Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Winemark the wine merchant ltd northern ireland
    • 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  
  • Our picks

Todd from Toddmorden

Lowell CCJ Issued for 27 year old LLoyd OD debt ***Settled***

Recommended Posts

Hi wonder if someone can help

 

I have been out of the country for a few weeks

 

When I came back I found out that a CCJ has been issued against me around 16 days ago

 

The debt itself is from a Lloyds account, when I was a student, about 27 years ago

 

I understand the issue of "Statute Barred" but I cannot recall having had any conversation with the debt collection company within the last 10 or so years.

 

I really dont want my Credit rating to be trashed - it could affect my line of work as well.

 

Many thanks!

 

 

Share this post


Link to post
Share on other sites

This must be a world record. Bravo.

What information do you have about the CC J? Who is the claimant?

You will certainly be able to get it set aside if you haven't had any warning of it. However there will be a set-aside fee.

You better give us all the details


Share this post


Link to post
Share on other sites

What address was the oroginal summons issued to, your current or an old address?

What was the date of the lba, then the claim  issue and when were you out of the country?

Easy to get the CCJ set aside  and clobber the issuer for your costs with this one as they have to get a lot of things right and on the face of it they havent

Share this post


Link to post
Share on other sites

thanks, the summons was issued to my current address

 

Could you tell me what the LBA is please? - is thta from the court or from the soilictior / debt collector (Lowell)

 

Regards

 

Simon

Share this post


Link to post
Share on other sites

Follow the link – letter of claim – and start finding out a bit about dealing with a county court claim and also a set-aside.

Who is the claimant? Is it Lowell?

 

Also, is it in respect of a loan? Or an overdraft?

It will be very helpful if you would volunteer some of the details.


Share this post


Link to post
Share on other sites

is this a CCJ registered on your credit file or a notice of judgement or a claimform.?


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.

 

 

Share this post


Link to post
Share on other sites

Its from Lowell . They sent me a letter saying that a CCJ was entered against me on the 04th feb.

If I can pay the full sum back in one month it will be removed from my credit file

 

Its on the credit file, I checked, and my credit cards limits have all reduced

 

Thanks

Share this post


Link to post
Share on other sites

so why have you received nothing to date like letter of claim, claimform etc etc??

or is your being away been more than 'a few weeks' more like months?

PAPLOC gives you 30days

then to raise the claim and get a default judgement is usually more than another month.

 

you moved and didn't inform your debt owners?


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.

 

 

Share this post


Link to post
Share on other sites

I have received letters from Lowell for a long time, but the advice I was given (since the debt was so long ago) was not to get in touch.

 

I have been away for 7 weeks and in that time, this is where the notice of court action has happened

 

 

Share this post


Link to post
Share on other sites

Who gave you this advice?


Share this post


Link to post
Share on other sites

I was told about the Statute Barred concept, whereby if I replied in any way to Lowell it would be seen as acknowlegement of the debt

 

Another problem, is that I have very little details on the original debt myself  because it is from so long ago

 

Thank you for your consideration, by the way

Share this post


Link to post
Share on other sites

Yes – but who told you to ignore them? I'm afraid that that was very bad advice. If you had told them that the debt was statute barred then they would have been prevented from bringing any further action.

Please tell us who told you this


Share this post


Link to post
Share on other sites

That doesnt sound good. No, thats all the info I got. They mentioned it and showed a web page, and it looks like I didnt investigate more thoroughly on the concept

 

Share this post


Link to post
Share on other sites

Anyway, you better start reading up about how to apply for a set-aside.

If I were you I also I would tell Lowell's that you hadn't received any court papers and you would like copies of everything – and that you will be applying for a set-aside.

Tell them that it would be easier all round if they would simply consent to the set-aside – because you will show the court that you weren't in a position to know of the court action and that if you had done you would have put in a statute barred defence - in addition to the fact that you don't admit to the debt in any event.

You will need a form N244. Download a copy from the County Court's website and we will help you fill in.

Who is it who told you that you should ignore them? I think this is the third time I've asked you

You say "that they mentioned it". Who is they?


Share this post


Link to post
Share on other sites

Thank you

 

It wasnt anyone formal, it was a friend who introduced me to the concept that the debts could expire after the 6 year period.  (up til then, I thought that the debt was enforceable for ever)

 

I am going through the paper work now. Is there any kind of onus on Lowell to get the details of the original debt right? Whatr must they specify from the original debt?

 

Share this post


Link to post
Share on other sites

Well you are badly misled. Debts are statute barred – roughly speaking after six years – but that doesn't mean that they can't sue for them. You then have to do bring up the issue that it is statute barred. They are prevented automatically from trying to recover the debt in court.

Because you didn't contact them, they probably thought that they might as well issue the claim because it was an easy kill. – And it was. If you had responded to them and showed that you were a bit feisty or even raised the issue that it was statute barred then the claim would never have been brought against you and in fact because you had told them that it was statute barred they would then be prevented by law from taking any further action.

You should come to us first. Stop listening to your friends.

Start taking the advice I have suggested which is to begin the set-aside procedure – it may cost you as much as about £250 – depending on whether it has to go to a hearing. As I have said, you should contact levels and tell them what you are doing and suggest that they simply agree.

Incidentally, you also haven't answered the question as to what kind of loan it is? Is it alone, or overdraft or what? I'm having to ask you this question again. It's a bit like pulling teeth.

Also what is the value of the claim?

 


Share this post


Link to post
Share on other sites

Sorry, I have only just found out about the Consumer Action Group, and its the first time I have somewhere to get solid advice it seems. I wish I had had it earlier

 

The kind of loan was a credit card draw from Lloyds and the Claim value is 8.5k

 

I am going through the set aside procedures now. Because I have until the 3rd March to repay it and have the CCJ removed from the record, I am quite torn as to whether to get a loan against my house and repay like that - in case the set aside didnt work

Share this post


Link to post
Share on other sites

I'm afraid the set-aside procedure will take far longer than that. I suggest that you get onto Lowell's and tell them what you are doing.

Of course if the set-aside application succeeds – and it probably will – then the slate will be wiped clean – but I suppose it is a risk you take.


Share this post


Link to post
Share on other sites

If it was Statute barred, its Statute Barred and telling Lowell it is would not have reset the clock, might be better to pay the Set Aside Fee of £255, tell Lowell you are going for Set Aside, and will be looking to recover it from them, unless they are willing to do it as once Set Aside you will be using Statute barred defence. AS BF says you were badly misled on this by friends. Lowell like an easy hit and rely on people not fighting back.


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Thank you

 

So is the set aside procedure the same regardless of whether it starts within one month of the CCJ being entered?

 

What i mean is, is there an urgency to start it within the first month of the CCJ being entered ? Or is the procedure the same after the CCJ becomes 'unremovable' by the debt repayment?

 

 

Share this post


Link to post
Share on other sites

Well I think that with all of these things, it is better to act with alacrity. I think you need to go to demonstrate that you reacted very quickly – and giving your very long history of apparently ignoring everything – I think that this is particularly the case for you


Share this post


Link to post
Share on other sites

Its better to do it ASAP, then it never gets registered if unpaid it will show, then will have to be removed after a set aside.


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Do I come clean with them and say that I intend to set aside? Wont that make them more determined to dig their heels in?

 

Share this post


Link to post
Share on other sites
Quote

The kind of loan was a credit card draw from Lloyds and the Claim value is 8.5k

 

A credit Card advance or just general credit card use ?

 

Andy


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

Share this post


Link to post
Share on other sites

so the only paperwork you have to date is one letter from lowells saying you have a CCJ?

or you've now found the claimform in the 7week of mail you got home too?

 

are you saying that from the date of the court claim

in the 6yrs prior to it you never paid Lloyds or anyone a penny on this debt?

 

 

 

 

 


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.

 

 

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...