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    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure 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 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
    • no little chats before you go in if they turn up. smile, walk away!    
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andrew1402

Accused of Lying about sickness

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where do I start ? I work nights and under new contract it states boxing day as voluntary but the employer says on nights boxing day night goes into normal day and if your contracted to work that night you must work it (same for other workers )so questioned it on the Monday before Boxing day and got it confirmed by employer I have to work it I thought well fair enough and that was that I was ill on the Monday too but I don't work Mondays and Tuesdays anyway thursday (Boxing Day)I rang in sick as I was still ill but went back in Friday still not great but can't afford to be off.

Anyway on the Friday I received a letter saying that I refused to work boxing day and basically saying I wasn't sick I refused and had a scheduled meeting for investigation following week on Saturday just gone I went told them my case and on the letter it states for a decision to go for disciplinary meeting or not so I got told Im going to have a disciplinary meeting basically still making me feel like i'm a liar when i'm not.

Any advice please? 

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Hi, some people with the kind of expertise you need will be along before too long to start giving you some advice about this.

In the meantime could I please ask you to make your posts in a well spaced and punctuated way because otherwise it becomes extremely difficult for people to understand. I'm afraid these kind of things are far more difficult when you're looking at a computer screen – and many people are simply looking at a telephone screen which makes the problem even worse.

Thanks


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Hello,

 

it sounds like they are looking to take action for misconduct (lying) rather than attendance policy. Ad have reasonable belief that there is a case to be answered.

 

They do not need absolute proof, simply reasonable belief.

 

- are you in a union?

- have you got any warnings on file already for anything at all?

- how is your sick leave usually? much time off this year?

- if you were ill on Friday, did you look ill, did anyone comment on it or notice it?

- I am assuming you didn't see a doctor, but if you did (or a pharamacist) please correct me.

- get hold of a copy of the conduct/ disciplinary policy. Does it list what they consider gross misconduct versus regular misconduct? What does it say about lying (which the are suggesting you did.)


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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