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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. 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 £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • thanks andy     Name of the Claimant ? DEBT MANAGERS SERVICES LTD   Date of issue –10/06/21   Date  to acknowledge - 28.06.21   date to submit defence = 12.07.21   Particulars of Claim   What is the claim for – 1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019 2.notice of assignment has been given to the defendant paticulars a/c xxxxxxxxxxxxxx date 28/02/2021 default balance £2701 post ref CR   What is the total value of the claim? £2701   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  NO   Did you inform the claimant of your change of address? NOT APPLICABLE 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   Do you recall how you entered into the agreement...On line /In branch/By post ?  online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? dont know   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.  assigned to debt purchaser debt managers ltd   Were you aware the account had been assigned – did you receive a Notice of Assignment? cant remember   Did you receive a Default Notice from the original creditor? cant recall   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? illness financial difficulties   What was the date of your last payment? paid them a £1 token payments for some time last payment date 18/07/2020   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? no
    • Well no news to report. I contacted the courts-it has now been transferred to Exeter and when they decided to answer the phone on about the sixth attempt all we know now is that it is with the judge awaiting directions. I shall use the waiting time to do an SAR on other companies l have had cold halibuts with and see what that yields....
    • Hi everyone It's Court time on Monday, I'm very nervous and feel quite sick. I've prepared an 8 page Witness Statement with 14 addendums. I hope the Judge will see there is no reason to set aside the Enforcement N322 of 19 January especially as this company has reduced the FOS agreed compensation by over £4,000.   Their Lawyers asked the Courts for a face to face hearing as appose to over the phone. As I live in the North and the hearing is in London I guess it was a way to restrict my input. The Courts refused and citing their reasons for a face to face that "it's very complex" the Courts refused by sating "it is not complex at all".    One slight victory prior to Monday. I feel this company and their Lawyers are still agreived with the FOS Decision. As chance would have it, another decision from the FOS has not gone their way recently too for more than twice what my claim was for.    Anyway, please wish me luck. I'm happy to send anything (witness statement etc) to a private email but I'm too intimidated to post on here.    If this N322 fails, there is little hope that if consumers come across a company like this one, there will be no support from the Courts. My local Court cannot understand how London are even allowing a hearing, they say the Enforcement would and should stand if they were the Court dealing with this.     
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Hi all,

I had an employee loan from my employer that was set to run for 3 years. I was made redundant in Sept 2020 and after the consultancy period, the company said that whatever redundancy pay i would receive would have to be used to repay the balance of a loan the company had provided.

 

I had paid more than half of the loan (via monthly salary deduction). I refused saying my redundancy and the loan were separate matters. The company conceded and paid my redundancy.

 

They have now written to me to say I have to repay the balance in full. I have no contract (only a letter) with regards to the loan and my understanding is that as they (by making me redundant) had removed my ability to service the loan and therefore voided the agreement. I had no choice in the matter.

 

Can anyone shed any light on the legal standing as I can't find anything specific. 

 

Many thanks

M

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX,

Many thanks for looking this one out for me. I've read through it and I'm in a different situation by my way of thinking.

 

I'm aware of companies recouping such things as training losses when a employee 'chooses' to leave before a stipulated period and I can understand this. But my situation was pressed upon me by way of enforced redundancy.

 

Would it perhaps help if I posted the only 'agreement' I am in possession of..ie a letter. There were no clauses in my employment contract to explain what would be expected should redundancy be applied. In point of fact I didn't even have an employment contract until 3 years into the role (don't ask!).

 

from a contractual aspect the employer really has nothing in the way of terms to rely on. I guess I'm going to just have to wait and see but I generally like to act first and not leave things to chance. Hence the fact finding on this excellent resource forum.

 

Any other advice from you as a seasoned campaigner on my next best move? It would be much appreciated. 

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What were the terms of the loan?  How long did you have to repay it?  Did it say anything about what would happen if you ceased to be employed by them?

 

6 hours ago, Kholoshian said:

... and my understanding is that as they (by making me redundant) had removed my ability to service the loan and therefore voided the agreement. 

 

I don't think so.  And if it was "voided" (as opposed to written off - which is probably what you meant) they could claim all the outstanding monies straight away - which I suspect you don't want.

 

Post up a copy of the letter if that is all you in the way of terms for the loan.  (Blank out anything identifying you and your employer).

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Hi Manxman, 

Thanks for your reply.

 

I'll be honest I'm not sure if it's voidable or unenforceable or what term is appropriate. 

 

In my case, my employee loan was enforceable whilst i remained in the employ of the company and it was serviced by way of salary deduction - quite standard. However, as the enforced redundancy removed my ability to service the loan by way of the agreed method (salary deductions) and there were no terms in the agreement to say what would happen should the company make me redundant - I take that to mean it would no longer be enforceable.


I'm not saying i'm right - but it seems inequitable that they can now say 'pay the balance' after putting me in a situation where i couldn't pay.  

 

I'll dig out the pdf copy of the letter that was sent to me. If I can't edit the pdf and blank out the identifying stuff, I'll just post the body of the text.

 

Many thanks for your time in looking at this. 

 

 

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convert to jpg 1st

read upload

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'd have thought the crux of the matter is the line:

 

"should you leave the employment of the company at any time then the outstanding balance at that time would need to be immediately settled."

 

You are leaving the company, just not by your own choice. I wouldn't have thought your method of leaving actually came into it, but I'm the farthest from an expert you'll find so...

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can i just check.

is this the actual company thats written or some fleecing DCA ?

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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12 minutes ago, theberengersniper said:

 

You are leaving the company, just not by your own choice.

Exactly, 'leaving' suggests choice. I had no choice.

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Posted (edited)

It's enforceable. Source: have enforced similar.

 

 Choice is irrelevant; you're still leaving.

Edited by Emmzzi

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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Posted (edited)
17 hours ago, Kholoshian said:

However, as the enforced redundancy removed my ability to service the loan by way of the agreed method (salary deductions) and there were no terms in the agreement to say what would happen should the company make me redundant - I take that to mean it would no longer be enforceable.

 

No.  You are completely wrong I'm afraid.  It's repayable now.

 

The best you can do is try to negotiate a repayment plan.

Edited by Manxman in exile
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