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

E.Kent Hospital PCN's sobell/white taking me to small claims court **Discontinued**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4050 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

My ex employer is taking me to court for non payment of parking fines.

 

I parked to load and unload equipment as part of my job, as i use my own car to travel between sites doing quality assurance checks on x-ray equipment etc.

 

I used to have a "hot parking permit" to allow me to do this, but the rules state that you need to do 12 trips a month and have proof for three months to qualify.

 

For some reason the rules started to be strictly enforced.

 

I had a slack three months, lost my hot parking permit and kept getting tickets.

 

I still had normal staff parking permit, but there are never any spaces after 9am and I might not get back from another hospital till pm.

(which is why we used to get the hot parking permit, which gave us dedicated space right outside our place of work).

 

I thought I was being chased by Roxborough, but East Kent is taking me to court.

 

Is it worth trying a solicitor or is it throwing good money after bad.

Link to post
Share on other sites

  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

type up or scan up the PoC.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

aha

 

sobell / white

i though they were closed down

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

aha

 

sobell / white

i though they were closed down

 

dx

 

Because he issues so many claims Michael White is obliged to take an occasional one to court. I believe once he is faced with a determined defence - he backs off.

 

He personally is unlikely to turn up due to age.

Edited by ims21
mistake
  • Confused 1
Link to post
Share on other sites

I filled in a form Defence and Counterclaim and under G Other Information put

" I worked for East Kent Hospitals University NHS Foundation Trust in the Medical Physics Section. I used my own car to take equipment for measuring x-ray alignment, output image quality to outlier hospitals at Margate, Ashford, Sheppey, Medway. I need to load and unload equipment at my workplace at Canterbury. My employer was fining me for doing the work assigned me."

I made no counterclaim.

Michael Sobell has acknowledged receipt of defence.

I paid monthly for my staff parking permit. You pay no extra for Hot Parking, but have to justify it, on 12 trips per month, documented for three months on renewal. I have asked in FOI for percentage of Hot Parking Permit holders that can be demonstrated to have proved this, as it appeared to me to have turned into a management perk.

Link to post
Share on other sites

Are you a member of a union? If so then you should get them involved in this. It's unbelievable that you are being penalised by your employer for just doing your job. The lack of parking spaces is not your fault, it's the hospitals. As for those sums of money being demanded then they can only claim for the actual losses they have suffered not those stupid amounts they are demanding.

 

This case is very similar to those from Aintree Hospital, where they have wasted thousands of pounds in chasing people for petty parking infringements and losing in most cases. That money should be spent on patient care.

Link to post
Share on other sites

We gave up on unions after trying to go through that route with the mess made of husband's redundancy. The union support was worse than useless. I did talk briefly to my old rep before I went to another job. As I was leaving anyway, it came to nothing. I havent bothered joining union in my new job.

 

I also talked to my line manager who was acting head of medical physics. That went nowhere.

 

This would be typical nhs management, we are a tiny department and if there wasn't legislation covering what we do (radiation protection) mangagement would happily close us down in an instant. When we lost our old head of medical physics his salary still appeared in our budget, but was going to a chap none of us had heard of . The lady who really manages us (part time worker on about £6,000 a year) tracked down who was doing his annual leave, it appeared the money was being spent on someone hired as consultant to look at fraud inside the nhs. You couldnt make it up.

With the new guidance coming in we will all soon be privatised anyway and provide as good a service as the privatised cleaners and agency staff.

Link to post
Share on other sites

If you parked there to load/unload, how long was the car there each time, and do you have a record of the equipment you needed to load/unload if it was difficult to carry.

If those were from 2010/11, have you further tickets each month up to the present as you carry out your job, or have you a permit again?

Or have the hospital realised their mistake and provided the correct parking now?

Link to post
Share on other sites

I left to work at another Trust in Dec 2011.

Picture attached of all equipment for CT and wall checks on one trolley about 50kg. Usually two people would take this gear, but on one rare occasion i pushed all this at once. I would usually push about 25 to 30kg on trolley.

 

To get everything out and packed away, might take me ten to fifteen minutes, but if I got distracted by work it could be longer. I could get a ticket immediately if parking attendents happen to come around, whether I had an unloading sign up or not and whatever the length of time I had been parked there.

Link to post
Share on other sites

Looks a lot to carry!

No problem proving you had a need to park by the entrance door to unload anyway.

And if all the tickets where issued within minutes of you stopping, some even before you had the chance to get an unloading sign up, it would be reasonable to argue you weren't even "parked", just unloading as required by your job and contract.

(You did move your car as soon as you could didn't you?)

Link to post
Share on other sites

Sobell recently lost a case for east Kent hospitals, unfortunately the defendants posts on MSE and youtube were obnoxious so were removed, but I seem to remember the judge agreed they were an unlawful penalty not a recovery of a loss!

  • Confused 1
Link to post
Share on other sites

FOI request

"We can confirmthat East Kent Hospitals University NHS Foundation Trust (EKHUFT) holds theinformation you have requested and is set out as follows:

1. The numberof staff parking places provided at the Kent and Canterbury Hospital between April 2011 and April 2012. Please specifywhether these places were general staff or “hot parking” spaces.

We can confirmthat EKHUFT provided 702 ordinary staff parking spaces and 41 hot parkingspaces.

2. How manymembers of staff based at Kent and Canterbury had a staff parking permit issued between April 2011and April 2012. Please specify whether these permits were for general staffparking places or “hot parking” spaces.

We can confirmthat EKHUFT issued, on average, 1381 staff parking permits. We are unable tosupply a figure relating to hot parking spaces specifically at the Kent & Canterbury Hospital, as these permits are not site based, as are thestandard permits. "

There was never anywhere to park it was always a nightmare, I don't know if there was a permissible time allowed for unloading equipment, I had not noticed anything but I supose I could ask.

Link to post
Share on other sites

Sobell recently lost a case for east Kent hospitals, unfortunately the defendants posts on MSE and youtube were obnoxious so were removed, but I seem to remember the judge agreed they were an unlawful penalty not a recovery of a loss!

 

Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

Link to post
Share on other sites

Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

 

No it was just one poster who was severely criticised by the other posters and was banned. Instead of just coming on there and saying he had won , he started laying into everyone else because he mistakenly thought that when told to "ignore", that applies even when you receive proper court papers.Nobody had said that. Instead he was told to ignore until those papers arrive, then you go proactive. He even accused some MSE regulars of being "Sobell's spies".

 

Here is the thread for what it's worth :- http://forums.moneysavingexpert.com/showthread.php?t=4273601&highlight=east+kent+hospital

 

From post #8. It's a bit disjointed as the banned member's posts have been removed, but some of them appear in quotes in other posts.

Edited by DBC
  • Confused 1
Link to post
Share on other sites

Must still be a thread you can link to, or do you mean the MSE posters were obnoxious and the thread was removed?

 

Unfortunately he jumped on a long standing thread using several usernames but was kicked off each time and his posts removed. Saying that he didn't really explain what his defence was, he said he was going to pay for a transcript and post it up. Until I pointed him to the fees for transcripts.

 

I think I can recall some of the usernames I will see if I can find anything.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...