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    • Thanks,    I've read the info from the link, nothing I wasn't aware of really. I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up. The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point. I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call.    I'm still not happy about posting the entire details online but I'll take a look at some of the other threads to see if there's anything relative. 
    • Looks like my mistake. The new machine requires the full reg to be entered now, whereas before, only the first two numbers were required. I entered the first two numbers.
    • Reciveed a summary warrant, phoned up the council who said it was not longer anything to do with them and I'd have to speak to walker love the firm who deal with their summary warrants. I said I wouldn't have anything to do with them becasue it looks like a dodgy dca and I  I don't trust them, the debt is with the council not walker love. Anyway turns out they have no record of an arrangement to pay last years outstanding amount so whatever's gone wrong they have cancelled this years installments, even though regular payments have been made, they then took a summary warrant for last years and this years outstanding amount. I've cleared last years outstanding amount to the council and have a payment reference number, and the council say they'll make contact regarding a single person's discount  which was missed and then calculate the payments for the rest of this year. They say they sent out three letters threatening the summary warrant which were not received. Now to my question, my argument that the debt was with the council and not walker love, and as I've paid and agreed to pay what and the council say they'll contact walker love and stop the action, is this correct or will walker love still pursue? 
    • I'm trying to get my head around this. In effect, over the years you have been paying your own bill for yourself and also the bill for your neighbours usage as well – as metered. At the same time your neighbours have been paying their own water bills based on an SS charge. This means that Yorkshire water have been receiving double for your neighbours water. Now they are proposing to return to you the portion which which they now say represents the amount of water used by a neighbour. I think it would be interesting to talk to your neighbours and see if you can get copies of their bills over the years. Our Yorkshire water proposing to return to you the same amount of money that they charge your neighbours? Even if your neighbours don't have all of their bills to hand, maybe they've got one or two bills available and if it looks as if there is a discrepancy then maybe your neighbours would be kind enough to send the water company and SAR as well. I don't know if I have suggested that you read our customer services guide – but if I haven't then you should do so and implement the advice there in case you have any telephone dealings with the auto company. You haven't said whether you want to have a metered supply or to have an SS charge. Please let us know because it makes a big difference to the final solution you will be looking for. If you want to metered supply then I think you are absolutely entitled to insist on it and you are entitled to insist that Yorkshire water and if this is in your garden, they should then pay for any repairs.
    • Not sure if this is the correct forum, so I apologise in advance.   So, the situation I am currently in.. is that a family member opened a Littlewoods account in my name, at the address I used to live at (Family home). The account was opened in November 2018, goods were obtained and then payments were missed. I usually check my credit report and score every month, but (somewhat foolishly) I didn't bother checking for a few months as my score remained the same. I didn't notice this account on my report until several months after it was opened. I obtained statutory credit reports and went through everything. I then filed this issue with Action Fraud.   I contacted Littlewoods and explained the situation to the fraud team, re-iterating the fact that an account was opened at an address I had not lived at for almost two and a half years at the point that this account was opened, not to mention the account is under a 'Mrs', when I am male. They proceeded to tell me that it was a civil matter and not one for them to deal with. I told them that the amount owed wasn't the issue, but rather the adverse effect it was having on my credit score as I was considering applying for a mortgage soon. They simply doubled down on their 'civil matter' point and hung up on me.    I got in touch with Experian, who added a notice of correction to the entry on my report and provided a template for me to send off to Shop Direct. I sent this letter off and received zero response. The family member had started to make payments after I threatened reporting this to the relevant people, but the account, and the several months of missed payments, still remain as a black mark on my credit file. I will add that I got a CIFAS marker placed on my account to try and prevent this sort of thing from happening again in the future.   I have also filed this issue with the Financial Ombudsman. I guess I am posting this because I am not quite sure where to go next or what my next actions should be to get this removed from my credit report. It is incredibly disappointing that a family member would do this to me, but it is also extremely annoying that Littlewoods themselves have been very unhelpful in trying to rectify this issue that has occurred at such a point in my life when I am considering applying for a mortgage. Any help or advice would be greatly appreciated.   Thank you.
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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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