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    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
    • So then the guide is incorrect. I don't have duplicate entries on my credit file even from the piggybank loan which is the only one of the 3 that i'm aware of being sold.  I'm subscribed to all 3 so have checked them all. So 2 of the 3 PDL's are not with DCA's and the same 2 companies are in administration and from what i read that means they can be removed.  I will re read the guide but am sure that applies.     "If the company who reported this info doesn’t exist anymore – Then you have a right to have the information removed by default. Its only in the case of where it hasn’t been picked up by a Debt Purchaser."
    • Yes, had no symptoms,  just took the test in case I was positive, and didn’t want to spread in case I was positive and carried on working.   On the test instructions leaflet they gave me with nothing on the back to say you should isolate now till you get test results.   so don’t know where I stand, I believe I haven’t broke the law.   as I believe there might not a employers covid testing policy in place, and not signed a document. I have read about what to do etc. I cannot check as suspended, but will ask for a copy.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Cabot/nolans SPC Claim - Old Next CAT Debt***Claim Dismissed***


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Really...... you dont understand that a Default Notice must be served before any creditor/owner can enforce the agreement ?

 

Thats worrying considering the stage you are at in defending this claim.

 

 

Andy

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you don't have to use any legal language.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You simply have to get across to the sheriff that they are being misled by the claimant...there is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments without the need of service of a default notice and that claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed to enforce the agreement.

 

If a default notice was never issued then they must evidence the termination notice of the agreement.

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/termination-of-agreements

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don't forget post 70 too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

knock something up

and we'll help with it.

 

bit busy at present

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

His fees will probably be more than the debt !!! :roll:

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 The National Consumer Service

 

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

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His fees will probably be more than the debt !!! :roll:

 

I hope not, no win no fee with me covering out of pocket expenses for court appearances approx £30. Rest of fees will be claimed from other side.

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doubt he'll get that under an SPC claim.

hope he knows about consumer credit and the act else this could be a very costly case for you if he loses it for you...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

and did you waste your money..............

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...
and did you waste your money..............

 

 

Matter is still ongoing, got a hearing date of 9th May, this is for hearing that my solicitor has requested due to the sale of the debt.

 

 

Will update once we have been to court.

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what is he querying with regard to the sale?

if you got a notice of assignment that's it done and dusted.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They applied to the court to change date of assignation and sent along the contract of sale between the OC and Cabot,

 

apparently there is something wrong with this

, I’m unsure exactly what but I’m sure will will find out.

 

There’s also the no default notice, they're claiming they don’t need it as only claiming arrears on account.

 

.. just a shame the arrears amount to the whole balance !

Edited by dx100uk
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ah the old don't need a default notice sc@m they are all using in Scotland now

very typical of nolans..[they invented it!! others follow suit]

 

there are cases here already if you read thmn, whereby they even go so far as to say the default notice is totally unnecessary in Scottish claims and the sheriff has got it all wrong.

 

go read the threads in this forum.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

Update, been back to court on the 9th, Sheriff was 50/50 with our argument about the sale of the debt being incomplete, ie not a full copy plus missing signature from the original creditor.

 

 

Finally agreed and has given 4 wks for them to come up with the correct paperwork or case will be dismissed.

Still haven't argued the failure to provide default notice so hoping this will be the end of this matter.

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well done!!

 

it gotta be more like 80/20 in your favour else the sheriff would have nailed you weeks ago.

 

the more hearings the better

as its probably cost them 2/3 times the value of this debt already in sols fees which they will never get back.

 

it all mounts up and put pressure on the fleecers to seriously consider throwing the towel in.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 4 weeks later...

So been back to court again and they have failed to provide anything further with regards to the sale of the debt.

 

I believe they did produce a default notice however sheriff wasn't impressed about the sale of debt.

 

Case has been dismissed (final disposal) however I believe they have 28 days to appeal ?

 

Not sure if they will ?

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I doubt it... well done User.

 

Hope your legal fees were not to extortionate...thread title amended.

 

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 The National Consumer Service

 

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