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    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
    • Glick, is that rhyming slang?   Nice if you could phrase your own opinions an thoughts.
    • Thank you for the clarification, people should be along to advise later.   HB
    • Anyway now I am repeating myself.I will say that, if the Magistrate is merely witnessing the Declaration was made, why in part 23 does it say the court may accept service of such a declaration .   Section 14 of the majistrates act sub 3   And I am also repeating myself when I say the SD will be examined if out of time. I mean it says so on the application for god sake. The fact that such an application is not applied straight to the court should be A clue As for the points you keep raising about misreading the OPs original post, it happens, get over it. It makes me think your comments are more personal than about the issue.   Glick, is that Bluebottle by any chance, well well?    Indecently I never said anyone will be interrogated here, that was you,   An SD is not proof, you said that yourself, as does the old act.   As for making a deal on how to plead, really, so what does the prosecutor tell the DVLA.
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isbo

HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

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Hi, first time caller!

Fantastic forum, you guys do amazing work.

Thank you.

 

I'm in receipt of a very similar County Court Business Centre Claim Form from Hoist (who??) and Howard Cohen.

 

Thanks to this thread today I'm sending the claim form back as "defend all" and submitting CPR 31.14 to Cohens and CCA to Hoist.

 

My question is

- what do I do next,

since I've now told the Court that I'm going to defend,

and therefore have a limited time-frame to do so?

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Hi isbo and Welcome to CAG

 

I have started a thread of your own for your claim.

 

If you would read the following link and copy/ post your responses back here to enable the best advice on proceeding with your claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy


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Name of the Claimant - Hoist Portfolio Holding 2 Ltd

Date of issue –1st March 2016

What is the claim for –

 

 

1.owing under an Agreement with the account no. 5301xxxxxxxxxxX pursuant to The Consumer Credit Act 1974 (CCA).

The debt was originally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

2.The Defendant has failed to make contractual payments under the terms of the Agreement.

A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The claimant claims

1. The sum of £3300 (rounded)

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 17/10/12 to the date hereof 1227 is the sum of £900 (rounded)

3. Future interest accruing at the daily rate of £1.00 (rounded)

4. Costs

 

What is the value of the claim? - £3,300 rounded

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? I can't remember but I think it was circa 2006.

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. HPH2

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can recall no.

Did you receive a Default Notice from the original creditor? Unsure.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

 

Why did you cease payments?

I suffered a nervous breakdown brought about by stress, was hospitalised and then sectioned. I was self-employed then subsequently in receipt of DLA for a period of time, before becoming self employed again.

 

What was the date of your last payment? No idea but it would be at least as far back as 2012.

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? No.

 

 

 

due to financial marriage breakdown and financial implications from that I have moved a number of times since 2011 and appeared to have dropped 'off the radar' until recently. I think my signing up to Noddle credit file has re-ignited me with creditors.

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Many thanks ...

 

Get your CPR and CCA up and running and keep an eye on your defence date.

 

Regards

 

Andy


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Have done Andy. I know I've said it once but a huge thank you.

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Andy - I have today received two letters, one each off Howard Cohen & Robinson Way. They are transcribed in full, complete with their rubbish grammar as follows:

 

1) From Howard Cohen & Co. dated 9th March but only received today.

 

Dear Mr XXXX

Our Client: HPH2 LTD (Ex Barclaycard)

Account Number: xxxxxxxxxxxxxx

Amount Due: £4,500 (rounded by me)

 

We acknowledge receipt of your letter dated (they have not inserted any date here) made under C.P.R. 31.14 for documentation mentioned in our Particulars of Claim.

We are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

Yours faithfully,

Howard Cohen & Co.

 

2) From Robinson Way Debt Collectors dated 17th March and also received today.

 

Dear Mr XXXX

Due to: HPH2 LTD (Ex Barclaycard) Our Reference: xxxxxxx

Account Number: xxxxxxxxxxx Amount Due: £4,500 ([rounded by me] exactly the same amount as the other letter)

We acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act.

Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Claim against you.

As you have filed your defence in this matter, all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process therefore please find enclosed your £1.00 fee.

If you have any questions please contact our office on 0345 266 8876.

Your faithfully,

Customer Contact Manager

 

So, almost two weeks since I wrote to them both, I get a reply, and the amount claimed has dramatically and without explanation leapt by twelve hundred quid. What should my next move be, please?

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Prepare your defense, no more action required re RW and Cohen for now.

Do not miss yr deadline for filing defense, atm it woukd be no paperwork/holding defense.

Edited by martin2006

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Hi Martin, and thanks.

Edited by martin2006

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OK hang fire, i have found a differing opinion, please see below, sorry to confuse but the comments below makes good sense and come from the site team.

 

Once a claimant offers extension by way of CPR 15.5 (an extra 28 days) its your choice to accept and if so inform MCOL(with a copy of the claimants confirmation) that you will be be submitting by this date.

 

By agreeing extension all you are doing is providing the claimant further time to recover/create the paperwork and prolonging the process for yourself...so ignore.

 

Your defence will not be based on anything they wont disclose pre defence...and they wont disclose because they dont wish to assist with your defence along with the fact that they have nothing at this stage to disclose.

 

Your defence will be a simple holding/verifying proof defence...which is available through out this forum and in the Legal Successes forum.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks, but I'm pretty confused now. My first thought was 'why would I want to allow them more time?'.

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my apologies, all you are doing is allowing them more time to find documents, which doesnt do you any favours, it only serves to help them


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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They have brought a claim against you, they should have had their house in order before doing so, ie they should have had the documents upon which they will rely, so what they are doing is saying, ahhhh crap, we dont have the agreement, lets see if we can get some extra time to find it.

 

The answer is no, you dont allow them more time to do the work they should have done before issuing a claim in the first place.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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theres no compulsion for a claimant to hold any paperwork before issuing what is 'a speculative claim'

 

 

never give them more time...

always defend all

even if you 'morally' think you owe money!

 

 

dx

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Thanks both ever so much. I'll try to find the appropriate defence on this forum.

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my apologies, all you are doing is allowing them more time to find documents, which doesnt do you any favours, it only serves to help them

have mentioned this before. to avoid that, site needs to amend the 'template' cpr 31.14 letter that peeps use so it doesnt auto include the extension/more time offer. its not good to offer an extension, then when they take up the offer, then not agree to it. not that it wld make much difference overall, just simplifies matters. :)

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IMO

:-):rant:

 

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You dont have to let them have more time - IMHO, I would stick to the original time table as set out by the court.

 

I am rather interested to see that they have increased the debt in their letter - what they have done is added the court costs into their calculations. I think this is wrong - the amount of the debt is £3,300 and unless they win that claim, then any costs are irrelevant.


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agree. just saying generally, dont offer the extension/more time in the first place if dont want to give them more time, just do the cpr with x days? :)


IMO

:-):rant:

 

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So sorry but I'm struggling to understand exactly what it is that I must do next: am I to write to the Court, if so is there a particular form to use?

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As the offer to extend was in the CPR 31:14 letter it will probably do no harm to agree, inform via MCOL of agreement to extension and inform Cohens of same by letter.

 

Note the new defence filing date and file on time.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Bugger it. I did think it was odd to offer them an extension.

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As the wording to offer such an extension was in the CPR letter it would seem unreasonable not to agree on this occasion but the general rule is not to.

 

If they dont have the paperwork then it becomes a no paperwork/holding defense until such time as they produce it.

 

But if they find the paperwork, they can re open the claim anyway, so the time allowed for filing is really irrelevant, it just delays the initial outcome


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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isbo

your initial defence deadline is around the beginning of april.

the defence extension by letter under that offered in the cpr letter is under CPR 15.5, which only allows for 28 days extra after that. they prob wont come up with much or anything in that extra time.

therefore, wld also suggest just doing the defence by the initial court deadline. (if, however you do want more time, then can do the letter to the court as per 15.5, saying have agreed an extension)


IMO

:-):rant:

 

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Hi Ford, and thanks for your help.

 

OK that makes sense to me, thank you.

 

To file my defence, what do I use?

A Court form?

 

I've tried to find it on this forum but am struggling to know where exactly to look.

 

I've put a search for "defence" on the site but obviously this brings up heaps of threads.

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We could do with some help from you.

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

 

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