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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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Andrew-P

Might have been underpaid - what are my next steps?

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Hi - I am looking for some advice and hope that someone can help.

 

I did nearly two years work for a company and was paid into my limited company following time sheets being approved.

 

Despite the ultimate client being fine payment was through a third party and at the end of their contract I found myself with a discrepancy of quite a few thousands based on my calculations (I accept these may not be accurate although I think they are).  I have spoken to the company many times and they have promised to look into it but never seem to reply.

 

As I want clarification that payments are correct rather than going straight for legal action any advice on what my next step should be would be greatly appreciated (a SAR maybe?)

 

Thanks in advance.

 

A n d r e w 

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You need an accountant to calculate exactly what you are owed and claim this sum.

I say to contact an accountant because you're not sure of your own figures, so before claiming anything I would prefer to have a solid figure to go with.

If you have all the timesheets and rates, an accountant shouldn't charge more than a couple of hundred,  surely cheaper than the few thousand you're owed.

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I have to agree with Kingly, you cnat go at this full tilt and then have to admit in a court that you dont ahve a clue whetehr the sums are right or wrong.

Youw ill need to look at the original contract and also understand/be able to explain what the third party does and what agreement you have with them

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Thanks for the replies.  I really appreciate your help.

 

I will get it validated from my side but I still need to have confirmation from them what they consider they have paid me and what they think they should have paid me. 

 

Do you consider a SAR would be a good idea?

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Not at this stage.

They haven't denied under paying you, so it might be a simple matter of getting a figure backed up by an accountant calculations and ask for the money.

They might just pay it.

Used to happen all the times in building sites in my days.

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Sorry for the delay in updating but I have been so busy.

 

The information is now all with my accountant so I can see what happens next.

 

Thanks for the advice which I have followed

 

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