Jump to content


  • Tweets

  • Posts

    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

So sorry but need advice if possible


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3901 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everyone, im new here and i so need some advice if possible it

concerns my son,

 

He worked for a company for 6yrs, but the company was taken over by a new boss and his previous employer made certain that the current employees remained when he sold the lease to this man, right before christmas last year he went to go to work with other employees, they tried to unlock the company gates to start work but the boss they worked for changed the locks the day before, he then texed them all to say they are now all unemployed.

 

They never even got their wages on the saturday for the 6 days they worked before this, as the boss was suppose to return with them on the saturday but didnt,

 

Anyway to cut a long story short i made my son take this man to the tribunal and my son won the case, as none of the employees knew this was going to happen and i felt it was unfair to the employees and my son to be treated in such a manner, his former boss did not appear to the court, infact he sent a letter stating he had no intentions of appearing,

 

after the judgement was awarded to my son there was a lapse of 42 days for an appeal, nothing was heard, we waited another 6wks then applied to the local county court to enforce the order awarded to my son,

 

now his old boss has put in an appeal to the tribunal 120 days late after the 42 days, and also put in to have the enforced order stopped, hes now claiming that my son only worked for him for 2yrs?

 

nothing changed at the company only the owner, also hes claiming that my son worked for a different company? and the company hes claiming my son worked for went out of biusness 14mths before he took over the company my son was at.

 

The lease is in the name of his boss and thats what the award was made against, not a company that hes claiming is responsible,

 

Even the ones whom leased the company to him had never heard of the company he mentions, so really does he have the right to do this and does my son stand a chance of getting this award that the court awarded him at all? as all the former employees have taken this man to court and my son does have paperwork supporting his case against this man

 

thank you so much for reading this, only we are in court next week about the enforcement order my son was awarded against this man , i do hope you are able to help, Maz

Link to post
Share on other sites

I will flag your post to the site team to be moved to the employment forum where you might get better advice.

 

In the meantime, please can you edit your post (the edit button is on the bottom right of the frame around the post). Please format it in to paragraphs in to make it easier to read. You will get better replies that way.

Link to post
Share on other sites

Hello Maz and welcome to CAG.

 

I've put some paragraphs into your post to help the people who will try to help you.

 

Are you saying that your son went to an employment tribunal please? This will help us to decide which forum to move your thread to.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I will try to summarise.

 

1. Son was working for an employer. Employer's business had a new boss. By way of takeover, administration etc is not clear.

2. Service was continuous between old and new boss. Apparently - but this now seems disputed.

3. Son and other employees turned up for work one day before Christmas to find the new boss had locked them out.

4. The previous week's wages were not paid.

5. They were given notice on that day, by text, to say that they were unemployed.

6. Son took "Boss" to ET. Claim won - looks like it was because no notice was served. "Boss" seemingly did not defend.

7. No appeal was lodged by 42 days.

8. 6 weeks later, Son got enforcement awarded.

9. 120 days later, "Boss" has decided to resist. Appears to have applied to set aside the enforcement order.

10. Boss appears to be relying on a previous company dissolving(?) 14 months previously and, therefore, employment was not continuous.

11. ET ruled the continuous lease proved employment WAS continuous. Judgment therefore in son's favour.

12. New company disputed by lease holders - don't know if this dispute has been admitted in evidence.

13. OP and son have paperwork to back this up.

 

OP and son are in court next week to defend (what I think is) a set aside application for the enforcement order.

Maz - I am sorry if I have got anything wrong in my summary - please correct if i have.

 

P.S. Conjecture on my part is in italics.

Edited by Bandit127
Link to post
Share on other sites

Yes it was a Takeover.

 

Yes that is correct Honeybee13, he went to the Employment Tribunal, and the Case went to his favour.

 

The lease is in the Boss name not a Company,

My son was awarded Wages owed to him, inc overtime he did.

Holiday Pay.

Week in Leiu

Redunancy for his length of employment

 

and an award because the Boss gave No Warning of what he was planning to do, no legal advice given to employees etc and so forth.

The Boss did NOT bother to appear at the hearing nor put in an Appeal against the judgement made in my sons favour.,

 

My son has got permission to enforced the award from the County Court.

 

Now his old Boss is trying to say that my son worked for a company that went out of biusness 14mths before hand that no one has ever heard of. (what was another company this man had)

 

And only worked at the company he had for 2yrs not 6yrs, Even though my son produced wage slips dating back 6yrs.

 

I do have the Application to enforce the order ready as we had to ask the judge for permission to do this and we were granted this.

 

I have all the paperwork that was used at the Tribunal and the Judge there was satisfied with what he saw.

 

Can this Man get out of this at all? as personally i think he treated all his employees bad, esp taking their wages with the knowledge that some had babies and children at home and had no other means of income x

Edited by Maz1234
Link to post
Share on other sites

I have moved your thread to the Employment Problem forums - you will attract more viewers there :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Hello again.

 

I'm sorry if I have misunderstood.

 

The employment tribunal found in your son's favour? And the employer hasn't paid and so you are seeking to have the money paid through the county court system?

 

I'm not one of the employment experts here but I hope they may turn up and advise you.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Yes, so sorry i do not explain things very well, And now we have been granted an order to enforce this payment awarded, His old Boss is now trying to appeal against everything, The Judgement and the Order to enforce the award. x

Link to post
Share on other sites

Yes, so sorry i do not explain things very well, And now we have been granted an order to enforce this payment awarded, His old Boss is now trying to appeal against everything, The Judgement and the Order to enforce the award. x

 

Hello again. I don't think I'm understanding things very well either, sorry.

 

Who has granted the order please and can you tell us any stautes or judgements have been quoted please? Legal numbers and letters might be helpful, I think.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

The tribunal judge gave my son the award,

and the judge at the county court agreed for my son to enforce the award against his boss

as he ignored everything,

 

and now his old boss is trying to stop it all and saying that its wrong etc and claiming that my son only worked for 2yrs not the 6yrs my son claimed (even though pay slips were shown as proof of 6yrs being with the company)

 

and my son worked for a company that went broke 14mths before the boss did what he did to all his employees at my sons work

 

that was another company his old boss had before he took over from where my son worked x

Edited by honeybee13
Can't understand this without paragraphs.
Link to post
Share on other sites

The tribunal judge gave my son the award,

and the judge at the county court agreed for my son to enforce the award against his boss

as he ignored everything,

 

and now his old boss is trying to stop it all and saying that its wrong etc and claiming that my son only worked for 2yrs not the 6yrs my son claimed (even though pay slips were shown as proof of 6yrs being with the company)

 

and my son worked for a company that went broke 14mths before the boss did what he did to all his employees at my sons work

 

that was another company his old boss had before he took over from where my son worked x

 

Hello again.

 

I'm sorry if I might be misunderstanding this, but I thought employment tribunals and county courts were different things? I'm sure the guys here will help to explain if I've lost my way.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

The Tribunal Court told us to go to the County Court to enforce the order as his old boss completely ignored it all, as his Boss had ignored the judgement,

and that is what we did as this gives us from what we understand permission to send in baliffs or 2 other ways to get what was awarded to my son by the Tribunal Court.

And now his old boss is trying to appeal against it and claiming that my son never worked for him but for another company that does not exist, that he used to have but went broke 14mths before he made my son and others unemployed. x

Link to post
Share on other sites

Yes my son produced 6yrs of pay slips and i think they are p45's or something that you get yearly,? also the lease is in the man's name not the company he claims, and no we have not spoken to the bailiffs yet we thought we would give his boss time to try and sort the award out etc, but now we find hes lodged a set aside judgement order to try and stop this, and also is trying to appeal against the tribunal judgement with the tribunal 6mths after the last appeal date that was given x

Link to post
Share on other sites

Hi

 

I have to agree with Emmzzi that his chances are slime as they have stated to the court that they had no intention of appearing at the ET and that they have also failed with the 42 day by law limit to appeal and taken a further 120 days exceeding the limit set to appeal.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

Thank You so much, i feel so much better now, i did not know what to think about this all, i feel hes just trying to avoid it all and trying to give himself time to do something so he can try and get out of paying the award to my son,x

Link to post
Share on other sites

I think you need to see this as 2 smaller problems rather than one great big one.

 

The legal process will have 2 steps that he will need to be successful in to succeed in getting the ET judgment appealed.

 

1. The CC judgment that you got the enforcement order with will need to be set aside. This is a legal procedure that you can Google for - or find the legal issues forum on CAG and read up on the accounts of others.

It matters little at this stage that this is an employment issue. The CC order will be a money order.

You will need to defend against this in the CC. Your defence (I am not an expert) should be that he has no chance of appealing the ET ruling because the ruling was made on XX/XX/XXXX and his time limit to appeal expired on YY/YY/XXXX.

 

2. If he is successful in getting the judgment set aside, he will try to get the ET ruling appealed. I would phone ACAS - they may be able to help you resist this.

 

For now, you only need to concentrate on step 1 I think.

 

If I am right he is set up to fail - I would be doing number 2 first. He would be much more likely to get the CC judgment set aside with evidence that the ruling it was based on had been appealed and changed.

 

As it is I think he has a slim to no chance of a set aside unless he can vary the ET ruling first. You MUST defend the set aside though.

Link to post
Share on other sites

At some point you would think he'll spot that the amount he'll need to pay lawyers would add up in his head to less than paying out stat minimum redundancy... some people are just idiots!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

  • 5 weeks later...

Hi thank you all for the great advice, well an update, the enforcement was adjourned till after a decision was made on wether the tribunal would allow him to appeal or not being over 100 days late, well he did not get the appeal, so that means my son can now enforce the order, Now im at a bit of a loose end, as according to the tribunal it says that interest of 8% daily is chargeable on the award all the time it remains unpaid, on the enforcement order it has at the bottom after the award amount

"Together with any further interest becoming due".

Now does that mean i have to now add a daily interest rate of 8% on top of the award amount, as now it is 156 days over due, so sorry to be a pain with these questions, i do hope someone is able to help me again x

Link to post
Share on other sites

I cant say 100% that it is from that date but my guess would be yes. Do remember that it is a comulative interest. So £100 day 1 £108 day 2 etc. Don't be tempted to just add 8% on at the end as you'll do yourself out of a lot of money.

 

Hope you receive what you are owed soon.

Link to post
Share on other sites

It's 8% per year - if you added 8% per day, you'd be rather richer than the legal system intended!

 

The interest calculation to use is (£Amount x 0.08 / 365) x 156... I think. Maths is not my strong point.

Edited by becky2585
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...