Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are 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 noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. 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 confirm that the above facts and statements are true to the best of my knowledge and recollection.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2102 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

Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Wise decision

 

 

You can complain in person, at the court, by telephoning the court, or in writing, by email, by writing a letter or by filling out form EX343A. Once your claim has been received it will be evaluated and a report will be filed. If your complaint is considered to be valid, you will receive an apology and compensation (if you have requested it and it is considered appropriate in the circumstances.)

 

 

The Area Director

 

If you are not happy with the response you receive from the court, you can take your complaint to the Area Director. The court in question will be able to give you the name and contact details of the Area Director, who has responsibility for all the courts and probate registries in the area.

 

 

 

 

Your complaint should explain that you have already gone through the requisite channels with the court in question but that you are not satisfied with the outcome. Your complaint will be acknowledged within 2 working days, and a response will be forthcoming within 10 working days. This response may be given in writing or verbally. It must be stressed that you will not necessarily achieve a different outcome.

 

The Customer Service Unit

 

If, when you receive your response from the Area Director, you are still not happy you can take your complaint to the highest complaints section of the courts service, the Customer Service Unit. Again, you should explain that you have been through the previous complaints procedures with the Area Director and the court. Your complaint will be acknowledged within two working days, after which time the unit will obtain all the documents in relation to your complaint from the Area Director and the court, and will also make further enquiries if it deems them necessary.

 

 

The Parliamentary and Health Service Ombudsman

 

 

If you are still unhappy with the way your complaint has been handled within the courts service, you can ask the Parliamentary and Health Service Ombudsman to look at your case. However this is not something that you can do personally. You have to approach your local MP to do this on your behalf. The Ombudsman’s job is to investigate accusations that individuals have been treated poorly by government agencies, departments or other public bodies. As such, the Ombudsman is completely independent of the government and other public agencies. If you don’t know who your local MP is, ask your local library or ask someone at the Citizen’s Advice Bureau

 

Thanks all, I'll get the complaint in next week. I'm not going to hold back so let's see what kind of response is forthcoming...

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites

Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

Share this post


Link to post
Share on other sites
Can you afford to pay off the CCJ within a month of judgment?

 

It will stop the CCJ being registered and so won't affect your mortgage application.

 

 

Shane is the claimant Gany there is no CCJ.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Shane is the claimant Gany there is no CCJ.

 

 

Andy

 

 

 

Oh yeah. Oops. :D

Share this post


Link to post
Share on other sites

Shane

 

Any costs in the case, either way?

Share this post


Link to post
Share on other sites
Shane

 

Any costs in the case, either way?

 

VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

Share this post


Link to post
Share on other sites
VF's barrister tried to put her fee (£350) in but the one thing the last judge did do me a favour on was to tell her to be sensible and dismissed that motion. He did not seem impressed by her request.

 

Cheers

 

Shane

 

Bit of a pyrrhic victory for it then :-)

 

Sometimes a business defends just because it has the means

Edited by Mike_hawk

Share this post


Link to post
Share on other sites
Bit of a pyrrhic victory for it then :-)

 

Sometimes a business defends just because it has the means

 

Indeed it was, i would imagine the costs associated with the employment of Riverview Solicitors, the whole court process and then the barrister attending court are significant.

 

Thinking about that actually makes me a bit happier in defeat.

 

I'm pulling no punches in my compliant to the Court over the Judge's poor performance. I'm in the mood to ruffle some feathers :-x

Share this post


Link to post
Share on other sites

Hi Andy

 

I have finished my complaint letter. Before i submit it can i ask you to read through it to ensure it is 'correct'?

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

Actually, now i have refreshed my memory on my claim and the hearing i think i have grounds for appeal :)

Share this post


Link to post
Share on other sites

1) VF did not provide evidence of their ETC calculation

 

2) They defaulted me without providing a calculation or even providing my with basic customer service or explanation of the sum levied

 

3) The ETC levied by VF ignored Section 73 - 79 and Clauses80.3.2, 80.3.3, 80.3.4, 80.4 and 80.5 of OFCOM's guidance. OFCOM state ignorance of these points would in their opinion lead to a breach of Schedule 2 of the UTCCR. I am assuming OFCOM wrote their guidance with the help of legal professionals so is therefore legally sound (places great emphasis on the OFT vs. Banks ruling on similar charges).

4) The Judge largely overlooked / ignored this important point of law - grounds for appeal i believe?

Shane

Share this post


Link to post
Share on other sites

Update

 

Complaint went in on the 17th January and has today been acknowledged by the JCIO.

 

I went down the complaint route to start as an Appeal generates a further £115 payment. I was wondering if in the SCT there was a mechanism for retrail so i am waiting to see a response from the JCIO which i can expect within 15 days.

 

I will update everyone as and when.

 

Thanks

 

Shane

Share this post


Link to post
Share on other sites

JCIO will respond by 10th February.

 

Oxford CC are on notice that my decision on appeal is delayed until the outcome of the JCIO investigation.

Share this post


Link to post
Share on other sites

What do you mean the court is "on notice"? You have a set period in which to appeal otherwise you'll need specific permission to appeal out of time, you can't really say you're going to mull it over for longer.

Share this post


Link to post
Share on other sites

I issued a letter to them stating my decision on whether or not to appeal would hinge on response of JCIO. The reasoning for that was the JCIO will comment on whether the presiding Judge made procedural errors in the original hearing...va va voom.

Share this post


Link to post
Share on other sites

I know, I'm just making you aware that telling the court doesn't change the rules.

Share this post


Link to post
Share on other sites

I am aware.

 

My position is the Judge broke their own rules in the first hearing so they at the very least need to acknowledge this. They had my letter well in advance of the 21 day 'appeal' process expiry so are aware whats going on

Share this post


Link to post
Share on other sites

Unfortunately not having time to read the trial bundle isn't uncommon.

Share this post


Link to post
Share on other sites

I have appealed (or at least filed the Appellant Notice)

Share this post


Link to post
Share on other sites
I have appealed (or at least filed the Appellant Notice)

 

 

 

Did you get you appeal application in within the 21 days time period??

Share this post


Link to post
Share on other sites

I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers :)

Share this post


Link to post
Share on other sites
I wrote to the Court and told them that i was writing to the JCIO to seek guidance on the conduct of the Judge who oversaw the original hearing. It was agreed that the 21 day period would be put on hold until the JCIO had responded. Their response, crap as it was came back end of last week so appeal or at least request to appeal went in yesterday.

 

Even if they dont grant an appeal request i think at the very least the owe me and others who rely upon OFCOM guidance a response as to where they believe it is legally wrong...

 

I was scathing towards the Judge in my appellant notice and supporting information so at the very least it'll ruffle some feathers :)

 

 

 

I hope your right although I fear you don't really have any legal grounds to appeal but good luck anyway.

Share this post


Link to post
Share on other sites

I think i do

 

I am sure the OFCOM Guidance was drafted with the assistance of senior legal professionals (they can't have done it and released it for public consumption without taking such advise). As you probably know that document lists several elements a CP needs to adhere to for their ETC's to be deemed fair. If they dont there is a fair chance they have breached UTTCR and that is my point.

 

Grounds for Appeal are that Judge Payne didnt even read this part of my bundle (admitted on tape) so he's missed key points of law in handing down his order. There is at the very least a debate to be had.

 

I copied in OFCOM to my appeal as well...

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...