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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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paxon

county court claim for breach of contact. help with court procedure.

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In the circumstances I think a letter to the general manager is in order. (recorded delivery and keep a copy)

 

Something like...

 

Dear (general manager),

 

On 27th July I handed in my notice.

At that time I had 5 days of holiday outstanding. I asked if I could take this holiday during my notice period and I was told that too many people were off, so my holiday pay would be paid with my final pay cheque. I understood and accepted this.

 

On 22nd August I was called to a meeting with you.

You informed me that team leaders had raised issues with my performance. I completely denied all the allegations.

In the end I was told to leave the company and the remaining days left of my notice would be paid as holiday.

At that point you escorted me out of the building.

 

After considering these events, I am uncertain about my current position and I would appreciate it if you could answer the following questions to clarify matters.

 

1. Was I summarily dismissed at our meeting on 22nd August?

2. If the answer to 1. is yes:

a) Can I appeal this decision?

b) Would a reference supplied by (name of company) state that I was dismissed for performance issues?

2. Am I currently suspended while the issues/allegations first raised at the meeting are investigated?

3. Am I on garden leave for the remainder of my notice period?

4. When you said that the remaining days left of my notice would be paid as holiday, did you mean:

a) That you were giving me notice on 22nd August to take 5 days paid holiday from and including 23rd August?

b) Do you intend to pay me the notice pay due for the remainder of my notice period?

 

I would appreciate an response at your earliest convenience or within 21 days.

 

Yours etc.

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IIRC employers are not allowed to give bad references. This includes a reference stating that an employee was dismissed for specific reasons. They can only refuse to give a reference.

 

Edit: they can give out a bad reference as long as its truthful and doesnt contain off-topic comments.

 

In the OP's case, this is impossible for the employer to do as no investigation etc was performed. If the now ex-employee applied for another job and the reference stated dismissal for certain reasons, the employee would have a pretty solid lawsuit on their hands.

Edited by renegadeimp

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Good morning, I am currently in the process of taking my company to court for a breach of contract claim and I am having a real hard time finding a guide on the internet as to how the court works. I just have a few questions if anyone is able to help it would be appreciated.

 

1- how does a county court work, what I mean is first I submit the particulars of claim, at this point do I have to attach all and any supporting paperwork? There are literally about 200 pages of supporting docs. Can I just bring that on the day or do they want that attached? If yes will my claim get struck out if I bring extra paperwork on the day?

 

2- Is the particular of claim the document I read in court or is it like a tribunal where I would prepare a sort of bundle before?

There is so much by way of back round I would need to tell the court and the poc is limited on what you can put on it.

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Hi as well part of my claim is for a unspecified amount, due to the new court charges I am unsure what to pay, I am initially claiming up to £3000 but there is a possibility it can go over that so what fee should I pay and will the court refund you part of the fee is you pay a higher amount and claim end up being less

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The Civil Procedure Rules, which govern how the court's work, are on the Ministry of Justice website. In particular Rule 7.4 regarding Particulars of Claim are at: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.4 The short answer to 1 is no; you don't supply your evidence at this juncture. You supply your Particulars of Claim [PoC] and the Respondent responds to accept/deny/ask you to prove each point in your PoC.

 

A bundle should be supplied to the court (and the Defendant) before the hearing - think the dates for this will be ordered after the Allocation Hearing.

 

There is a guide aimed at the litigant in person http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf


In England advise is a verb (a doing word) advise/advising/advised, advice is a noun. I might ask for advice or give advice.

 

The same with license (verb) license/licensing/licensed, but one would have a driving licence (noun).

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Also have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

You don't attach all the paperwork to the Particulars of Claim. The POC is a concise summary of what the claim is about, the legal basis for your claim and what you are claiming. Later in the process you will normally be ordered to serve copies of all the evidence on which you intend to rely on in court on the other side a certain number of days before the hearing. If there are a lot of documents this should be in the form of a bundle.

 

If there is a lot of general background which is genuinely relevant to the case, you would normally set it out a witness statement which would be filed with the rest of your evidence. Please be aware that small claims are dealt with fairly swiftly, the judge is unlikely to trawl through 200 pages of evidence and will not be impressed if bombarded with irrelevant background that doesn't directly impact on the claim.

 

It is difficult to claim a certain amount now and add a greater amount later. What you are claiming should be clear from the get-go. If the amount you are claiming is not known you would normally express it as a claim for xxx 'up to xxx'. The 'up to xxx' is important to keep the total below 10k to keep the thing in small claims. You won't get any refund of court fees if the amount goes down. You can't use moneyclaimonline if you are not claiming a specified sum of money.


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Hi guys just a quick question for anyone who kbnows, I am taking my employer to county court and they have submitted there defence and on the moneyclaim website it say-

 

"A bar was put in place for ( company name) Limited on 04/08/2014"

 

Does anyone know what this means?

 

Thanks in advance.

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Doesnt that mean that a CCJ cant be placed?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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No idea, will ask others for you.


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There's no such thing as a 'bar'.

 

Have a look on Companies House at http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo and check to see what it says about the status of the company. They may be trying to put the company into liquidation to avoid paying you.


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I have no idea either. I think I would start off by telephoning the MoneyClaim help line. They are normally pretty good – once you get through.

 

Please let us know what this is about. I can imagine that most people may not know and we are curious about it.


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If the company is insolvent, it shouldn't be trading in the first place, but you won’t be able to start legal action against it without the permission of the Court. You can check if a company or individual is insolvent by searching the Individual Insolvency Register.

 

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/eiir/


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cheers guys, just called the court and it is,- if they receive a defence on the due date i.e the 14/28 days mark , they put a bar on the claim to stop you requesting judgement by default. nothing more.

 

thanks again though.

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Hiya,

 

I am having the same issue, just called the helpline and i was told that due a to recent system update some cases are having this bar applied. The lady took my email and sent me a email and replied me with my case details and asked me to provide the defense to the following email - mcol@hmcts.gsi.gov.uk or fax 01604619526.

 

Cheers,

Vincent

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