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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Aaron85

No wages for first month of work

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Hi,

 

 

Could someone give me some advice please?

 

 

I started working for a company in May 2018. I started as a temp from an agency with a weekly payment. This was supposed to be for 3 months, then if we performed well, they would interview us, and potentially keep us on. I was told I was given an interview in August, and they decided to offer me a permanent position, advising I would go permanent from September. I was then told as it was so close to the payroll deadline, they would ask the agency to keep me on as temp for the month of September, and would actually make me permanent from October instead.

 

 

About midway through October, they asked me to fill in a couple of forms and email them back within 2 days, stating otherwise I'd cut payroll cut-off and would not get paid. I filled these in and sent them back on the second day. I got an email back saying I had missed payroll as I should have sent it before 5pm. There was no such detail in the email I received. I had also asked my manager to send the form back for me as it had to be signed, and my manager had sent it after 5pm.

 

 

They then said they would look into organizing an emergency payment for me. Then I got told they had not sent me a bank detail form by their mistake. I filled it in and sent it back straight away. I was never sent the bank detail form so it was clearly their fault. I had presumed they would get the details for my bank details from my agency who had been paying me previously, so it didn't raise a concern for me.

 

 

Now the company is saying they will go to the CEO and see if he can authorize the emergency payment. The company seems to be putting the blame on me, even though I have done nothing wrong and it is completely the company's fault.

 

 

If the company comes back and refuses to pay me for October until the following month, what are my options?

 

 

Any advice will be much appreciated.

 

 

Aaron

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What's the name of the company?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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What's the name of the company?

 

How will knowing that help you give better advice, and not just be stirring?

 

Options:

Ask for a letter to your bank explaining, and ask them to cover overdraft fees

Payday loan

Quit and get new job

Letter before action - but court is likely to take longer to resolve than noising up the CEO

Write to CEO yourself directly asking for help

Ask your union for help


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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What's the name of the company?

 

 

BB, the employment forum encourages people not to name their employers, it has the potential to make things more difficult. I know this isn't what we do on most of the other forums.

 

 

HB


Illegitimi non carborundum

 

 

 

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This is not a conspiracy but just a cock up, I'm sure you will be paid but probably not in the next fortnight. Now to be honest some of this is down to the change start date etc and you could have made noises about the paperwork back in august as you knew it was going to happen. Not saying the errors wouldnt have occurred but they would have happened sooner and would have been easier to resolve.

Ask for an advance or loan against the owed salary, probably easier to do it that way rather than battle with the HMRC system to sort things out, they can then pay you a fixed amount and deduct that from salary when they sort that out.

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Hi,

 

 

Could someone give me some advice please?

 

 

I started working for a company in May 2018. I started as a temp from an agency with a weekly payment. This was supposed to be for 3 months, then if we performed well, they would interview us, and potentially keep us on. I was told I was given an interview in August, and they decided to offer me a permanent position, advising I would go permanent from September. I was then told as it was so close to the payroll deadline, they would ask the agency to keep me on as temp for the month of September, and would actually make me permanent from October instead.

 

 

About midway through October, they asked me to fill in a couple of forms and email them back within 2 days, stating otherwise I'd cut payroll cut-off and would not get paid. I filled these in and sent them back on the second day. I got an email back saying I had missed payroll as I should have sent it before 5pm. There was no such detail in the email I received. I had also asked my manager to send the form back for me as it had to be signed, and my manager had sent it after 5pm.

 

 

They then said they would look into organizing an emergency payment for me. Then I got told they had not sent me a bank detail form by their mistake. I filled it in and sent it back straight away. I was never sent the bank detail form so it was clearly their fault. I had presumed they would get the details for my bank details from my agency who had been paying me previously, so it didn't raise a concern for me.

 

 

Now the company is saying they will go to the CEO and see if he can authorize the emergency payment. The company seems to be putting the blame on me, even though I have done nothing wrong and it is completely the company's fault.

 

 

If the company comes back and refuses to pay me for October until the following month, what are my options?

 

 

Any advice will be much appreciated.

 

 

Aaron

 

 

I don't think this is an issue Payroll made a mistake and puts the blame on you That's life and it happens all the time

 

 

I don't think it will happen again but you should keep chasing Payroll to keep them on their feet

 

 

You have been with this company for 4 months now (a guess) so I believe you like the job Even if it happens again, I don't think you should take legal action The Judge would see that it is an incompetent dept and nothing was lost

 

 

Just keep chasing payroll

Edited by honeybee13
Paras

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