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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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brother keeps coming into work and making false accusations

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hi

 

need some advice for a work colleague

 

he is a civil servant and after a family fallout his brother has attended is place of work twice accusing him of obtaining privileged from the works computer and telling other people

 

first visit was dealt by a manager and he brought printed messages from facebook. he was told that there was no basis for the allegations and went away.

a week later he reattended with a printout with another conversation from facebook. this time he was told that these were not screenshots but a word document that could have typed by anyone.

HR are following it up. the general word is they are going to close it as vindictive

 

what rights do he have to stop him making these complaints


:???: what me. never heard of you never had a debt with you.

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Hello there.

 

The individual should consider seeking legal advice. If the information is untrue then it's clearly defamation. It's likely also to be harassment. It's very sad that it's a close family member doing this.

 

Bringing action against the brother could be time consuming and costly.

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A Restraining Order suggests itself: http://fvlc.org/get-help/faq-restraining-orders/

 

If he keeps entering a workplace without cause (trespass) then the employer can take similar action on their own behalf (which would also satisfy their duty to your colleague's right not to be harassed at work).

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Your colleague would be well advised to consult a solicitor locally, the damage to his career could be come a matter of great concern.

 

A solicitor may suggest sending a letter advising that if the harassment continues your colleague will seek an injunction to prevent the brother from attending the work place and or a complaint will be made to the police in regard to this behaviour.


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looking at the comments i think the employer is best to ban him from entering or contacting the employer. its a shame it has come this.


:???: what me. never heard of you never had a debt with you.

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Yes that will pass some of the financial / legal burden on to the employer (good) but of course will only apply to his workplace; if it happens elsewhere, it will remain his responsibility.

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I agree, no messing about, straight to a restraining order. Don't rely on the employer, take action yourself


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

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