Jump to content
  • Tweets

  • Posts

    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A is sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner. It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which they are fully aware. There is an agreement between the lessors of Area A and the main owner of Area B. This owner would instruct the Claimant not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B.. So all they had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.    But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them (before the case) to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Advice needed please - Incasso Solicitors - Debt Collecting


Please note that this topic has not had any new posts for the last 3276 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.

Would be very grateful if someone could please help

 

Here is my situation:

 

- I left me previous Employer back in March, a few months after qualifying as an accountant, and naturally left for a better position elsewhere.

 

- My contract of employment, which I obviously signed when I started, stated clearly that if I left the company within two years after qualifying, I would be liable to pay back all of my tuition fees (which totalled £2,000)

 

- When I left the company I didn't realise this was in my contact and I have very recently received an aggressive letter and number of phone calls from a Company called Incasso Solicitors (acting on behalf of my previous employer) demanding the money

 

- I genuinely left the company not realising I would have been liable for the money and nothing was said to me when I handed in my notice or even before I left

 

- Now I know I'm liable for this, as I signed the contract, but I've noticed a few things in my contract which I need to discuss with you guys

 

- Incasso have demanded all the money in one payment or at least two payments, which to be honest i can't afford, especially given the fact it's almost xmas and i've recently moved house

 

- I've read my entire contract and literally all it says regarding the tuition fees is that if I left the company within two years after qualifying, I would be liable to pay back all the fees. Says nothing about Payment Method, Schedule of Repayments or Time Frame of Repayments etc.

 

- With this in mind I told the debt collectors that i'm willing to pay back all the money but i want to pay it back over at least 2 years because

1) It gives no detail of repayments in the contract,

2) My current financial situation and

3) If I had to pay these course fees myself during my employment I would have had 3 years to pay them (my length of employment).

 

- They would not listen to me and insisted I could have no longer than 6 months and that would be pushing it and may be rejected by the management.

 

- When I queried them about my employment contract they dismissed it saying they weren't interested. - I'm sorry but isn't this the whole point of contract law?!

 

- Where do you think I stand? I would like to pay these fees back over at least 2 years. Given the information I've provided above, do you think I have a strong case?

Apologies for the bullet points but I wanted to make it as clear as possible.

 

 

I appreciate any help you can give me on this

 

Ryan

Edited by citizenB
formatted for easier reading
Link to post
Share on other sites

It is rather surprising and IMHO a touch spiteful, that the company have taken this route rather than contacting you intially.

 

As you say, if you had, had to pay these back during employment then you would have had longer..

 

If you were to repay over 2 years, that would be £41.66 per month.

 

Why not offer to repay at say £50.00 per month - which would be 40 months. If you find yourself in a position where you could then offer more you could do so !

 

Meanwhile, I will try and find someone on the Site team who might be able to offer more advice.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - 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

 

 

BCOBS

 

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

Link to post
Share on other sites

Do you know if any other person in the previous company has had to repay these training fees, if they left before the 2 years deadline ?

 

It has been pointed out that....

 

 

As there's no mention of phased repayments in the contract I'm surprised they didn't take it from his final salary payment. They should definitely consider accepting payments over a period of time if they are to show the are being reasonable.

 

So perhaps write the solicitor a letter based on the comment above

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - 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

 

 

BCOBS

 

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...