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    • You need a back up plan. If you believe that redundancy is very likely, start looking at other employment options.  Don't leave it until you have been made redundant before looking for new employment. I regularly speak to people who have been made redundant and about mental health. Those who have a positive plan, get into employment quickly following redundancy and manage to maintain their finances. Those who don't have a plan, decide to accept redundancy and a period of unemployment. They end up in a downward spiral, with redundancy money spent, debts accumulated, mental health decline and difficulty finding new employment.  
    • Interested observer here as I'm in a similar situation. People become conditioned into seeking and maintaining a perfect credit score/file, but if your situation is that you're unlikely to obtain further credit for the foreseeable future anyway due to your other outstanding debts, then tanking your credit file now won't make a difference other than you've took back control of your finances.
    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
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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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Ready to take Abbey to court - need help & advice please!


Les1
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I'm so scared of getting anything wrong, have just read the statement of evidence and more info on AQ's. Just to clarify then. I have completed my AQ. Handwritten into section G:

 

Please find the following attached to this allocation questionnaire;

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

I have attached Passage for section G/H - 'other information' on a seperate sheet) and Draft Order for Directions. Is that all I need? Ready to send and await instructions from court?

 

Thanks for being patient, I have read so much information, I just need it in simple terms now!

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  • 2 weeks later...

Got a letter from Abbey today saying that all court cases are being suspended until after the test case. Is this true? Not sure what to do. we have paid out £220 in fees and could really do with the money. We had to borrow the £100 for the AQ from my daughter. Abbey are saying that we might be able to receive their original offer unless we rejected it, which we did.

 

Also got a similar letter from Barclays saying pretty much the same, except the bit about accepting their original offer! We are nearly at AQ stage with Barclays. The way the letter is worded is that they expect the test case to prove that charges are fair and just. Do I try to get back original offer and give up or is this worth fighting for?

 

I find this whole thing really scary and I'm not particularly legal minded. This has made me feel really fed up. :(

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  • 2 weeks later...

Hi Les1,

 

It sounds like your banks have written to you to say they are requesting a stay at the court - if I was you I'd proceed as normal (I am). I have a hearing date and Abbey wrote to say they were asking the court for a stay (in Hereford) but I've checked with the court and thry are taking no notice and I'm still on track. (fingers crossed!). It seems some courts are waiting for the test case and others aren't. I certainly hope mine doesn't.......

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HI, thanks for that. We haven't heard from the court re our Abbey claim as this has gone to AQ stage, but we have heard from the court to say that the claim is being put on hold pending the test case re our Barlcays claim. We claimed against Barclays using MCOL and this has just been transferred to our local court, Leicester.

 

On another thread it said that the OFT have advised banks to honour any offers they have made in the last 2 months, I am tempted to write to Barclays and ask for their original offer of £1125. The way I see it, if the banks win the test case, then we all lose everything, at least this way we will get something. We do intend to keep going with Abbey though.

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