Jump to content
  • Tweets

  • Posts

    • Serco are not up to the job, but director's of Serco are buddies with Ministers handing out contracts like confetti on the back of Covid.  Track & Trace and Isolate should be a LA competence, not private firms on the make.   Interesting blog today, the genesis of the crisis started with Blair in 2005, subsequent administrations did nothing to improve responses to pandemic.   https://www.turbulenttimes.co.uk/news/corona/scared-to-death/    
    • Independent Sage met yesterday and has a new report out.   They think the national test and trace system doesn't work and are urging the government not to renew Serco's contract. They say the job should be done by GPs and local public health people who are already deal with the more complex cases and care homes.   https://www.independentsage.org/an-independent-sage-discussion-document-on-contact-tracing-and-self-isolation/
    • Thanks for your reply.   I don't have the money to get the repairs or inspections done to be honest.    It's a BMW 1 series.   I've learnt my lesson. I was having a pretty hard time with my health to be honest at the time. I bought it as a present to myself but was too trusting. 
    • This is a tricky one, BMW's , wide wheels, low profile tyres, stiff suspension over deviations, German Cars are known for that.  It might have winter tyres on, that would cause a rumble. My Volvo is also very weird like that.  It could also be a wheel bearing, which isn't expensive but would need to be done. Why not take it to your mechanic for a an inspection, or the AA/ RAC also do that.  I've learnt the hard way that's what you need to do before you buy the car,    What BMW is it?  I would only buy this brand of car at that age if it had a full history of every service and everything that has been spent on it during it's lifetime.
    • If you get somebody to cover for you on those last three days, are you saying you are OK?  ie you don't need to go to work in your old job and you can start the new one?  So that gives you what you want - yes?   If you can't get somebody to cover for you, you've got two potential courses of action - which may or may not be mutually exclusive.  First, ask if you can move your termination date forward by three days.  Obviously you won't get paid for those three days and whether your current trust will agree to this depends on what sort of relationship you have with your manager and how much they will need you to work those three days - or how easy you will be to replace.  If they say OK - you win.   Second, you don't turn up for work on those three days.  You will then technically be in breach of contract and in theory the trust could sue you for any financial loss they suffer as a result.  This would be the cost of employing somebody to replace you for those three days.  Will they need to replace you?  I suspect they would not bother to sue you, but nobody can guarantee they won't.  And what if you want a reference from them in future?  If you've already asked to bring your leave date forward, and they've refused, they may rightly conclude that you are taking the pi$$ if you don't turn up on those days, and they won't like it - or rather they won't like you...   Or, as I said before, get your new start date put back three days.   The thing is, your current employer can't extend your notice period unless you agree.  If they won't allow you to take leave owing to you during that notice period, they should pay you for it.  Whether you should write to them as I suggested earlier is more complicated because the situation is much less clear cut than you originally outlined.  (You had implied that they had already refused your request to take leave owing to you during your notice period and that you would have to extend your notice period to allow you to take that leave.  That isn't quite the position, is it?  And they haven't actually said they won't pay you for any leave you don't take, have they?)   Two other things: first, are you changing employer within the NHS?  If you are, it's a possibility that questions may be asked if you are in the pension scheme and you have two periods of full-time employment that overlap.   Second, your manager's email refers to "your last working day".  This is a little ambiguous and can cause a lot of confusion in the NHS.  You may wish to check whether they mean it is the last day of your employment (ie including any leave you are taking) or is it the last day you are actually present working.  Do you see the difference?  Managers often get hopelessly confused by this without HR guidance.  (And HR often get it wrong).   It's a pity you can't or won't seek union guidance if you are a member - that's what you pay for.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
style="text-align:center;"> Please note that this topic has not had any new posts for the last 4034 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello to all

I recently cca'd a few companies, and their time has lappsed and yet they still call me requesting payment, I explain the scenario with section 74 (is that correct) and they say they know nothing, but I have the sig reciepts.

 

So what is my best plan of action now. the biggest problem I have is with Portland house (monument) 3 calls a day 5 days per week, will the harrasment letter help????

 

Cheers

 

Mr W


Regards..Mr Worried :)

Share this post


Link to post
Share on other sites

send them this

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

and this

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites
send them this

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

and this

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

 

WONDERFULL RESPONSE....THANKYOU ITS GOING IN THE POST TODAY

 

Mr W


Regards..Mr Worried :)

Share this post


Link to post
Share on other sites

I'm in the same situation!! I sent cca's to all the debt collection agencies after me and they totally ignore me :confused: i've also sent letters about the telephone calls and again ignored!! I've even offered payments to which i can afford and they are either ignored or rejected!! So i just give up and when i recieve a letter i just email them if possible and tell them to go ahead and take me to court and let the judge decide!! Cause there is no point trying to get through to most dca's they are not interested at all so whats the point lol :rolleyes:

Share this post


Link to post
Share on other sites
I'm in the same situation!! I sent cca's to all the debt collection agencies after me and they totally ignore me :confused: i've also sent letters about the telephone calls and again ignored!! I've even offered payments to which i can afford and they are either ignored or rejected!! So i just give up and when i recieve a letter i just email them if possible and tell them to go ahead and take me to court and let the judge decide!! Cause there is no point trying to get through to most dca's they are not interested at all so whats the point lol :rolleyes:

 

Well done sonna, quality;)

Mr W


Regards..Mr Worried :)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...