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    • hi all.   In April 2019 I posted about owing 2.3k to PayPal, who sold my debt to Wescot.   Since then there has been a long war of words, mostly thin assertions that 'PayPal has advised us that...', and signatures from staff at PayPal that are supposed to prove that I owe the debt.   I've recently moved house, and am considering my options with the case going forward; I had initially intended to cut them off after the last year with no definitive proof, saying in my last letter that I trusted the matter was closed, providing no forward address.    However, after doing some more research recently I'm slightly concerned about what might happen if I dont keep them at arms distance with letter disputes, and that they may sue me and add the court bills through a CCJ (County Court judgement.) What is the liklihood of this or them finding my new address?    I'm also slightly concerned how my letting agency may react if against odds Wescot send bailiffs to my previous address, as this was with the same letting agency I use with my current house, and also where they will likely continue to send letters.   Advice?   Thanks. -b
    • They automatically sent me a few refunds from charges but I believe they weren’t this account it was another overdraft current account I had with them.   There is a letter in the SAR for the other account number about a cheque refund   I never contacted them
    • You indicated earlier you have already successful ly reclaim ed charges? DXx
    • So that amounts to about £700 at the current date today (with the formula back in)   Do I contact HBOS about these? I looked in the debt collection library but couldn’t see an overdraft letter.   Or is it a case of leaving it
    • If a bailiff does turn up, do not let him in he might try to "persuade" aka bully you into paying the debt as he might try to claim he can force entry, can only do that for a Criminal Fine.   Tell him/her, that named debtor does not live there hasn't for last 12 months, he took his property with him, so nothing is his.  Offer to show a Council tax bill showing you as sole liable person.   Other option is to get a Statutory Declaration sworn at a Solicitors that all property in the house is yours and named debtor is not a resident, and get a couple of Notorised copies, and hand one to a bailiff if they call.  Other thing is if you have a car, they might go after that,  so showing V5 and insurance in your sole name helps with that one.   Above all don't worry, also film them with a mobile to capture any threats.   Unclebulgaria is correct that they shouldn't call if they have a current address, might be worth telling them where he is if they did call on you.
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Bad references and no holiday pay

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Hi, about 4 months ago, my employer started to underpay me, at first it was the agreed overtime not paid, I had to get up at 4am to drive to from north wales to south wales to another depot (not in my contract) and they agreed to pay my overtime, then didn't, then the next month they underpaid my normal salary just like 90 pounds here, and again the next month.


Then I injured my back, and tried to carry on working, they told me the insurance wouldn't cover me, and made me take a few days off. They then refused to pay me for these days.


Desperate by now for money, as I had been underpaid for many months I called ACAS who spoke to them, the following monday I was 'made redundant!' :Cry: My boss promised me the rest of the months pay, my holiday pay (2 weeks) and the money he owed me from the previous months and he'd pay it on the friday. He didn't, it took him another 4 weeks to pay anything, and then he just paid for the week i'd already done of the month, and 1 weeks holiday pay, nothing else! :mad:


Now he's claiming he doesn't owe me anything, that he never said he would pay the month and that I only had 1 weeks holiday pay left as I took a week in feb. Now I DID take a week in feb, but only because I had booked the week off over christmas, and then the DAY BEFORE my holiday, my boss cancelled it and said I had to work instead!!!! I told them I would work, but they had to pay me for my accrued holiday before the end of the year. They didn't, and so I said pay me by end of Jan, they didn't, so I took it off! So it was last years holiday.


Now, I've got a new job and put my boss down as a reference, today I'm called in and told that my boss has said it MY fault they had to close our depot and make us redundant, because I didn't work hard enough to make it work!!!! My job is at risk here, I've spoken to ACAS who are trying to put me off taking legal action or going to tribunal, saying it will cost everything I'm owed (about 1000 pounds). But I don't know what else to do. Please can someone help me? :?

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Hi there.


Few issues here; your ex boss sounds like a right charmer! You're best off out of it in the long run. I'm afraid this post isn't going to be v. positive (or what you want to hear) but here goes anyway:


OK. How long were you employed by your previous employer? If it was more than two years you'd have been entitled to statutory redundancy pay; you don't mention it so I'm assuming this is not the case.


A verbal agreement with your boss is worthless. With someone as clearly unreliable as this one everything should have been in writing. The only thing of any immediate signficance is the contract & terms of employment.


You may find that the practice of "carrying forward" annual leave from one year to the next is at the discretion of the management. Now cancelling leave according to the needs of the business isn't unheard of. Unless there is something in writing here this is going to be very difficult to prove. Your boss can deny cancelling the leave & yes, you did finish the year with untaken leave, but were aware of the fact that leave was not carried forward. Witness statements would be the only way around this as far as I can see.


One thing that struck me from your post is there is no mention of any pay in lieu of notice. You should have been paid for whatever notice period you're contract dictates your entitled to (anything between a week & a month normally although some managers contracts have three month notice periods).


Now the reference issue is a different story. If you were not the only worker there could be a very clear case for defamation & / or slander. ACAS may be trying to cover their backs here too. Don't lose sight of the fact that you called them in to arbitrate on your behalf & within a week you're out the door. I'd be asking them to explain themselves on that front too.


Given this guy's track record; I think I'd be asking myself how likely is it that I'd see the money owed without purusing legally. Don't forget there is also a potential for compensation for the defamation / slander too. If your former employer is registered with the Information Commissioner - check online at Information Commissioner's Office - ICO you could be cute & do a s.10 Data protection act 1980 data subject notice to them (you would be a data subject as an employee). Templates (that will need slight amending) can be found in the Debt Collection library.


Good luck!

"Evancosmo" is short for the evanescent cosmopolite.




1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09


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