Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1779 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am hoping I can pick some peoples brains here about contracts and employment law etc.I have worked for a company for 4years now and have a contract that I signed when I started I work 12 hour shifts on a pattern of 2 days and then 2 nights followed by 4 days off.

 

This is one block of 7, then after block 7, I have 18days off. This is also a job that is at sea, but within coastal waters no more than 12miles offshore.New staff have been taken on over the last 2 years on a new type of contract deeming the same job to be a Multi Skilled role, meaning they company will train these people for other roles within the company.

 

(Roles that I am not allowed to do, because I am not being trained. Jobs I would like to be able to train for. However also as part of this new contract, they have to do 16 shifts in a year extra at flate rate, not at an overtime rate.

 

These hours can also be used for training purposes. So say for instance I have to do a first aid course, for me, that is a days overtime, they get the hours taken off of the prepaid shifts they have to do. So in effect they are being paid upfront to do the overtime, but on a flat rate. I realise this is swings and roundabouts, but the difference is, I cannot do the training except anything that I require to keep my certification in date. Also I am being denied a financial difference and the reason being, many people on this contract aren't actually doing the extra shifts.

 

But by them not doing them, I am. But they are being paid the same at the end of the year as me, but I am having to actually do the work to earn the extra money.Also some of my colleagues on contracts before I started, when the company was owned by some other bank or business is on almost 10k pa more than me.

 

 

Also it is recognised that he is lazy etc. HR and my manager will not look at my salary or discuss my contract although it is completely immoral that in effect you have 3 different contracts and rates of pay for the same job. Suggestions? Laws? All suggestions and advice welcome.

Edited by citizenB
formatting

Share this post


Link to post
Share on other sites

Can you put some line feeds and paragraph breaks in your post please GM so it is more readable.

Share this post


Link to post
Share on other sites

immoral is not illegal, and nether is bad management. there's no legal route here.

 

what have you tried already?


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

Share this post


Link to post
Share on other sites

Are you going to come back and respond to this post Global_Mongrel or just ignore it like you have all the threads you have started since 2012 ?

Edited by Conniff

Share this post


Link to post
Share on other sites

Conniff,

 

Please accept my humble apologies for not sitting by my computer 24hrs a day awaiting your personal message. As stated I work shifts, of which I was on until 0700 this morning. So I am actually in bed and was sleeping until my phone beeped indicating an email which seeing you found it so unacceptable that I was not awake to reply earlier I felt that I best reply instead of getting the much needed sleep. How remiss of me not to stay awake.

 

Thanks also for pointing out that I have not replied to the large number of posts I have made since 2012. Which having just looked is a grand total of 3 posts. 2 of which were done today and the other one had only one reply. Which I private messaged that person to say thanks.

 

As for my failure to add in page breaks, after 11hrs at work at sea, im sorry it appears that on my screen they had breaks!

 

So seeing you are part of the site Team, I think you need to learn some customer service! Without posters your site does not get advertising. Now how do I report abuse?

Share this post


Link to post
Share on other sites

Now how do I report abuse

 

 

Click on the triangle.

Share this post


Link to post
Share on other sites

Emmzzi, many thanks for your reply and hopefully you understand that having been on nights I was asleep and unable to respond immediately.

 

The only things I have tried so far is meeting with my manager and the HR team to discuss this.

 

I was led to believe that you could not have two people doing the same job on different money unless one was more qualified etc or time served. To bring people in afterwards who are less qualified and less experienced and give them more money to me is just wrong.

Share this post


Link to post
Share on other sites

Thank you. Reported and now going back to bed to sleep so apologies to anyone who may take offence for me sleeping.

Share this post


Link to post
Share on other sites

GM, a private message has been sent to you.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
I was led to believe that you could not have two people doing the same job on different money unless one was more qualified etc or time served. To bring people in afterwards who are less qualified and less experienced and give them more money to me is just wrong.

 

It would only be illegal if the reason for the different treatment is defined as a protected characteristic under the Equality Act such as race, gender, age and so on. Otherwise, it is perfectly legal for an employer to pay two different people differently for doing the same job.

 

Unfortunately, isn't illegal. Sorry - I know that isn't the answer you were hoping for.

 

It is bad management so you can certainly discuss this with HR and management and perhaps a union if you feel you are being unfairly treated. Ultimately you can't use the law to force the employer to give you the same pay and benefits as someone else.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Many Thanks for your help and advice, I will look into discussing it via my union rep as direct discussions have proven to be futile.

Share this post


Link to post
Share on other sites

For other readers of this post, I have recieved an apology for the unprovoked abuse by their admin member and they asked if they would like the responses removed. I have requested an apology direct from the admin concerned and when I receive it then yes. However, as yet no apology recieved from the admin concerned. Appalling behaviour I feel.

Share this post


Link to post
Share on other sites
For other readers of this post, I have recieved an apology for the unprovoked abuse by their admin member and they asked if they would like the responses removed. I have requested an apology direct from the admin concerned and when I receive it then yes. However, as yet no apology recieved from the admin concerned. Appalling behaviour I feel.

 

I do prefer if you keep threads to employment issues, personally. Matters discussed in private message should stay there. FYI site team are volunteers and any advertising revenue basically pays site hosting. No one is a professional customer service rep. and everyone is allowed an opinion.

 

I hope you find a helpful union rep; do let us know how it goes? Others in the same situation will find your experience helpful.


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

Share this post


Link to post
Share on other sites

They're still representatives of CAG, volunteers or not. That's like saying that a Samaritins volunteer is entitled to abuse/insult a caller. I respect your opinion, as your not representing their brand. The admins rant is wholly uncalled for.

 

Beìng a newbie to this, I'm still learning the protocol, however telling me that I have not responded to posts is a complete lie. Prior to my recent posts, both of them, I'd posted once previously back in 2012. The responded I thanked personally by PM, to which now it appears is wrong.

 

I'm sure that if this person came at you in a similar fashion, you too would feel like I do.

 

This is supposed to be, as I understand it, a support and advice forum. Not a place to be abused by the admins.

 

But like you said, I will update once I have advice from the union rep.

Share this post


Link to post
Share on other sites

Nope.... I saw a question were you saw an attack. And not a question worth sweating it over I am afraid! It's the internet.... all kinds of opinions. You learn to ignore the bits you personally don't like. Saves a lot of energy.


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

Share this post


Link to post
Share on other sites

Part of the purpose, it seems to me, of this type of forum is to keep everything public in the hope it may assist others - that, of course, is lost if issues are dealt with via PM?

Share this post


Link to post
Share on other sites

Steven it was CAG's apology that was sent by PM and my personal thanks on my very first post out of 3, of which this is the 3rd.

Share this post


Link to post
Share on other sites

I think that this thread is running completely off-track now.

GM, I'm sorry that you are so angry with us. If you want to continue the discussion on your situation please do cut and paste your first post into a new thread and carry on from there. Hopefully that thread will stay on-topic.

 

I think that the time has come for this issue and for this thread to be closed.


Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 1779 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...