Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • 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.    
  • Our picks

Shelley181146

Claiming on Ex employers 'Employers Liability Insurance'

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

 

 

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

 

  • Like 1

Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

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

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

 

 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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...