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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure 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 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   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? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  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]   get him to ring BC ask last payment date tomorrow.    
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Hello... I wonder if anyone can advise, please? Writing on behalf of a friend who has suffered a RSI caused by the work he does which is highly skilled and involves the assembly of microscopic cameras.

 

The company is very well known and has arranged for him to see a medical specialist... now he is worried that they will remove him the job which he has been doing for several years and enjoys, and place him on the factory floor "counting screws, or something"...

 

He is worried that he will end up doing alternative work on a permanent basis with no chance of promotion.

 

Could he ask that they keep his current position open with the promise that he can return to it if and when he recovers, or should he just accept that they will replace him? Can he refuse to accept an unskilled position?

 

Are there any alternatives... should he seek compensation, for the injury if it is considered to be permanent?

 

Many thanks for any advice. TB

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RSI is a difficult one to deal with. But to say from your post the employer has done the right thing.

 

A suggestion here now they are aware there is a problem your friend may have highlighted an issue as well. The employer could now take this opportunity to make reasonable adjustments to the working environment.


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http://www.ssdrc.com/ssd-repetitive-stress.html

 

If severe enough, I think you can claim disability for RSI - although some treatments, wrist supports and task management RSI can be managed.


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Thanks for the replies…

 

Apparently, the company has already carried out an ergonomic assessment… they have specially designed chairs and have been instructed on posture, etc…so they must be aware of the possibility of injury, I guess.

 

He has seen the specialist this morning and it has been suggested that the RSI could have occurred because of the amount of overtime he has been doing… He has gone from an 8 hour day to a 12 hour one and this has been over a period of at least 2 -3 months, I believe.

 

Whilst the overtime is not compulsory, the work is so low paid that the option to earn extra money is very hard to turn down.

 

Not sure what he will be advised to do, but I will post back when I find out.

 

TB

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Yes, please do let us know what happens - it could be useful information for others.


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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TB, is there any chance that your friend could register on CAG for free and come onto this thread please?

 

It's usually better to advise with first hand information. :)

 

HB


Illegitimi non carborundum

 

 

 

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There are two issues here

 

1. whether your friend is capable of doing their job - if they are not, they can be dismissed or redeployed

2. whether the employer ha caused the injury - which is usually resolved with an insurance claim or court case

 

While the two are related they should be seen and dealt with as separate matters.


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