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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments.   11) The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   12) The claimant states that a default notice was issued on 18thJanuary 2017. The notice of default provided by the Claimant, dated, 18thJanuary 2017. The payment date requested by Vanquis Bank Limited,  28thFebruary 2017. The formal Notice of Default that was allegedly enclosed at the same time displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   13) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   14) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   15) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   16) It is denied a default notice was ever received.    17) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    18) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   19) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
    • Brassnecked you said DCBL are being toothless bullies but as the letter says, 'This case is not subject to high court or bailiff action', I was assuming they wouldn't be allowed to visit the property anyway, and even if they did, they aren't entitled to enter or to take anything away,,, isn't that the case?
    • you should be reading up between the diff stages of the claim CAG is self help too!!   no to mediation  1 wit you the rest is obv   3 copies  court their solicitors your file
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does anyone know whether it is legal or illegal for an emplyer to make deductions from wages without giving notice.

 

my partner was due to be paid on the 28th of the month but wasnt paid till the 29th when his pay slip came his employer had deducted £220 for an item of plant that had been stolen from his work van.

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yes i believe they have to make the person aware - and why would you husband be liable for that anyway?

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EMPLOYMENT RIGHTS ACT 1996 Part II (ss.13-27) and s.230(3)

 

BASIC POSITION

The main effect of Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27) is to make it unlawful for an employer to make any deduction from the wages of a worker employed by him unless the worker has agreed in writing to the deduction being made or it is required by law (eg deductions for PAYE and national insurance).

If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer. In other words, the employer is not entitled to take the law into his own hands. Thus if, for example, an employee does not return property belonging to the employer after being dismissed, perhaps a computer or some safety clothing, the employer is not entitled to deduct the value from the final wages payment due unless the employee has agreed in writing that this can be done.

"Wages" includes any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise (ERA 1996 s.27 and see notes at Deductions from wages etc/meaning of ''wages'' ).

The rules do not of course remove an employer's right to recover money properly due to him from an employee (eg typically to recover an overpayment of expenses or wages). What they do mean is that, save in a few special cases, the employer is not allowed to recover the money by taking the law into his own hands and deducting it from future wages without consent of the employee (see Deductions from wages etc/deductions from wages, salary or pay/general rule (basic position) )

 

Hope this helps

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I guess it all depends if there is anything in your husbands contract about it and if he signed it.

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I guess it all depends if there is anything in your husbands contract about it and if he signed it.

 

 

in his hand book that runs in conjuction with his contract it say that any loss of equipment by result of negligence will make the employee fully or partly to pay for the loss

 

if he fails to pay it will be deducted from his wages.

 

surley if he has to fail to pay he must be told that he has to pay for loss in the first place

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does it say anywhere he would have signed that this would be deducted?

 

i.e. do you have to sign the handbook or anything?

 

I gather from the above unless he has signed to say he accepts its an unlawful deduction.

 

So if it's just written in the book and there is no signing section it is still unlawful.

 

And how do they quantify who is fully or partially liable?

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does it say anywhere he would have signed that this would be deducted?

 

i.e. do you have to sign the handbook or anything?

 

I gather from the above unless he has signed to say he accepts its an unlawful deduction.

 

So if it's just written in the book and there is no signing section it is still unlawful.

 

And how do they quantify who is fully or partially liable?

 

all he has signed is his contract

 

as for who is liable and who is not i dont know because other members of staff have had the same plant equipment stolen and not been charged for it

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then too me that sets a precedent - if they haven't charged others but want to charge your hubby that is wrong.

 

And if there is nothing in the contract about this deduction it is unlawful.

 

I would write to them in the first instance outlining the employment rights act as above and that you feel he is being unfairly treated as other employees have not had deductions in the same circumstances.

 

Ask for the money to be repaid immediately.

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thanks for advice andie

he has now spoken to union rep who has told him to start greivence procedures as there are other things thatneed to be addresssed

 

do u know where i can get a template of a letter neither of us are very good at writing letters

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I'd suggest that you follow andie's excellent advice, with one small alteration.

 

He should speak informally to his employer first saying that he feels that he is being unfairly treated as other employees have not had deductions in the same circumstances.

 

Ask for the money to be repaid immediately.

 

If that doesn't work then send a grievance letter.

 

I'd keep it simple and just put:

 

Grievance.

 

Date.

Dear (line manager)

 

I believe that the deduction of £220 from my wages paid on 29.07.09 may constitute an unlawful deduction from wages as described in the Employment Rights Act 1996 Part II(ss.13-27) and s.230(3).

 

I request a formal grievance meeting to discuss and hopefully resolve this matter.

 

Yours etc.

 

It might be a good idea to deal with the other issues separately. It depends on when they arose. See link below.

 

Raising a grievance : Directgov - Employment

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hi just an update

 

my partner put his letter of grievence in on monday and was told he had been told and that his boss was with-in his rights to deduct pay for the item stolen

 

so my partner said he wasn't happy with the out come as he had not been asked or written to about this deduction and asked for a meeting with his union rep and the boss and supervisor

it was arranged for mondoy

 

then yesterday he was suspened for a health and safety breach.

he was told the poeple that employ them as subcontractors want him off the contract.

 

dont know what he should do now

it seems to me that they just trying to get rid of him now that he raised the greivance

 

can anyone suggest anything?

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