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    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
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    • Hi @BankFodder
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Harlands/CRS **WITHDRAW COURT CLAIM**


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Hi Fed,

 

I suggest you fire off the defence now, post a copy of it here, and keep us informed of further events.

 

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Sorry - the above information was based upon a conversation with MCOL this afternoon.

 

I've issued the defence:

 

"Please see the defence to the above resissued claim:

 

The claim is denied.

 

The claimant has not supplied an account dated 16/08/2014 detailing the amount claimed."

 

Cheers

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looks like I'll have all this to come :-( and my mother. good luck federalez! sure makes for interesting reading, can't believe how long this has taken you and how much it must have cost them. utterly ridiculous, wonder how they're still in business wasting money like this.

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  • 1 month later...

Hi Crunchy

 

Good luck in whatever engagements you have with Harlands.

 

Guys - I have no idea what happened with the county court claim made against me, but after the submission of the latest defence I have received an offer of settlement.

 

The current "balance" is set at 386.33, which they've kindly offered settlement at £193.17.

 

Does this mean that Spratt Endicott / Harlands / CRS have chosen not to pursue the county court claim? How do you think I should proceed?

 

Cheers

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You ignore them

File your claim fleecers or go away

 

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... 

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Hi Fed,

 

Who made the offer and exactly what did they say.

 

I assume you have not heard anything from the court since your defence was filed but please confirm.

 

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Hi Slick,

 

The letter of offer was from Spratt Endicott. As below:

 

"SETTLEMENT OFFER - £193.17 - WITHOUT PREJUDICE

 

We refer to the above names matter and to recent legal proceedings and your defence submitted in this matter.

 

Our client is willing to accept a reduced settlement figure of £193.17 in order to draw this matter to a close. If you cannot pay immediately, we can arrange a different arrangement over a longer period. All repayment offers and settlement proposals will be considered, call us and see what we can arrange for you or alternatively you can email email addy removed.

 

Should you have any questions please telephone....

 

Can you please contact us within 14 days of this letter..."

 

Prior to that I received confirmation that my defence had been passed to the claimant - but nothing more.

 

What do you think the next steps should be.. I don't quite understand what they're playing at?

 

Cheers

Edited by slick132
removed email addy
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Hi Fed,

 

I'd send a Without Prejudice reply to SE saying :-

 

Dear Mr xxxxxx,

 

Thank you for your letter of xxdate.

 

I maintain that I owe nothing in respect of this matter and have sufficient evidence to defend the claim successfully in court.

 

Accordingly, your Settlement Offer is rejected.

 

Yours sincerely,

 

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  • 2 weeks later...

Hi all,

 

I have now received a letter from SE saying:

 

"Please be advised that our client the Claimant is withdrawing the Claim from the Court.

 

However this matter is now being passed back to our client Credit Resolution Services."

 

Seems I may have another bout of correspondence from CRS in the next few weeks....

 

Cheers

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Hi Fed,

 

Yahoo !!

 

This is the best news I've had all week.

 

If CRS have the temerity to write to you again seeking a penny, we can laugh in their face and tell them where to go.

 

If they persist, you have excellent grounds to take THEM to court seeking a nominal award (at the court's discretion) which would stop their antics for good.

 

Delighted at this news !! :whoo: :whoo: :whoo:

 

:-)

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Hi Slick..

 

Of course, I'm very pleased. They're clearly a persistent bunch, so I hold little hope they'll rest...

 

As always, your assistance and support in these matters has been nothing short of phenomenal.

 

Have a great B/H weekend.

 

Cheers

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You have a good w/e too and, when I have a cheeky beer tonight, I'll raise a toast to your success.

 

Thread title amended to reflect your **WIN**

 

:-)

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Excellent nice result Fed.Just check with your court that they have filed a Notice of Discontinuance......just for peace of mind.

 

Well done

 

Regards

 

Andy

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Excellent news :)

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  • 1 month later...
  • 8 months later...

Hi all,

 

Feels like a while since I've been in touch - so thought I'd catch up with my friends at CAG :)

 

While I should have, I absent-mindedly neglected to inform you all that the notification of discontinuance was filed on the 3 Sept 2015. I have heard/received nothing of this affair. Well, at least until Tuesday this week...

 

I've received an email from the solicitors (Spratt Endicott) who represented Harlands/CRS :

 

"We have been trying to contact you. Please could you contact us on 01295 204074 regarding our reference 1xxxxx.xx2 between 9.00 am - 5.30pm Monday to Thursday and 9.00 am - 5.00pm Friday.

 

Alternatively, you can reply to this email and we will respond accordingly, it is important that we speak with you."

 

Of course this comes as a surprise as I, maybe naively, believed this could be behind me.

 

Do you think I should acknowledge this?

 

Regards

Fed

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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... 

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Hi Fed,

 

You could safely ignore this if you want and make no response at all.

 

Or you could drop Spratts a brief email for a bit of sport :-

 

I refer to your email of xxdate and must ask why you are seeking contact from me.

 

It really annoys me that Spratts are happy to pester folk on the orders of Harlands/CRS but without bothering to check any paperwork or history, to satisfy themselves that any money is really owed.

 

See how they reply and then decide if they should be reported to the SRA.

 

:-)

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Why do I get the feeling they will try legal again.?

 

Spratts have not "tried legal" with one single case we've seen here since they started acting for Harlands/CRS. :flypig:

 

If they "try legal" again on this one, I pledge CAG a Site Donation of £25.

 

:-)

We could do with some help from you

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Hi all,

 

Why do I sense that they were dipping their toe in the water again?

 

My response : "I refer to your email of 7th June 2016 and must ask why you are seeking contact from me?"

 

SE response : "In order for me to discuss the file with you for data protection purposes can you please confirm the first line of your address and postcode.

 

Once this is confirmed I can disclose the details of the account to you."

 

My response : Provided above details

 

SE response : "Sorry the email was sent in error."

 

This is despite the fact that it was sent P&C with a previously used reference!?

 

Maybe I read too much into it and an over zealous junior administrator took it upon themselves to reopen old files they chose not to waste time on, but what likelihood/sense of closure do I have here? This will continue to be an open case I presume!?

 

Cheers

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Hi Fed,

 

You may be over-thinking this. I think Harlands/CRS just passed on a bundle of customers who they say were in arrears, so Spratts could send out begging letters.

 

I doubt Spratts had any knowledge of the court action taken previously by the other solicitors.

 

Just typical of Harlands/CRS to get things wrong.

 

Let us know if you get any further demands.

 

:-)

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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