Jump to content

  • Tweets

  • Posts

    • 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                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has 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 £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
  • Our picks


disability and changes to work benefit

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2882 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 there


could somone please help


I work for a large company with a personal health insurance which basicly gives you 75% of your salary until retirement age if you have to go on long term sick.

I cant find my contract but this benefit was in place on my appointment.


I am a sufferer of ms which as you can appreciate this health insurace is a life line.


As a cost saving exercise my company has now cut this PHI to pay out for only 5 years.


I feel this is disadvantaging me ,would i have a course of action regarding this cut at work due to my disabilty.


many thanks

Share this post

Link to post
Share on other sites

Why don't you ask HR for a copy of your contract?


How old are you and how long have you been with the company? How is you MS affecting your work at present? Did they know of your condition on your appointment? If they didn't, do they know now? In what way do you consider that this change disadvantages you from others in the company (I am supposing you are hinting at discrimination) ?

Share this post

Link to post
Share on other sites

hi there and thanks for your reply

Im 47 and have worked for the company for over 12 years i was undiagnosed at that time.


When i was diagnosed with ms which was approx 10 years ago work was aware but i carried on in present roll unafected until 4 years ago when they made adjustments to my roll.


I feel this change is disadvantageous to myself because .


I have not been offered any alternatives.

I have an exsisting condition which if worsens i would find the phi invaluable.

Share this post

Link to post
Share on other sites

Hi Sassie


I am no expert here so you may want to consult a solicitor for a more definitive answer, but if these changes have been enacted across a large company equally then it is perhaps not unlikely that other people with health issues, as well as those currently healthy, will be as equally affect as you. That means that there probably is no discrimination.


The other issue is this benefit is STILL 75% until retirement age and so there is no disadvantage because you probably will have to be retired on ill health should your condition worsen to the point where you cannot work. Even then you, and the company, will have to look at the details of the retirement scheme. Which is why you should be getting on to HR and asking for your contract and the details of the retirement scheme to ensure that you will benefit from it should you become worse than you are now. It is not uncommon for those too unwell to work to be retired early. There is normally a process for this.


The company if large (how large is large?) will no doubt have taken legal advice on this so it is hardly going to be easy to dispute I would have thought. I f unions are also involved you can be sure they will have scrutenised the changes too.

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...