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    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
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Hi,

I'm attending an Employment Tribunal hearing this Friday, and I need some advice please.

 

I was dismissed under Gross Misconduct for Fraud, asI used to sell insurance for handsets. 3 customers rang in to say that they didn't want the insurance, so the company thought that I had applied the insurance onto their account to get bonus from the company in a fraudulent manner.

As a good sales person, the company didn't believe me, they just think I acheived a good conversion through deception.

I was a happy individual, now I am on medication for depression and I am scared to tears about what will happen on Friday. In addition, they said that this case has been brough in a vextacious and revengefull way to obtain monies from the company.

 

Any and all advise will be appreciated greatly. Thank You to anyone and everyone who replies in advance.

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?

 

 

Hi,

 

No

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?

 

 

Awaiting your response ...

 

In answer to your question - Going to the toilet is a human right. You dont have to put your han up to go to th toilet, & it is common in a call centre environment to 'account' for every minute of the day. If you have a medical condition which means you have to go frequently or you have to be away from your desk a lot longer, you cannot be penalised for this. Get a medical note to support this if applicable.

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?

 

 

as above


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?

 

3 customers called in to say that the insurance products was applied onto their accounts. No calls were recorded to prove my guilt & they dont believe in my innocence. They think I committed Fraud to obtain bonus from the company.

 

Notes printed from customer's accounts, and managers belief in my guilt seems to be what they are basing their case on. I was a good employee, no addence, sickness or behavioural issues were outstanding.

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Had you noted accounts to suggest that the customers did want insurance when they didn't?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Had you noted accounts to suggest that the customers did want insurance when they didn't?

 

Yes when applicable, but the customer involved did want the insurance & they have 14 days to change their minds, which i believe some customers did.

I believe the company's belief that I committed this act is an important point which I will addre3ss at the tribunal. My own manager said to me when I was escorted out of the building that he believed I had done nothing with any malicious forethought, it was just that 1 of the customers wanted to complain to the FSA which the company didn't want - they sacrificed one employee to protect the reputation of the company.

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ok, thanks for that. From what I understand, there is no way that fraud can be proved.

 

Ignore the big words and terminology, explain your position and your version of events, the chair will ask for evidence to support this, you do not have any, as the calls were not recorded, and therefore the issue cannot be proved nor disproved.

 

I think most employers would inform the police of fraud or alleged fraud, the fact there are no criminal charges suggests again that this cannot be proven.

 

The chair will also ask for evidence to support their allegations, they too dont have the solid evidence.

 

Please dont get your hopes up based on my advice, but I just cant see this going in favour of your employer.


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Had you noted accounts to suggest that the customers did want insurance when they didn't?

 

disregard my last post.

 

I only noted customers accounts if the insurance has been accepted by the customer, & I had read out the Care insurance T's & C's.

 

If a customer had changed their minds after the product had been applied, I would have requested the product to be removed

 

Sorry about last message - its late & Im tired.

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no problem, my comments still apply- let them prove it. Good luck and keep us updated


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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ok, thanks for that. From what I understand, there is no way that fraud can be proved.

 

Ignore the big words and terminology, explain your position and your version of events, the chair will ask for evidence to support this, you do not have any, as the calls were not recorded, and therefore the issue cannot be proved nor disproved.

 

I think most employers would inform the police of fraud or alleged fraud, the fact there are no criminal charges suggests again that this cannot be proven.

 

The chair will also ask for evidence to support their allegations, they too dont have the solid evidence.

 

Please dont get your hopes up based on my advice, but I just cant see this going in favour of your employer.

 

Dont worry - I appre3ciate your reply. I wouldnt be taking the company to an Employment Tribunal if I was guilty. My conversion was higher than anyone in the team and therefore, the only way they could interupt these results was to accuse me of 'fixing the stats' - by trying to acheive volume to obtain bonus from the company fraudulently.

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no problem, my comments still apply- let them prove it. Good luck and keep us updated

 

Thank You.

 

The onus is on them to prove that did commit Fraud. I will fight this, as this has caused severe depression & financial hardship>

 

I will keep you updated - Thank You again for your advice. I hope you read my reply to your 'convenience' question.

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