Jump to content
  • Tweets

  • Posts

    • My job I've been in for 8 years, my contract is to give a week's notice.   I have 10 days holiday coming up starting next week. If I message the boss 3 days into that holiday and tell him I'm not coming back can it be used as 7 days notice (ie a week). I have a lot of holiday entitlement left this year about 70 hours.   So 2 questions please without judgement just facts:   1. If I phone boss three days into my 10 day holiday next week to formally tell him I'm quitting is that legal? 2. Can they get out of paying me my 70hrs holiday entitlement if I take that route?   (Massive global company not one man and his dog operation, if it affects the advice)  
    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
  • 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
the tinkerman

Help Please! - re LEGALITY OF ASSIGNMENTS & ON INTEREST AFTER JUDGEMENT

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3626 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

Hi All

Try and condense this as much as possible,

had loan over 10 years ago for 5k, APR was 50% got into difficulties and ended up with CCJ 10 years ago for figure of 12k and was ordered by the Judge to pay £5 per month and paid it to their solicitor ever since.

 

Never once missed payment up-to-date but had an absolute assignment sent to me by a DCA back in Aug 2003 saying that they had bought this debt back in October 2002 re various legal assignments from the OC and to carry on making my payments to the solicitor.

 

Since then this DCA has been trying to get me to pay more of which I told them I could not and in 2009 I received a letter from them stating that interest is being applied to the original judgement and the debt now stands at 20k!!!!!!

 

Then in December 09 I received an application for a hearing on behalf of this DCA but nothing appertaining to what the hearing was about, I rang, emailed, sent letters to the court to ask them to send me info on what this was about & to change this hearing to a local court,then literally 3 days before the hearing I received a copy of the DCA allocation form with their witness statement from the court to NOW all of a sudden 8 years after they called bought this debt they be substituted as the claimant and did not wish to attend or in fact want a hearing?GOT THE DISTINCT FEELING HERE THEY DID NOT WANT ME TO SEE THEIR WITNESS STATEMENT AND WHERE TRYING TO CIRCUMVENT COURT PROCEEDINGS :evil:

 

I rang the court to explain I had been given no time to form any sort of defence and to ask for the hearing to either be adjourned or again to be heard in a local court, this all fell on deaf ears and the substitution went ahead in my and the claimants absence:-x

 

After digesting their application and witness statement certain legalities came into question plus the though that I had been shafted so I applied for a set aside on the grounds that in their witness statement it stated that this CCJ debt was sold to another DCA in 2001,in that time it also had a name change and in October 2002 it was then sold to the current DCA whom has also had several name changes and that ON EACH OCCASION NOTICE OF ASSIGNMENT WAS SENT TO THE DEFENDANT AT HIS LAST KNOW ADDRESS, which is certainly NOT the case.

 

1, I have lived in my property well before the CCJ

2, I keep all my correspondence even before the Judgement and I am completely oblivious to this first DCA taking ownership or getting any sort sort of assignment from either them ,the OC, or their solicitor!

3, The only absolute assignment I did receive was from the now DCA back in August 03 which even then stated they bought this debt a year earlier back in October 02!

4, On top of which the dates on the name changes either did not correspond with each other or did not correspond with the information I had received.

5, From what I have found out recently the OC went into Administration so therefore should this not have been referred back to court for an iterim hearing to allow the claim to continue in the first place.

 

In the mean time I then received another hearing date saying the DCA was now going for a variation order:evil:

 

I then got a hearing date for a set aside which was to be heard before the variation order at my local court got 15 MINS!!!!!! listing all the above of which I had also sent to the Claimant, the Judge took one look at all the documents involved sounded as though she had been given any time to read them and stated that she was adjourning the hearing and that their solicitor provide me with the relevant documents I have asked for which was,

 

A, A copy of the first absolute assignment from the 1st DCA which they state I had received in their witness statement.

 

B, A copy of the deeds of assignment to show how much this debt was sold for on each occasion.

 

C, To explain their inaccuracies in the name changes,

 

D,To explain why they are adding on interest and how come they have only told me this last year, as on the Original CCJ it just stated the 12k I owe and in brackets at the side (and interest to date of judgement) nothing about interest after judgement apart from at the bottom where it states in a box Notes For the Defendant,

if a judgement is for £5000 or more or is in respect of a debt that attracts contractual or statutory interest for late payment, the claimant may be entitled to further interest but that just looks like it is for information purposes only,

nor have I ever received anything from the OC or their solicitor after the judgement to say interest is being added as the letters I have received after the judgement just all refer to the figure on the judgement.

 

Plus why does it show the OC name on the now claimants application form and keep referring to the OC on their solicitors letters and the letters from the DCA when it was called sold to the 1st DCA back in 2001 surely it should refer to the 1st DCA name and not the OC ? furthermore why has it taken the present DCA 8 years from when they state they bought this debt in the knowledge that they Knew interest was being added unbeknown to me at the time and just let it run up over the last 8 years,IT JUST DOES NOT MAKE ANY SENSE!

 

Guess what! their solicitor sent me chapter & verse of each sale of assignments OC signature to first DCA then the sale to the current DCA apart from wait for it, a copy of the first absolute assignment that was called sent to me and their excuse for that from their solicitor was that " as the now claimant was not a party to the first assignment my client is not in possession of any such notices", WELL HOW CONVENIENT OF THEM funny how they seem to have just about every other document appertaining to the first sale.

 

Also they provided only the deed of assignment from each sale with the figure of how much it was bought and sold for BLANKED OUT.and they explained that the inaccuracies in the name changes where a simple error and although the dates did not correspond the company house registration number was the same.

 

As regards the interest they say that they are entitled to add interest regardless of weather or not it states it on the judgement as the debt is over £5000 , they also put on their second witness statement that it states judgement details,

 

OUTSTANDING DEBT

*including any interest where

Judgement was entered for £5000

or more, or is in respect of a debt

Which attracts contractual or

statutory interest for late payment*

 

Which it does not say that wording on the original judgement.

 

Anyway to cut along story short I had my second set aside hearing this week 30mins, went in to see the Judge along with their solicitor, again the Judge commented on all the paper work involved and said he had not been given any time to read through the notes, I explained to the Judge that I was not trying to shirk my responsibilities here and that I just wanted to make sure everything has been done legally which to me did not seem the case.

 

He seemed to take on board what I had brought up about the legalities of the assignments ect, but said that there were so many technical issues I had brought up regarding the law on assignments and on interest charges that it would have to have another hearing for about 5 hours to thrash out as to whether or not I had a case and whether or not any legalities had been breached by the claimant although he seemed to share the same opinion as the claimant on the interest issue that they are entitled to add interest after the original judgement because the amount was over £5000?

 

At the present time he said no cost would be incurred but on the other hand if I had another hearing and I lost then I would incur a lot of costs on top of what I already owed and it would then still carry on to the next stage, and from his mannerisms I got the impression he thought I would lose, he then suggested wavering my right to challenge the substitution of the claimant and as he could see that I had been making my regular payments and I could not afford more that £5 per month that he would not grant them the variation order to pay the £120 per month they had asked for yet in saying that he added the claimants next step would probably be to go for a charging order on my property.

 

He said the decision was mine as to whether or not to challenge the technicalities I have raised regarding the law on the legalities of the assignments, figures for each sale and interest added and with that in mind he would adjourn this hearing for another 28 days to await my decision.

 

I have read so many different threads regarding the laws on absolute assignments LPA act 1925 sec 136 and 196, also whether or not this case should have been referred back to Court when the OC sold it to the first DCA but I need hard FACTS here if I am to challenge these matters.

 

Same can be said as regards the law on adding Interest after Judgement.

 

Have I got a case or not and is it worth pursuing.

 

Any HARD evidence would be much appreciated.

 

PHEW!!!!

Edited by the tinkerman

Share this post


Link to post
Share on other sites

Anyone

advise me if I am in the correct forum for this

or would it be better in the debt forum.

 

Regards

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...