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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 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   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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pinklisar

Received p45 with payslips but no final pay. 'laid off' while pregnant and off sick.

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Hello everyone,

 

I'll try and keep it quick as it is a bit of a headache.

 

July 2014 started working for a small local business. No contract signed.

 

Dec 2014 found out I was pregnant.

 

Jan 2015 told employer I was pregnant. We discussed my Maternity Leave starting on July 3rd. I tried to make all of my maternity appointments on days I was not working, even changing midwives. Due to my health this was not always possible. I had a few sick days in Jan / Feb due to pregnancy illnesses and depression.

 

Feb 2015 prescribed 25mg Amitriptyline which was doubled to 50mg after 7 days. Also prescribed Codeine and referred to a physio for PGP. My boss knew all of my health issues.

16th March signed off for depression from 16th-23rd March.

 

On 23rd March my boss text me to ask why I wasn't in work, I tried explaining that the sick note was inclusive of 23rd and I would be back following shift which was on the following weds. He said I was wrong and phoned his gp who said I should have been back at work that day than phoned my GP who said my next day at work was Wednesday. The text messaging went bck and forth for a little while and actually made me very ill that day. I went back to GP that day who was not happy my boss had phoned his surgery and signed me off again and said it was inclusive of dates and if I didn't feel any better by following Friday than to go in and see him again.

 

23rd March signed off for depression from 23rd - 30th March.

 

Friday 27th March went back to see my GP as my depression was getting worse and Amitriptyline was doubled again to 100mg. Text my boss to say I had been signed off for another 2 weeks (27th March to 10th April)

I text my boss to say I had been signed off and he text back saying he needed sick notes that day and I also needed to phone him.

 

I phoned him that afternoon and he said he was in a bit of a predicament and he either needed to reduce my shifts to one day a week or lay me off. The discussion ended up going in the direction of me being 'laid off'. I specifically asked him if I was being fired or made redundant and he said 'no, you are being laid off. it's different'.

 

The conversation was quite amicable, he knew I wasn't well and I think he was genuinely concerned for my health. I said on the phone I understand his situation and I would be leaving soon to go on maternity leave. There was no discussion about any notice or when my final day was, I assumed it was that day.

 

On 2nd May I received my p45 in post with a couple of old payslips and a payslip dated 4th April with SSP payment and an overpaid holiday deduction. I have not received this final pay. Can I ask him to send me this in a cheque? We used to get paid cash weekly on a Friday for hours worked that week and I was once paid by cheque as he didn't have enough cash on him to pay.

 

The p45 also has my leaving day down as 4th April and is dated 2nd April.

 

I have had no contact with my previous employer since that conversation on 27th March. My boyfriend took my sicknotes down to him on 27th March as I just couldn't face it.

I really want to have as little contact with my previous employer as possible, the whole situation made me worse when I was already quite ill and I am starting to get better and don't want to do anything to knock me back down or affect my health or the babies health.

 

Can I text him to ask him to send me a cheque for the final pay amount? I really don't want to talk to him as I have been worrying since I got my p45 on Saturday. I didn't even realise I was owed and SSP and tbh I could really do with it now as I have no income until I get my Statuary Maternity Allowance in a few weeks.

 

Thank you all for reading my post x

Edited by honeybee13
Paras.

Pinklisar

:p:razz:

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Can you not email or write to him, that way you will have a hard copy.


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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.

 

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Can you not email or write to

him, that way you will have a hard copy.

 

I could write to him. I hadn't thought of that! Doh!


Pinklisar

:p:razz:

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I think it will be best if you do write rather than phone - just in case you need to escalate things later on, you will at least have proof that you have tried to resolve things amicably.

 

I am sure others with more knowledge in employment matters will look in on you soon with some advice.


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

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