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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking 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. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to 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 and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
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doing a different job to that is being made redundant


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ok, firstly really sorry for the length!

 

i started my job as a PA to the deputy director 6 years ago, 18 months ago that deputy left and a new one started and didnt use me as a PA anymore, just diary management, and at the same time our child care co ordinator left (we receive seperate funding for a full time post), me and my colleague, a HR assistant was asked to pick up this child care work, as my collegue enjoyed it more than me, she took over the duties, and as i wasnt being used as a PA anymore i shifted to my colleagues job, HR assistant. i now do all the duties expected of a HR assistant for the team. That deputy left, and for a few months we no deputy at all, so i continued doing the HR assistant job, i enjoyed it as well. A new deputy started in Oct last year, and during my PDR with my line manager in Sept last year it was noted that iam now more of a HR assistant than a PA, i was concerned that when the new deputy started he would use me again as a PA, my line manager said that she would argue against it as iam more use as a HR assistant. then new deputy started and indeed i carried on with my duties as usual with the addition of a few PA duties.

 

on 3rd feb i got a post it note inside an envelope left on my desk from the deputy asking me to a meeting with him and my line manager on 17th feb to discuss the HR structure and future roles, now we knew that he had the job of making a huge saving, a poss that some jobs could go, but with it being on a post it, i didnt think it to be sinister. i attended my meeting on 17th where i was told that due to the savings needed to be made there was no room for my role, and my post was "at risk".

 

After thinking about this overnight, they didnt actually state which post was going, the PA role or HR assistant. i asked my line manager for 5 mins, and asked her that question, she replied the PA role was going and my duties would be distributed to others in the team, i replied that i didnt do that job, i was more of a HR assistsnt, and if both roles are being made redundant that my colleague who does the child care role would also be "at risk", as she does a different job, but never officially given a contract for the child care role, also the funding we receive for the child care post is full time, my colleague only works 30 hours, and approx 6 hours a week is spent on HR assistant work with me. my line manager has said that if i am correct then that changes everything and will look into it, iam on annual leave for a week whilst she looks into it.

 

Also in the HR department we have 2 full time recruitment assistants (technically HR assistants on their wage slips), and we are not recruiting as the company is skint, they have been very vocal that they have not a lot of work to do, why need recruitment assistants if not recruiting! and we wont be recruiting at a steady rate for a long time due to money!.

 

i have several questions!

 

can they make a post redundant and distribute the work to others?

 

where do i stand on the whole what job do i do? my argument is that the PA role was going, now ive told them that i dont do that job, they may say that the HR assistant role is also going, it soounds like its me they want rid of, not the post!

 

if indeed they say that both roles are to go, then my collegues post would need to be reviewed would it? as she does 6 hours per week of HR related work. iam sure the company that funds the child care role would like to know that of the 37.5 hours they pay for, we only use 30 hours and 6 of which is spent doing a completely different role!

 

Why make my post redundant when there is 2 people there hardly doing anything? all that will ahppen is i will go and my duties will end up being done by these 2 recruitment assistants.

 

none of this has been done offcially, my colleague never recieved a contract, although did receive a pay rise, i never officially become the HR assistant, it just happened.

 

Any advice would be appreciated. thanks

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can they make a post redundant and distribute the work to others? Simple answer - yes.

 

where do i stand on the whole what job do i do? my argument is that the PA role was going, now ive told them that i dont do that job, they may say that the HR assistant role is also going, it soounds like its me they want rid of, not the post! That's an assumption, for which you have no proof. On either what they may do or whether they want rid of you. You have raised a valid set of points - which is what consultation is about. And they are looking into them, which is what they should do.

 

if indeed they say that both roles are to go, then my collegues post would need to be reviewed would it? Not necessarily. After 18 months in "new posts" you both have custom and practice on your side - you do the new jobs and not the old ones. You don't need a contract stating that and many people move on in their jobs and never get a new written statement. A ontract isn't the piece of paper - it's lots of things. as she does 6 hours per week of HR related work. iam sure the company that funds the child care role would like to know that of the 37.5 hours they pay for, we only use 30 hours and 6 of which is spent doing a completely different role! That sounds like a threat. I doubt the company will be all that bothered at all - but your employer isn't going to take kindly to threats.

 

Why make my post redundant when there is 2 people there hardly doing anything? all that will ahppen is i will go and my duties will end up being done by these 2 recruitment assistants. You have raised points which may now put the two recruitment assistants at risk - as well or instead of you. You have to give the employer a chance to answer your questions.

 

none of this has been done offcially, my colleague never recieved a contract, although did receive a pay rise, i never officially become the HR assistant, it just happened. Whether it just happened or not, it happened, and the length of time in the post says that it has.

 

Any advice would be appreciated. thanks

 

You need to calm down a bit. I know this is distressing, but you have voiced your concerns and these are being looked into. That is the whole point of this exercise. Give the employer a chance to answer these points - you may well find that they agree with you. Or you may find that three of you end up being made redundant. But you won't know until they say what they have decided about the points you raised.

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Thanks SarEl, i am really angry at my boss, he's been there 4 months, come in and made me redundant! i thought we were a team, and a good one at that. i dont doubt he has a difficult job finding the savings that need to be made, and i certainly dont want anyone else made redundant, i honestly believe that the savings can be made across the team (and the team agree with me, but at the moment they are just glad its not them in my situation!!!), by cutting a couple of hours for everyone, i wouldnt even mind having my wages cut along with a couple of less hours! a job is better than no job!

 

the only thing my line manager is looking into at the moment is what job both me and the HR assistant/child care coordinator do, to be honest i havent raised all the other points with them yet, i could do with a little more advice on how to approach, iam expecting my first formal meeting when i go back, do i pepare a paper outlining the points i raised or just go in to talk? or is the appeal stage the best time to bring up these other points?

 

Again thanks for any advice

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