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    • the last contact i had with the IVA management company was in December 2016. The last time i used/paid the credit directly would have been 2012/13. If there was a default notice.. and i cant remember if there was, i guess there must have been.. it would have been around that time 2012/13. is there any way i can find out for sure? incidentally just recieved a second letter from Lowell regarding the Creation Finance debt offering a 50% discount off the bat. I have attached  a copy of the reply form from Overdales as i am unsure of how to proceed with this and reluctant to sign anything. any help/advice would be fantastic. I have also attached a scan of my adverse events page from my credit report.. do you know why none of the above appears on my credit report?   Thank you so much for your help.. 001.pdf 002.pdf
    • We only suggest writing if and when you get a Letter Before Claim/Action that's headed as such.   Before that you're likely to get letters from debt collectors and possibly lawyers, but LBC is the thing to watch for. If you're not sure, come back here and we'll confirm whether you need to do something or not.   It might be a good idea to read some other parking threads for a refresher on how it all works.   HB
    • The client wants workers under 48 hours.   The client pays the wages.   End of story.
    • Thank you all for your comments....   What do I do now? do I just ignore them? or is there a letter I can send?
    • Guys/gals,   There's been a misunderstanding and for that I apologise. I didn't answer the initial questions because my appeal was just a couple of days away and didn't want to get bogged down with extraneous things that were not factors. I also - perhaps erroneously - got the impression that the questions were stabs in the dark hence my "if you don't know just say" response. Plus I thought my OP answered the questions however upon re-reading it I can see it may not to non-employees. Finally,  didn't want to make myself identifiable if my employer is reading (hence my redacted OP). I wasn't intending to seem difficult.   Short version: My employee has limitless OT to spare - it just wants to restrict people to WTR limits because that's what the client wants. They're happy for me to work OT once I'm under the 17 week WTR average. My appeal has been delayed from to this week so any help is appreciated.  I am one of the protected characteristics as stated in post #14.   Longer version (including answers to questions/points raised)   Why do you think other employees are able to work paid overtime hours without prior approval from the employers? Because they're not at risk of >48 hours. I am and that's why I've been told that I must have my OT pre-authorised so that I don't >48 hours. They were happy for me to work 60+ hours a week until I did so for 3 months in a row and hit the WTR limit. That's when it came to light that the client we work for states that employees must stick to WTR and my employer appears to not want to upset the client.    Ironically, when I checked their relevant HR page everything was factual in relation to WTR, it just assumed everyone would stay in WTR and didn't mention the right to opt-out. Also, when my employer took up the fight for me with the client and explained that I'd opted out, the client reportedly said they were unaware that employees can opt out.     Have you picked arguments with the company managers previously about any issues?  Are you in a more senior position and thus more expensive?  No to both. It's simply because they don't want me to exceed WTR limitations on working hours. We work on a contract for another company who stipulate their own employees must abide by WTR and therefore we must too. My employer was initially happy for me to log as many hours as I want and only changed their mind when the client pushed back.   They're happy for me to work OT just as long as I stay under the WTR limit of no more than an average of 48 hours across 17 weeks.     The company may be doing it for your welfare - do they think you are stressed, taking too much on? They may not think your output justifies doing so many hours so can refuse. They may want to free up some OT hours so others can do a few. None of these reasons apply and there is limitless OT on offer so it's not a case of wanting to share it around. About 10% of employees do OT and the company would be delighted if it was 100%. They just don't want any one person working >48 hours. Anyone can work any hours they wish outside of their normal schedule as long as they don't breach WTR. So last week we had the situation of my employer desperately begging people to work OT as they had a massive shortfall on hours and were not going to meet their commitments to the client and everyone was eligible except me. As much as they wanted to include me, as much as they would have gleefully accepted my 20 hours of OT, they felt that they couldn't and it was lose-lose for both of us.     In summary I felt it was discriminatory because:   1) The site is open 120+ hours a week and has an open-door policy on OT - the more the better and the company constantly begs for it and falls short of client requirements for number of logged hours.   2) They're initially happy for agents to work as much OT as they want and for months on end. Until you hit the WTR limit - even if opted-out   3) They insist on forcing employees to stay within WTR limitations despite employees opting out and OT being available - in which case employees are being denied not for valid issues (eg: welfare, performance issues, limited OT hours available) but because they just don't want that particular employee working the OT that a) is available and b) ends up being unfulfilled   4) So to me, it's discrimination to admit they need the hours working, they'd be happy for me (an opted-out employee) to work them if I hadn't hit the 17 week WTR average, and are only enforcing WTR because the client wants it 5) As it stands, they'd accept requests from every employee except me to work 4pm to 11pm on Friday. Likewise, they're canvassing every employee (except me).   6) They say my opting-out of WTR doesn't give me a legal right to work >48 hours but that is exactly what it does. If you have not opted out then it is illegal for you to work >48 hours therefore opting-out absolutely gives the legal right to work >48 hours. That doesn't mean a company is obliged to offer OT when it normally wouldn't or to extend it's opening hours to accommodate an employees demands for OT but it does, by default, give the legal right to work >48 hours if they OT is available. And the OT is available at my work.   7) As far as I know I am the only person of my protected characteristic and I am also the only one prevented from working >48 hours. Maybe there's a link, maybe there isn't.    
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JCI/BW Claimform - old TALKTALK Debt - filed wrong defence? - now think it's statue barred?


What Next
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:yo:

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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On 09/10/2021 at 14:33, What Next said:

1. The Claimants Claim is for the sum of £1,134.72 being monies due from the Defendant to the Claimant under a non-regulated agreement, originally between the Defendant and TalkTalk Telecom Ltd under account ref xxxxx.

 

2.The rights, benefits and title to the agreement were assigned to the Claimant on 16/08/19. Notice of the assignment has been given to the defendant.

 

3.Despite previous demands for payment being made by the Originating Creditor and the Claimant, the Defendant remains in default of the agreement.

 

the fact your bank payments were reversed negates those ever happened....they can re-bill all they like, doesnt reset the last successful payment date.

 

the debt is statute barred.

 

as said earlier please await advice from @Andyorch and his thought on my thoughts of WRITING to JCI about it being SB'd after research.

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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You can adapt your witness statement should they decide to proceed to introduce the fact that you now believe the debt to be statute barred.

Wait until  you get your notice of allocation with the courts directions do not contact the claimant and give advance notice.

 

Andy

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Splendid....so when your n157 arrives come back and we can help with your statement to incorporate your initial defence and introduce the statute barred element.

 

 

 

.

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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

 

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Update: service by email ignored, letter sent to previous address after being informed I do not receive them or others open them.

 

It is a 2.5 page response to my defence, with no acknowledgment of my agreement to mediate, but basically about how their claim is legit & my options are 1) pay in full, 2) withdraw defence & pay by instalments or 3) mediation where instalments can be agreed!

 

I can scan and attach here, but unsure if personal info will be imbedded in the scan? How can I tell, I’m not tech savvy?

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simply remove anything the fleecers could use to ID you here.

 

sounds like their std bs they used to send to harass and intimidate a defendant.

 

 

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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Share on other sites

safe to ignore.

 

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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Share on other sites

That is good news, thank you. 

 

They make out they have not received back my agreement to mediate, yet I attached the email trail and the document to help me follow everything. So having replied to my email of 9 Oct, they have received my email of 8th containing the N180 agreeing to mediation.

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you should not be using email

send one further email to the fleecers stating this email address is now no longer be used for anything further relating to the court claim.

 

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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On 09/10/2021 at 21:03, dx100uk said:

 

 

Why have they not got your correct address?.

 

You sent CPR 31 14 didn't you?

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 emailed about not emailing me & confirmed I had sent the N180 and asked them to confirm they will only use post, this is their reply:

 

We refer to the below email, the contents of which are duly noted.

 

Please be aware, as there are ongoing legal proceedings, documents will still be served upon you by the court and ourselves via post. We are unable to correspond completely by email. 

 

We are in receipt of the completed directions questionnaire and are awaiting further directions from the court.

 

In the meantime, please can you provide us with the relevant medical evidence as detailed within your e-mail, within next 7 days.

 

We trust this is of assistance.

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None of their business. If it's needed the judge will ask for it and you stipulate it's confidential. But it's pretty immaterial as the debt is sb'd.

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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They said previously something like that, if I want them to take my disabilities into consideration I had to supply medical evidence within 7 days. Glad I don’t need to do anything yet. Thank you.

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  • 3 weeks later...

An update:

I have just received an email for mediation, it states, (please see photos) that I have to be willing to compromise.
 

I take that to mean that I have to openly believe that I will have to give in and pay something, when in reality it is statute barred?

 

Should I mediate & say it’s statute barred, or decline the mediation I agreed to do stating it is statute barred
 

Or, alternatively anything else I should be looking at/doing? 

 

All thoughts gratefully received and thank you in advance.

 

email frommediation service.pdf

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If you filed our SB defence you say no to mediation.

 

3 copies.

1 wit you.

 

Rest is obv 

 

Omit Sig/phone/email on copy to sols

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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Share on other sites

27 minutes ago, dx100uk said:

If you filed our SB defence you say no to mediation.

 

3 copies.

1 wit you.

 

Rest is obv 

 

Omit Sig/phone/email on copy to sols

DQ already submitted DX awaiting N157 Notice of Allocation

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 Topic please PM me a link to your thread

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