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    • Hi Papat and welcome to CAG   Find one of my drafts on another thread and adapt it to say :-   I cancelled due to relocation to go to Uni and could not use the gym any more.   I now realise I should have given one month's notice and paid a final month's fee.   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.   Put a draft here for checking first if you want.   Send the  letter to Harlands in Haywards Heath and get a free Cert of Posting at the PO
    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
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sorry in advance as this may be a little bit long winded.

 

my face no longer fits with tptb where i have been employed for over 2 years and so they want me out,there has been many employees before me that have been made to hand their notice in instead of being sacked.today i had a disciplinary hearing where my answers were not even listened to and instead of getting a final written warning i got suspended untill wednesday.

 

at my first disciplinary metting for not following company procedure for paperwork i was given a written warning,this was sometime in november,however at the hearing i brought up a lot things this compnay partakes in which is illegal,eg,not paying overtime when you have been issued with more than the 8 hours i'm contracted for,making us answer work phones out of hours with no compensation,taking money for damages without my consent leaving my weeks pay below the national minimum wage.

 

this was conveniently left out of the official notes when these were handed to me with the written warning so i declined to sign the notes or warning untill the notes were ammended to include everything that was said as i know that once i sign, it means it was a true and accurate record of what was said at the hearing.hr got back to me and we went through everything,i got some things added on but basically came to a stalemate and i have not received any ammended notes or a written warning to sign since.

where do i stand with this?is it on record?is it still gonna count toward a final written?

 

fast forward 2 months and i have another hearing for not following procedure,i made a genuine mistake this time and apologised,but this was not a good enough answer,i have to pay for my mistake out of my wages and i won't be able to recoup the money,so now my employer has caused me a loss.i tried to put my point accross but this wasn't good enough so ha asked me to leave the room.

 

i see he tries to ring someone then my manager goes into the room and comes back out then he asks me to come back in then tells me i'm suspended untill wednesday,on my letter for this disciplinary it says that i may get up to final written warning not suspension so i assume that they hope i hand my notice in to make things easier for themselves which is going to be far from the case if i get sacked.

 

also before christmas,apparently i walked mud onto someones carpets which wasn't the case,and i was to be charged for someone to go out to clean the carpets,but i had to go back there and took pictures of the carpets which weren't dirty at all and these are dated before the company has sent someone out to clean the carpets.i have also suffered racist comments by emails which i have kept e.g sheep shagger and just about any other sheep joke out there and have the docket to prove they took money out of my wages without my consent which took me to below minimum wage,so if i do get sacked i will be going straight to the cab.

 

thanks for reading,any help will be much appreciated.

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What type of job is this???


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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I take it there is an employee handbook laying down diciplinary procedures.


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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes it states,first warning is verbal,then written on file for 12 months then final written warning on file for 12 months then dismissal unless its gross misconduct which can be instant dismissal

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Ok in the detail of the procedures, in what parts have the company acted improperly in your opinion, is there actual evidence of misconduct that has caused them to loose money?

 

I would make a detailed list of such breaches and copy it to give to whoever is at the next meeting.


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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes there is evidence i have caused them a loss but i have been made to pay it back.i have apologised for this,this is the first time it has happened out of approximately 3000 jobs that i have completed for them,others have made the same mistakes on more occasions but as far as i'm aware haven't been sacked over it.

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So if you had to take this to a tribunal hearing would you be able to claim victimisation as others were treated differently?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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i'm not sure on that one?may have to go to cab for that answer.i do have many emails of racist comments towards me and evidence of taking money without consent which can be brought against the employer.

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