) and also reduce 5 hours each for 2 part timer and increase 2.5 hours for 3rd part timers after the second meeting with him. No such a change to me considering I am going to loss 29% of my income. Can he do that ??? (5) is the manger write to say that joo doing the same job does 45+ hours, does not be considered to reduction in hours as she works in the different department. Even though we mend her desk during lunch hour. (6) Before the changes about a year a go, we all receptionist use to do rotas on job describe in (5). Is it possible to bring this argument at a tribunal? (7) out of 200 staff at my branch, he is saving between 20 and 22.5 hours. He could have done cuts on “over lay” all staff, were feasible to part time and save the company hours, is it not possible to also bring this argument to a tribunal any help will be appreciated.
  6. On 12 November Ofgem issued notice of our proposal to revoke some of the provisions of the confirmed Provisional Order against Economy Energy following improvements in compliance. Read More Here: https://www.ofgem.gov.uk/publications-and-updates/economy-energy-provisional-order
  7. Ok sorry if this is long winded I will try to keep it brief. I've been in my position of Project Engineer for 2 years. My project in that time has been a nightmare but thats plainly down to outside sources effecting it. I have literally just solved the issue which has been tormenting everyone and yesterday received a letter summoning me to discuss various aspects. A HR advisor was present and I was told I could bring a representative etc. Now I have been unhappy in this job for at least a year, after hearing this discipline procedure I immediately felt like quitting but thought better of it. I had the meeting today where my manager and director discussed the points. I wasn't given any evidence on the points they made, and the issues were very minute compared to other engineers errors. I feel very singled out, my former manager is very much best mates with the engineers and me having a young child and commuting left me ostracised from the close knit group. I don't feel the dismissal I received was justified what so ever, no only that, I put my case across to only be handed a letter already printed out stating settlement terms. Surely this goes against the procedure to already have a decision without obtaining the facts? I do not want to return, I have been placed on garden leave but can I negotiate the terms? I have a young son and partner to support so dont want to entirely jeopardize the current offer which they obviously told me was generous. I have been offered; £930 tax free (assuming this is the statutory amount) Pay in lieu of notice period of 1 months pay Payment for outstanding holidays An agreed reference Outplacement support £250 towards legal fee's Does this seem fair? I figure I could last 3 months before running into financial difficulty. Thanks for any advice.
  8. Hi All, I've got a question on redundancy and wanted to get an understanding on the level of detail or justification I'm entitled to which was used in determining if a role is redundant - hope someone can help. I've been placed in 'pool' for selection for a reduction in headcount, no change to role. The question as to why head count is being reduced (seeking justification) has been asked and the response has been that this information is not being provided. I've been invited to submit a counter proposal to the reduction via the collective consultation process, which I will do regardless, but wanted to understand if my employer is obliged to justify the reduction in business terms (do they have a valid reason, accounting or strategic etc)? Many thanks! Mr P
  9. The EU next month - September - is trying to push through the following: Make selling anything less than a packet of 20 illegal Withdrawal of Menthol & other flavoured cigarettes Withdrawal of slim cigarettes Minimum sale size of RYO tobacco to be 40g
  10. Hi all, I need some advice. I am an Irish citizen but have lived and worked in the UK since 2009. Due to the economic situation in Ireland there are no jobs in my field in Ireland and not likely to be any in the foreseeable future. I have an outstanding credit card debt since I was a student in Ireland. I have been trying to pay it off since 2000!! Unfortunately I still owe 1000 Euro's on it. I chopped up the card years ago but cannot seem to get it paid off!! The latest letter states that if I continue to pay the minimum amount on the debt I won't have it paid off till 2031!! I am just so tired of getting the letters etc. and would love to just pay it off however I cannot afford to pay it off in one go. Today I decided to phone them to propose to pay £500 to settle it. They basically said that would not do at all and the minimum they would agree to is 900 Euro's. I explained that I do not have that amount and that I only have £500 and is it not better to get that than dragging it out, on and on...They said they would send a form I think a budget form and to fill it in and then they would see but I do not think that will make any difference. I am actually moving to the Middle East in a few months so just want it off my back before I go. I was going to get a U.K. credit card as I have no debt here and do a money transfer on a low interest deal but I got cold feet in the end and cancelled it. I have learnt my lesson about credit cards and never want to have one again. Any ideas on what I can do? Do you think it is a reasonable amount I have offered in your experiences or am I being completely naive? I am still being charged interest so will never be able to pay it off at this rate. Any advice is appreciated. Thanks for reading.
  11. Hi. I have 2 accounts, isme and littlewoods. Most threads you will read that pay them £1, non prioity debt etc and that is true but I want to pay them off as quick as poss so have done the following: I wrote and emailed payment proposals that were flatly refused, I then sent emails to the CEO and got them to agree to MY offers and freeze all interest and charges for 12 months (so far ) Details are the same as the following thread as it worked so i passed it on: http://www.consumeractiongroup.co.uk/forum/showthread.php?340272-Very-and-isme So now i have the payments i can afford in place with no interest, today i have sent a SAR so i can then reclaim any charges or late payment charges etc. 40 days tick tick tick
  12. Hi, I had a debt of £328 old council tax bill or something from 2003 that came back to haunt me. Philips got hold of it, put their fees on and said they wanted £110 a month. I told them that was impossible, I just couldn't afford it and offered them £50, they refused. I paid £100 after scrambling money together, but it was late, and hence they sent another bailiff round, and added on another £200! So I have kicked off and told them I just can't afford £100 every month, now they are saying I have to pay £240 a month, or £60 a week. I have written back asking where is the logic in doubling a payment plan that I couldn't afford in the first place. Can anyone help, they are saying if I want to pay £50 a month I can, but they'll still send bailiffs round and every time thats another £200 right? It seems crazy. Cheers Jay
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