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    • Russia’s economy has been cut off from the global financial system - but it is still growing. Why?View the full article
    • Well done. Are you able to tell us more about how it went on the day please? HB
    • when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward. simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse. end of problem.  
    • Food prices, including a $40 chicken, has stoked fury and calls for big foreign supermarket chains to come to Canada.View the full article
    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No 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 ? Online 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. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 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 Here is my Defence: Defence - 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Thank you.

 

I need Respondent to disclose proceedings of the similar case to prove inconsistency of my treatment. However, as they can say it is confidential information, how can I do that? I already asked them to disclose that information but they did not reply.

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Proceedings as in a Tribunal Claim? If you have matters which are relevant to proceedings then you can make an application for an order to disclose it.

 

It helps if you have asked them 2-3 times for the information and set say a 7 day deadline for response then at the 7 day point on failure send the chaser.

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Internal proceeding related to my case.

 

You need to be more specific. Exactly what do you think exists? You will need to identify what documents you say exist when asking the Respondent to disclose them then the ET. You will also need to state how/why those documents are relevant in order to obtain any order for disclosure (you can of course note that cost to the Respondent is NOT a consideration when it comes to disclosure).

 

Simply put you need to be accurate. Anything else will be seen as a fishing exercise and will not be given.

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Thank you.

 

I need Respondent to disclose proceedings of the similar case to prove inconsistency of my treatment. However, as they can say it is confidential information, how can I do that? I already asked them to disclose that information but they did not reply.

 

In a Court (Tribunal) action, there is no confidentiality The Judge would ask to see the document and decide if it is confidential I believe they would have to disclose it

 

Have you submitted a Discrimination Questionnaire?

 

The other side doesn't need to respond but it is still a good idea to ask

 

See this website

 

 

http://www.guildhallchambers.co.uk/uploadedFiles/Howtowinadirectdiscriminationcase_SS.pdf

Edited by honeybee13
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  • 5 weeks later...

Update:

Respondent's solicitor is playing unethically . Witness statements are to be sent by 1 November 2018 . However, they still temper with the hearing bundle. So, i don't have the final hearing bundle and can not , in my witness statement, refer to any page or document from the bundle.

 

I requested omitted pages to be added, some to be replaced as it is illegible. What they did, is to make new bundle which have only asking documents ( not all ) and they omitted now allllllll my evidence, put just their. It is so unfair and stress me out. I emailed them now that if they don't send me final bundle I will prepare supplementary bundle pages. Please tell me what claimants do in this cases , when respondent obviously omit and not taking claimant's evidence in the bundle?

 

Another question:

You told me to make subject access request , which I will definitely after witness statement's exchange , seeing how unethically they behave. I am asking who from i have to request that ? From Respondent's solicitor or from Respondent ( company ) directly ?

 

Thank you .

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Make the SAR directly to the company itself Make it clear that you would consider it an act of victimization if they delay and/or fail to release your personal data

 

 

Regarding the omitted documents, make your own supplementary Bundle However, you can make another request for the documents to be included

 

 

Copy the Tribunal into your request

Edited by honeybee13
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@ Dondana . Thank you very much.

They sent me finally agreed bundle pdf.

 

I have to exchange witness statements soon. I have one witness. I want to ask, can I refer to points made in witness statement of mine, even if it still is not in the bundle?

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  • 2 weeks later...
Make the SAR directly to the company itself Make it clear that you would consider it an act of victimization if they delay and/or fail to release your personal data

 

 

Regarding the omitted documents, make your own supplementary Bundle However, you can make another request for the documents to be included

 

 

Copy the Tribunal into your request

 

I am writing SAR, found template on https://www.workingfamilies.org.uk/articles/2686/ . It says at the end 'within one month' which is later than my hearing. Can I write until the hearing? Give them 10 days?

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What points are you seeking to refer to? If there are additional documents you can append them to your WS and refer to them that way.

 

I want to refer to a statement of alleged victim they have not included in the bundle, but of which I was accused, for reason that 'victim' did not give a consent for that to be given to me/ notes to be released to me.

 

I also want to refer to another process that would show that my disciplinary process was flowed. Namely, they engaged another, independent person to chair a grievance ( not even disciplinary ) , whilst my disciplinaries were started chaired, investigated and decided by one person.

 

I also want information that another coworker's mental disability is taken into account for giving a lesser action/ sanction.

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Update:

We exchanged witness statements. One of respondent's witness is the main person who heard my appeal. It witness statement , in my view is absolutely inadmissible. Comments, opinions, arguments, reference to evidences of other witness . referring to what I said ( of course wrongly ) but not giving any evidence ( no notes of the hearing in the bundle) , and not referring to any evidence in the bundle. I read that should point to judge to exclude such witness statement as evidence, can I ? It would be waste of time to cross examine the person. The person gave its decision, and now in the witness statement is 'explaining' the decision , which already was given. Not even giving reference to that decision.

 

As for the expert witness report regarding my disability, Respondent enquired , it is confirming my point, that i have had been mentally challenged at the time of disciplinary.

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I don't think you can determine that someone's statement is inadmissible

 

You should start writing the questions you are going to ask If the witness statement is devoid of details, you should ask questions so as to provide details to the Tribunal The other side always tries to give as little information as possible

 

It is your job to ask the right question to get to the root of the matter It is your job to ask the right questions to reveal the facts the other side is trying to conceal It is not so difficult but you need to be sure of your destination and think of how to ask the right question to lead to there

 

I see it as a positives when someone gives little info It gives me the opportunity to dictate the direction of the questioning

 

Start writing your questions now

Edited by Andyorch
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Tomorrow was the hearing 10 am. However, I 've got email from tribunal now , 15.12 that case os not ready for the hearing and tomorrow will be a preliminary to decide on my disability .

I handed gp letter on the first ! disciplinary , ( final warning) , nothing was done, not even mentioned, neither on the final warning nor in the dismissal. I claimed disability adjustments. They denied it . Asked for independent expert to give a statement. Expert indeed confirmed that I am disable as to act. I received the statement through bundle. Never sent to me as independent review. Never pointed to as the expert statement. Now, some judge sent me email to come tomorrow , instead to hearing to another preliminary hearing! to decide on my disability !!!!!! Please tell me is this normal , as I don't see it normal. And if it is normal , tell me why it is normal. Judge hired 3 ! hours

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Tomorrow was the hearing 10 am. However, I 've got email from tribunal now , 15.12 that case os not ready for the hearing and tomorrow will be a preliminary to decide on my disability .

I handed gp letter on the first ! disciplinary , ( final warning) , nothing was done, not even mentioned, neither on the final warning nor in the dismissal. I claimed disability adjustments. They denied it . Asked for independent expert to give a statement. Expert indeed confirmed that I am disable as to act. I received the statement through bundle. Never sent to me as independent review. Never pointed to as the expert statement. Now, some judge sent me email to come tomorrow , instead to hearing to another preliminary hearing! to decide on my disability !!!!!! Please tell me is this normal , as I don't see it normal. And if it is normal , tell me why it is normal. Judge hired 3 ! hours

 

The Judge wants to know if you are disabled according to the Equality Act 2010

Take your GP's letter

Also, a question a Judge would ask is the Impact Statement

Impact Statement is simply for you to tell how your disability affects you on a day to day basis

Another issue is that you need to go back to the Respondent's defence

What did they say?

That's where most of the questions would come from

I believe they are going for a technical knock out

You would need to step up if you are to scale through

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  • 2 weeks later...
The Judge wants to know if you are disabled according to the Equality Act 2010

Take your GP's letter

Also, a question a Judge would ask is the Impact Statement

Impact Statement is simply for you to tell how your disability affects you on a day to day basis

 

Yes, Judge ordered Impact Statement, and postponed main hearing until next year. Disability will be decided at main.

I not only have GP letter, but also independent expert statement , also about my day to day activities.

 

Another issue is that you need to go back to the Respondent's defence

What did they say?

That's where most of the questions would come from

I believe they are going for a technical knock out

You would need to step up if you are to scale through

Respondent did not say too much in witness statements.

Their defence is that they acted reasonable, and procedure was fair.

Please explain 'technical knock out' and 'scale through' ?

 

Next week there will be telephone conference with Judge whether to offer judicial mediation. Is this important ? Or is it like with ACAS negotiations?

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Yes, Judge ordered Impact Statement, and postponed main hearing until next year. Disability will be decided at main.

I not only have GP letter, but also independent expert statement , also about my day to day activities.

 

 

Respondent did not say too much in witness statements.

Their defence is that they acted reasonable, and procedure was fair.

Please explain 'technical knock out' and 'scale through' ?

 

Next week there will be telephone conference with Judge whether to offer judicial mediation. Is this important ? Or is it like with ACAS negotiations?

 

 

What was postponed? s it the Preliminary Hearing that was postponed or the Full Merit Hearing? It is important as it would determine how you prepare

 

Also, did you make the SAR again?

Edited by honeybee13
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  • 2 weeks later...

Sorry for not replying earlier, just saw your message.

Full merit hearing is postponed.

 

I have mediation now.

 

Yes, I made SAR, they responded,

 

lot of information is missing.

 

also I suspect they falsified some documents.-modified them now to adduce the case against me.

 

they redacted(blacked out) lot of text .

 

they used exemptions - legal privilege - with HR services -in my view it is not reason for exemption ,

and negotiations ? - this is unclear to me ,

are acas and judicial mediations - the negotiations under the term of DPA for SAR exemption? or dpa relates to settlements during employment?

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  • 2 weeks later...

Mediation is when a judge (or similarly qualified person) tries to settle the case

S/he would also look at he merit of your case

Finally, I don't think the other side falsified any document

They may have concealed some document but they didn't falsify any

Please don't make such allegation before a judge as that puts them off

Edited by Andyorch
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