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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Im looking for some advice.

 

I want to take my previous employer to a tribunal. I believed i made a protected disclosure to the trustees of the charity and also sought out the charities commission. After i discovered more financial documents which showed money going to the husband and wife team running the charity. I had been trying to raise the issues for 9 months but decided i had no other option but to go to the media. I knew this would mean losing my job and potential damage to the charity.

 

I have one week to submit my ET1 form before the 3 months is up, I have left it this long as its still very raw and i dont want to use emotive language. I have another job which i got straight away 40% less money but only thanks to a friend.

 

Is there a specific term i use on the ET1 or is it Protected disclosure.

 

Many Thanks

 

W

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Unfair dismissal.After section 103 of the 1996 Act there is inserted—

“103A Protected disclosure.An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.”

 

Therefore it will depend on if your dismissal (not that you have mentioned if you were actually dismissed or not which is rather important here) satisfys the criteria above

 

If you left or were dismissed for another legally "fair" reason it may not

 

With claims of this nature which are highly technical i would recommend legal advice in the long run

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Atlas thank you for the reply.

I have contacted a few solicitors and they have all stated that i have a good chance of winning but it is so complicated that they would not make any money.....

 

So they advised me to go it alone. I was dismissed for gross misconduct for breaching our communications policy.

I spent 8 months going over the issues with the trustees, PCAW & the Charities Commission who just advised me to go the membership of the charity. I had no other way of contacting the membership beside the local media and it wasnt a decision i took lightly.

 

Any help on things that i should include would be very helpful

 

Thanks

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I would suggest you go for it.

 

Its not that daunting

 

Look for help from this forum and get hold of ETclaims:tactics and precedents and use their website.

 

I did it in 2007 and eventually settled my case for a good sum and an excellent reference. My career is now flying partly because the experience taught me many transferable skills. Best thing I have done.


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Monkeychicken, thanks for that i will check ET claims Tactics and precedents. For me its not about the money and never has been, its about clearing my name!

The chair of the trustees called me a vindictive witch hunter in the media. This has definitely affected my job prospects in a field I was regarded as one of the best.

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Hi

 

Did they instantly dismiss you for gross misconduct or was a disciplinary hearing held?

 

Were you explained your right to be accompanied by either a work colleague or union rep?

 

On informing you of your dismissal did they explain your rights to appeal and the time limit in which to do it?

 

As they dismissed you using their communications policy you need to get a copy of this policy but also a copy of their Whistle Blowing Policy as well.


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

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Monkeychicken, thanks for that i will check ET claims Tactics and precedents. For me its not about the money and never has been, its about clearing my name!

The chair of the trustees called me a vindictive witch hunter in the media. This has definitely affected my job prospects in a field I was regarded as one of the best.

It wasnt the money for me either, but the point in in these matters, an apology and money are the only remedies available - I wouldnt have gone back to work for my previous employers for anything. But the fact that I got a good sum from them means tough questions will have to be answered by certain individuals and they will have to explain the costs to district audit.


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Monkey, I have sent the ET1 form of today as my 3 months would have run out on monday.

Im going to watch a tribunal at the end of the month involving another member of staff, her case is related to mine.

The hope is that I will get an understanding of how the tribunal will play out.

 

Thanks

 

:wink:

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