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    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Ftgab19

Lowell claimform - Three Mobile debt

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Hes not counterclaiming...nothing to counter claim.


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no.

3 hours ago, Ftgab19 said:

Does my brother have to pay to file a defense as in counterclaim?

 

no


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No worries I received a email yesterday from Lowell saying the following 


 

Dear Mr,

 

My name is Rebecca and I will have conduct of your case.

 

I confirm that I am in receipt of your Defence, the contents of which have been noted.

 

You state that you do not recall having received a Notice of Assignment. I can confirm that a Notice of Assignment was sent to (Old Address that we moved out of in Nov 2017) on 25 March 2018, following our client’s legal acquisition of the account. A copy has been attached for your records.

 

On 31 January 2020 your request for the Notice of Assignment, Default Notice, Termination Notice and account statement was received.

 

A response was issued to you on 14 February stating that you statement had been requested from Three Mobile.

 

It was also stated that as your account was for a service agreement and not a Credit Agreement; it is not governed by the provisions of the Consumer Credit Act 1974. As such, there is no statutory requirement to complete and sign any such ‘agreement’ in order to obtain an account of this nature. Accounts of this type can be obtained by telephone, over the internet and by mail order and therefore, if no signed contract ever existed then it cannot be provided.

 

A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to Credit Agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice or termination notice would have been sent.

 

Your account statement was forwarded to you upon receipt from Three Mobile, on 18 February 2020.

 

Having reviewed your account fully, I can see that this former Three Mobile account was opened on 5 November 2014. The number associated with the account was 000000000

 

The last valid payment received via card payment by Three Mobile was for the sum of £61.34 on 12 August 2015.

The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58

 

Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance.

 

Should you be amenable to reaching a settlement, please contact me at this email address within 14 days with any sensible proposals you may have, that will be repaid over a reasonable time frame. 

Payments can be made:

  • On our website - https://lowellsolicitors.co.uk/. Please confirm the reference of your account in order for the payment to be allocated correctly.
  • By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 316493279)
  • Calling us on 0113 335 3338 and making the payment over the telephone.

 

Upon payment/ agreed settlement being received in cleared funds, we will notify the Court the case has been settled and close the account. By doing so, it will prevent a CCJ being registered in your name. 

Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing where a County Court Judgment may be entered against you. A CCJ if awarded will be listed on your credit file for 6 years and have a detrimental impact on your ability to obtain future credit.

If you are at all unclear, we recommend that you seek independent legal advice. Free legal advice is available from the Citizens Advice Bureau. 
 

I look forward to hearing from you.

 

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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So out of all the above tosh...the only part you need to concentrate on is the following....

 

"The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58

Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance."

 

It is our client’s position that you are liable for the outstanding balance....and its for them to prove you are liable... they have to justify to  a court that an early termination fee puts them at a loss...let them disclose the cost and how that figure is arrived at...they cant they wont.....bit like the Banks having to justify Bank charges for overdrafts....£35 letters etc etc.

 

Andy


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So do you think they will give up or let it get to a hearing date and push it to the last min then give? 
 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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how did they get your email?

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing

 

Wait and see if they wish to move to allocation...you will know if you receive a Directions Questionnaire N180..until then ignore them.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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They got my email because I put it on the Acknowledgment or defense. I got a letter from the court saying they received my defense and the claimant has 28 days to respond. 
 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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we don't usually see northants bulk passing those details on ...

and no it wasn't in your defence...and the full AOS doesn't get fwded ....all they see is what you see in the claim status page. AOS filed date.

 

nearer the time you need to send them one email clearly stating that email is not to be used for anything concerning the claim

else they'll be filing a WS at 1 min to midnight at the deadline, removing your chance to counter this.

 

as normal I can see them running this till just before fee filing and saving money by discontinuing the claim as all they might get is about £130 and that's rare.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Sorry I’m a bit confused by what you’ve said on the email. 
 

When and what do I need to email them back?

 

Thanks 

‘Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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14 hours ago, Ftgab19 said:

They got my email because I put it on the Acknowledgment or defense. I got a letter from the court saying they received my defense and the claimant has 28 days to respond. 
 

Andrew

 

 

Did you do this manually using the paperwork  or submit through MCOL onlIne ?


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I submitted both Acknowledgment and Defense though MCOL online 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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They got my email because I put it on the Acknowledgment or defense.

 

Not sure how you could of as you submitted on line.....simple tick box does not ask for your email.....nor your defence box.


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I’m not sure how they got it then Andy, when I look at the pdf reference I got with my defence when submitting it online. it’s on there with my phone number, I thought I had to put them on there. 
 

do I need to send an email back to them saying not to use this to send things?

 

Andrew 

 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Must have changed it then to allow you to enter...so yes you can if you wish send them an email telling them that your preferred method of correspondence must be in writing only and that you will not accept email or respond to it....I personally cant see a problem in electronic communication 


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It was only because dx100uk said to till then so they don’t send something last minute or something I wasn’t sure. 
 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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If anything is sent to you late  or not on time stipulated by the courts directions you inform the court.


We could do with some help from you.

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Okay Andy 

 

So I should just leave this now until I receive the directions from the court for this case moving forward or for Lowell to give up? 
 

Thanks 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Yes Notice of Allocation next (N157)

 

 


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Hi Andyorch

 

I still haven’t received any (N157) how long should I wait until i get in touch with the court?

 

Thanks 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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What did you submit your DQ ?


We could do with some help from you.

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No I’ve not had anything since I submitted the defense 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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you mean your brother surely?

did he get an acknowledgement from the court that his defence has been received and passed to the claimant giving them a 28day time limit?

 

what is the status of the claim on MCOL?

last entry defence received date xxxxx?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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On 26/02/2020 at 23:50, Andyorch said:

 

Wait and see if they wish to move to allocation...you will know if you receive a Directions Questionnaire N180..until then ignore them.

 

 

Claim must be stayed 


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 The National Consumer Service

 

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

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