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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Company being sold. Should I be informed?


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Hi there,

I've discovered in a roundabout way, that the company I work for, is in the process of being sold.

I'm aware of my TUPE rights, but do I have a right to be informed that it's actually happening?

Thanks.

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Companies being sold is normally done on the down low until the company is sold and then all relative parties are informed, So no - They dont have to tell you until after its done. 

Normally there is a NDA involved with companies that are going through this purchase for both the buyers and sellers. 

 

We could do with some help from you.

 

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Also,

Things could be different to what I thought I knew.

I obviously don't know how things will be handled.

It's the owner of an existing company (competitor) buying us out, so I don't know whether I'd be working for the same (old) company, or the new one.

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  • 2 months later...

Thank you for opening the thread Nicky.

Just adding a bit more information here, to see if the advice given already is still current / valid?

I now know that the buyout will be assets only.

I've also had a look around and the impression I get is that any employees (just me) should be consulted/advised prior to the transfer happening?

I've been told nothing.

Any further advice very gratefully received.

Thank you.

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When you say assets only have you asked specifically what this includes? 

Assets only makes it seem that you wouldn't be working for them at all, and that they are taking the companies assets not the people.

Are you sure you are being transferred over?

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From reading around, an asset buyout includes employees, which brings TUPE into play.

I can't ask anything officially, because officially "I don't know what's going on".

I do know from another source that I am being transferred. The old Company will be dissolved.

It seems, again from from reading around, that I should be informed / consulted at some point during the process.

Just wondering if anyone on the forum has specific knowledge about this?

(Because of personal circumstances, I personally wouldn't actually mind redundancy right now).

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ok your being transferred so then your employer from post 7 would be the new one.

Sorry I can't advise on consultation as i don't know and don't want to advise wrong. Hopefully someone can come along that does know.

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Hi, the law generally is geared towards keeping people in employment.

 

What could happen is 

a) the boss sells the business as assets only, not as a going concern, and makes you redundant; or

b) you TUPE to the new company and if there is a job, you do the job; if not, they make you redundant.

For a 2 person company, consultation will be limited! I think, though it's reasonable to talk to your boss about what you think you know, and how you know it - and just ask what the plans are.  He/she may be as inexperienced in this as you are.

Consultation information is here

WWW.GOV.UK

Being made redundant - rights, statutory payments you're entitled to, notice periods and consultation, finding a job.

 

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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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Hi Emmzzi,

Thank you for the input.

The rights for a single employee seem a little wooly.

"If your employer is making up to 19 redundancies, there are no rules about how they should carry out the consultation."

It would be difficult for me to approach my boss about it, because it could cause problems for my informant friend. (Not many ways I could know about this happening).

My friend tells me that, because of my skill base, I am viewed as a major part of the asset purchase, and I do know that I will definitely be kept on in my current role because of those skills

I just feel a little impotent, knowing that I'm being bought and sold "without my knowledge" so to speak.

Oh well.

As I'm apparently considered such an asset, I suppose I should view it more as an opportunity to re-negotiate more favourable terms and conditions, as and when it happens.

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