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    • I'm also on the staff bank and had a substantive post too until recently. This was something our health board did ages ago, it is basically to make you actually take holidays. They should be paying you the average of your last 12 weeks rate, thats what a lot of people got backdated pay for a few years back (sure it was the 'pay as if at work' campaign they called it) but you need to request annual leave and wont be allowed to work the days you have taken leave. This was a huge issue in my health board and I would be surprised if other boards didn't take the lesson mine learned the hard way on board because they ended up having to pay a fortune out to people for leave and sick pay that had been paid at basic rate.  Its the same calculation for sick/carers/parental/maternity leave too, its always based on an average of the last 12 weeks pay
    • When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc.   You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
    • “There is the science, and then the art”.   The science gives you verifiable facts and figures. The art is applying the science in the real world, taking human factors into account.   If I had been in Wuhan, I’d hope I’d apply the principles of Bentham utilitarianism, taking all measures I could to protect myself but without risking others (so, no lying to evade movement controls). Yet, until actually placed in that situation: would I? I don’t know what I’d actually do until I’m in the situation.   What then if (early on in the Wuhan outbreak, before the travel embargo) I am already booked on a pre-planned flight out? Do I cancel it? Not if I don't have a temperature....   What if I have a temperature? I should ‘not travel’, but what would you (or I) actually do? Public opinion (looking at the case of the ‘Michelin traveller’) says to travel would be selfish.   What if I had a temperature, but my flight (booked before the outbreak) was to visit a terminally ill relative, who had only a very short time remaining?. Things are rarely cut and dried.   What would you (anyone, not just me and HB) do? Do you believe that what you think you’d do (when considering the issues) is going to always be the same as what you do when actually in that situation?   Human factors. Eyam plague: The village of the damned http://www.bbc.co.uk/news/uk-england-35064071   Would people do the same, today?
    • To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.
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Fmcool

Lowell claimform - old HBOS OD Debt***Claim Discontinued***

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Thank you

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

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get a CPR 31:14 request running to the solicitors

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don't sign anything

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wont hurt to do the above..

 

 

if the bank don't hold anything

I will guess its statute barred then as that tallies with what you are saying

 

 

this can be addressed in your witness statement.

 

 

get the CCA/CPR running.

I take it since the claimform [ or knowledge of the claim]

you have not asked them to prove their claim under CCA/cpr?


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I will try and send a request for the cca and the CPR.

 

When I received the DCA's letter informing me that a claim had been filed in the county court I had replied them requesting them to send me proof of last payments/contact to the account but not fully worded as the CCA/CPR request samples on the forum

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try = no do it!!

 

 

CCA cannot be ignored its a legal request

at least get that running tomorrow as a matter of priority...


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Am sending the letter off today.

Today also,

I have just received an E-mail for invitation to mediate via telephone service,

 

 

my question is

1. Should I still send the cca off

 

2. On the email I received,

it stated if I can answer yes to all the 3 statements mediation is available.

 

 

One of the statements is

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"

 

 

my answer to this will be no as lowell is yet to send me the proof of last payment since I have asked then 2x over a month ago.

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you answer yes until the actual mediation phonecall

THEN you say NO

 

 

please get your CCA/CPR running

you are losing time.

 

 

dx


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you answer yes until the actual mediation phonecall

THEN you say NO

 

please get your CCA/CPR running

you are losing time.

 

dx

 

 

Am a bit in a panic as I have the telephone mediation tomorrow and don't know if a deal will be reached as the claimant had failed to supply me with the requests I had asked for about 4x now.

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so post 30 tells you what to do nothing to panic about...

 

 

dx


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so post 30 tells you what to do nothing to panic about...

 

 

dx

 

What's post 30 pls, where do I get that?

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you quoted my [last] post [#30] when you posted today with your question!!


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Mediation wont proceed once you inform the mediator you are not in a position or possession of all the documents.....thats assuming you need the documents to mediate and wish to reach a settlement.

 

Andy


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Update!!!

The mediation failed eventually as I was not agreeing to settlement.

 

 

The court then sent a letter of details of the hearing to be end of September.

 

 

2days ago I received a letter from lowell solicitor informing that their client has informed them to discontinue the claim and a copy been served to the court.

 

Oops! What a great relief reading that.

 

 

I cannot thank you guys enough for your support especially your speedy responses,

glad I found this forum.

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hey you won!!

 

 

well done CAG

 

 

dx

 

 

 

 

 

 

 

 

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Good news FM......thread title amended to reflect the outcome.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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