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    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
    • Glick, is that rhyming slang?   Nice if you could phrase your own opinions an thoughts.
    • Thank you for the clarification, people should be along to advise later.   HB
    • Anyway now I am repeating myself.I will say that, if the Magistrate is merely witnessing the Declaration was made, why in part 23 does it say the court may accept service of such a declaration .   Section 14 of the majistrates act sub 3   And I am also repeating myself when I say the SD will be examined if out of time. I mean it says so on the application for god sake. The fact that such an application is not applied straight to the court should be A clue As for the points you keep raising about misreading the OPs original post, it happens, get over it. It makes me think your comments are more personal than about the issue.   Glick, is that Bluebottle by any chance, well well?    Indecently I never said anyone will be interrogated here, that was you,   An SD is not proof, you said that yourself, as does the old act.   As for making a deal on how to plead, really, so what does the prosecutor tell the DVLA.
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Durkin

Default damages [PCWorld wrong laptop sold & HFC Finance]- Supreme Court

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just read about this in the DM.

 

i always thought that if someone sold you something and it wasn't as described you are by rights allowed to get your money back.

 

hope you get the outcome you are looking for.

 

beggers belief that this has went on for so long

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I've just read about you in the DM too. I didn't know about your case before today.

 

I thought the same as flynnsmum. They obviously should have refunded you and cancelled the credit arrangement immediately.

 

I wish you all the luck in the world. You are absolutely amazing to take them on like this.

 

DD

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Ive said this privately so will say it here thank God for guys like Richard.

 

Most of us after 16 years would of called it a day, to get any sort of legal help he would have had to bang hes head against walls so often I wonder if he has any of hes own hair left.

To win then get overturned as often as he has yet somehow keep himself focussed and hes legal team backing him up without just giving up is nothing short of astonishing.

 

I personaly take inspiration although no hope from hes stance and from bottom of my heart support him getting whats right as I feel we all do.

So many things wrong so many people know it yet as we read its a near impossible task to get it put right lets hope the system changes now but would like to thank Richard for hes sacrifice as the rest of us can take precedence if nothing else from hes hard work

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That's beautiful Sam. Thanks very much. I just hope the Supreme Court does the right thing.

 

Richard.

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Maybe the Supreme court needs to know what your doing gives so many of us a little hope.

Bottom line is if the banks are made accountable they wont do things like this

May I ask the forum owners why havent we organised a trip to court in support? regional travel sharing etc

Debtors are under dogs and with respect without people like Richard Durkin who is taking all the risks and humility a debt advise forum would be pointless and toothless

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Hi Folks,

 

News just in last night that the Supreme Court have ruled by majority that they're not willing to consider the Section 56 argument.

 

Although it fits perfectly with the condescendence, facts and evidence, previous counsel did not put enough emphasis on it.

 

This clears the path for the court to sort out Section 75 for the benefit of all of us.

 

The fact that 2 of the justices were willing to consider Section 56 bodes well as that would have blown HFC clean out of the water.

 

Cheers,

 

Richard

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Hi Folks,

 

News just in last night that the Supreme Court have ruled by majority that they're not willing to consider the Section 56 argument.

 

Although it fits perfectly with the condescendence, facts and evidence, previous counsel did not put enough emphasis on it.

 

This clears the path for the court to sort out Section 75 for the benefit of all of us.

 

The fact that 2 of the justices were willing to consider Section 56 bodes well as that would have blown HFC clean out of the water.

 

Cheers,

 

Richard

 

WTF

 

Why, is this just because it was not sufficiently raised in the earlier case, what about fairness, and ensuring that justice is done.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

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WTF

 

Why, is this just because it was not sufficiently raised in the earlier case, what about fairness, and ensuring that justice is done.

 

WTF is probably the most widely used acronym for this whole case.

 

However, the theory is that justice will be better served by straightening out Section 75 knowing that Section 56 would have done the job.

 

We still expect justice will be done. Just a little more long winded.

 

Richard

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WTF is probably the most widely used acronym for this whole case.

 

However, the theory is that justice will be better served by straightening out Section 75 knowing that Section 56 would have done the job.

 

We still expect justice will be done. Just a little more long winded.

 

Richard

 

Yes very nice for the rest of us Richard but it must feel like an aspect of your defense has been denied you.

However onward and upward, the section 75 argument is a good one IMO and i am sure you will win out in the end.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Yes very nice for the rest of us Richard but it must feel like an aspect of your defense has been denied you.

However onward and upward, the section 75 argument is a good one IMO and i am sure you will win out in the end.

 

Thanks DB.

 

Remember though I'm not the Defender. I'm bringing the bank to court in the pursuit of justice.

 

Hasn't been easy and in my opinion, they're just perverting the course of justice.

 

You're spot on about how I feel. I am a surveyor. I must rely on others to deliver justice.

 

Cheers,

 

Richard.

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New government petition to tie in with Supreme Court showdown. "]

Signed Up:-)

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Good luck for tomorrow Richard.


 

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You should be able to watch this here I believe

 

http://news.sky.com/info/supreme-court


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Wow..that made for some very interesting listening...Good luck Richard.


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As sad as I am, I have just watched the proceedings and fascinating it was too.

 

How it ever got to this stage is totally beyond me as (IMO) the facts speak for themselves.

 

Richards contract should have been cancelled on return of the laptop, PC world should have sent the money back (if they ever received it in the first place) and the bank should have torn up the contract. Simple? No?


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I also wonder what 'duty of care' the bank followed before filing the default. As we are aware, most defaults are automatically done and little or no checks are made. The bank were (or should have been) aware of the dispute and as such should never have placed the default.

 

Their actions caused Richard a loss (IMO)


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As sad as I am, I have just watched the proceedings and fascinating it was too.

 

How it ever got to this stage is totally beyond me as (IMO) the facts speak for themselves.

 

Richards contract should have been cancelled on return of the laptop, PC world should have sent the money back (if they ever received it in the first place) and the bank should have torn up the contract. Simple? No?

 

Yes indeed and this would have been the scenario if the section 56 argument would have been taken up IMO, the problem is can the section the 75 point be made to perform the same function, it is to be hoped so, or failing this, can there be some common sense judgment can find another way around the issue


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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http://www.consumeractiongroup.co.uk/forum/showthread.php?416229-Campaign-to-stop-Banks-and-Retailers-reporting-to-Credit-Agencies-for-non-existent-debts

 

I have copied the link to the e-petition to a thread of its own (it is still in this thread as well).

 

I have signed it and asked friends and family to sign as well :)


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You should be able to watch this here I believe

 

http://news.sky.com/info/supreme-court

 

Wow..that made for some very interesting listening...Good luck Richard.

 

How do I find the bit I need to listen to - I have a blank screen which says they are currently in recess ?


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HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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How do I find the bit I need to listen to - I have a blank screen which says they are currently in recess ?

 

As it was live, I don't think there is a recording of it - yet. I get a blank screen too- now! as the hearing is finished


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