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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Shelley181146

Claiming on Ex employers 'Employers Liability Insurance'

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Last year I was involved in two accident type incidents at a place of employment (Temporary worker)

Background:

I had trained for 12 months to become HGV Driver and decided to start with 7.5tonne truck to gain experience, trainer said I was excellent driver but due to the insurance premiums companies require 2 years driving experience, hence starting out on 7.5 tonne. I was working via temp agency and the company provided temp drivers with their older trucks and the permanent staff had the new trucks.

 

1) As I was provided with a company mobile phone I do not have access to exact times of the phone calls, but I do know exact dates, I was provided with a truck for refrigerated deliveries and whilst on a delivery, the side door slammed shut due to gale winds. The truck has two doors on the refrigerated unit (rear and side) but the emergency poppers to exit the unit were both inoperable, and I was trapped. You may not know but the refrigerated units are lead lined and not always possible to get phone signal - thankfully, eventually I managed to get to speak to manager at depot who raised the alarm and staff at the outlet opened the door from the outside.

The manager had me continue a few more drops and then take truck to a HGV MOT station and return to the yard in a van - Although the truck was due an MOT, nothing had been advised prior to leaving the yard earlier that morning, so I suspect they were going to get door poppers investigated.

Upon returning to the yard, the manager said no accident had occurred and no requirement to complete accident report form - naively I didn't challenge him!

I did liaise with the agency to explain what had happened after the events, so they will have a record of telephone conversations - can I request those via SAR request process? Would I be able to get access to the delivery drops I did that day via SAR request?

 

I do have photographs of the door poppers and news/weather reports for the day in question

 

2) The next day I was provided another truck and whilst delivering goods from the rear doors I slipped out/off the rear steps and dropped heavily to the roadside and fractured wrist, and various body bruises - taken to hospital via ambulance as the fall had 'winded me' and I was unable to get up - 2 members of the public assisted but I don't have detail - the shopkeeper has provided his name and telephone number

 

I had physiotherapy and I have experienced flashbacks which I have spoken to my GP about and he thinks I maybe suffering PTSD 

 

Question: How difficult/complex would it be to deal with the claim myself, rather than solicitors 'NO WIN NO FEE' and taking 25%

What will I need to do? How do I start the process? Is the outcome likely to be different?

 

 


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi.

 

I'm not a legal expert and others may disagree but I would say that to take on a case like this on your own would be very difficult.

 

Have you spoken to NWNF lawyers about your case? They should talk to you for free for an initial fact find on the phone or in person and then you can get an idea about whether you have a case.

 

HB


Illegitimi non carborundum

 

 

 

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3 minutes ago, honeybee13 said:

 

Have you spoken to NWNF lawyers about your case? They should talk to you for free for an initial fact find on the phone or in person and then you can get an idea about whether you have a case.

 

Hi HB, who is NWNF lawyers please?

 


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi.

 

This case may or may not help. I know it isn't an employment case but it's about an injury. The OP and her mum ended up going to a lawyer. There are all sorts of issues involved including getting independent medical assessors and/or dealing with insurance companies.

 

HB

 

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Illegitimi non carborundum

 

 

 

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To answer your query higher up, NWNF is no win, no fee.

 

HB


Illegitimi non carborundum

 

 

 

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2nd incident,  was the employer negligent, so that their wrongful (non-deliberate) act caused or contributed to the injury, or was it an accident that was just bad luck?.

 

1st incident: what loss or damage did you suffer?.

 

Edited by BazzaS

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1 hour ago, honeybee13 said:

To answer your query higher up, NWNF is no win, no fee.

 

HB

I have spoken to NWNF organisation but they were so half soaked on the telephone, lacked confidence in their ability to process accurate details, when they couldn't even record the basic info correctly - plus I don't agree with them having their costs paid as well as the 25% successful claim fee {(


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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5 minutes ago, BazzaS said:

2nd incident,  was the employer negligent, so that their wrongful (non-deliberate) act caused on contributed to the injury, or was it an accident that was just bad luck?.

 

1st incident: what loss or damage did you suffer?.

 

2nd incident - the vehicle was not fitted (missing) straps on rear doors for driver to hold on to when vacating the vehicle from the rear door - isn't that negligent?

 

1st incident - loss or damage? it was hell trapped in their vehicle, do I need to have loss or damage to make claim being trapped in defective vehicle?

 

Neither incident was bad luck - if vehicles were correctly maintained neither would have happened!

 


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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You don't appear to have the evidence required at the moment. So be patient and collect as much evidence as you can get hold of.  Do you have photos, witness statements, accident report copies, training records, vehicle operating manuals, company instruction manual, company health & safety policies, risk assessments etc. Everything related to the incidents, vehicle safety, employee health & safety standards.  A lot of information is required, before you start looking at litigation. 

 

Find out the companies Insurers details and register with them details of the potential claim you are looking to make.  This is just so they have a record of the incident where you were injured.

 

Trade Union membership ?

 

 


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

 

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How do you suggest I access those records, I was only there a week? As for training, I was drivers mate for 2 days.

No trade union membership


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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If you have insufficient evidence to support the claim, it is very difficult.

 

No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money. 

 

Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.


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

 

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

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