ScarletPimpernel
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Everything posted by ScarletPimpernel
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If they can't/won't produce the paperwork, they cannot enforce - but that doesn't stop them trying. To get the best advice on wording your defence, and dealing with the claim, I suggest that you start a new thread, in the Financial Legal Issues forum. -
No. The Access to Medical Reports Act 1988 relates to reports for insurance or employment purposes.
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Carter was closely linked to Fredrickson in the past, and their offices were close together. Carter is a separate firm, though, and does other work apart from debt. BW Legal are doing a lot for Lowell, are based near them, and only do debt. They'd be my favourites to transform, although in the murky world of DCAs, Lowell could have tempted someone away from another firm to set up in house.
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Thread title edited to reflect that it's a claim, not a CCJ.
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Court claim from Builder / Help in Defence Statement
ScarletPimpernel replied to JMKP's topic in General Legal Issues
For clarity, I've changed the thread title to reflect that you do not have a CCJ, but a claim. -
The limitation clock stopped when they issued the court claim.
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I'm going to have to disagree slightly with DX on this one. This is a commercial debt, so it may be possible for additional charges to be added - the Late Payment of Commercial Debts (interest) Act 1998 allows for both interest and reasonable collection charges. It seems to me, though, that £500 on the debt quoted can hardly be seen as reasonable, but it would hardly be surprising if Daniels Silverman were trying it on - they have the distinction of being the only DCA that we have had complaints about from their clients as well as their targets! To answer your questions: 1. Yes, possibly - see above. 2. There's no reason why you shouldn't continue to deal directly with the supplier. 3. Yes, they can - as it's a commercial debt the usual FCA rules don't apply, and if they don't collect, they don't get paid. However, you could write to them to say that you are dealing directly with the supplier, and will not enter into any correspondence with them, and nor will you speak to them on the phone. If they ring, just hang up.
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It would appear, though, that whilst there is a stayed claim, there is no CCJ. The DCA is clearly trying to mislead, and ought to be reported to the FCA.
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...which is then a clear breach of CPUTR.
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Indeed. I think we've understood that you might have chosen to deal with such a situation differently. Continuing to repeat the same thing over and over does not add anything to the thread, and is becoming rather tedious. Perhaps you'd be good enough to concede that the course of action he chooses to take is entirely a matter for the OP, even if it's not the same as yours.
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Courts.ie is the Republic of Ireland courts website. Better to use Moneyclaim online, the UK site.
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Try something like this:
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MBNA and Capital One from the nineties? The chances of a DCA being able to get an enforceable agreement are remote. In terms of the moral issue, a desire to repay is laudable, but should be balanced against the facts, which are that the original creditors sold the accounts for a fast buck. As Sidewinder has pointed out above, they sell them for a fraction of their value; it's an unsavoury business. Frankly, managing the implications of a life-changing illness is far more important than worrying about boosting the balance sheet of some offshore investment company (almost all the debt purchasers are owned this way). Taking control is empowering, and if you do it you will see that these companies have no power and no authority over you. I'd be inclined to write to them along these lines:
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Well done VS. Good to see such a well-presented report on your day in court, too. Hasta siempre!
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Nurse - struck off. Appeal / advice?
ScarletPimpernel replied to p3t3r's topic in Employment and minimum wage problems
The question I would be asking is what action the nurse took at the time about repairs not being done and so forth, such as reporting to the CQC. -
Community Payback and my paid work
ScarletPimpernel replied to billathome65's topic in General Legal Issues
I would have though that the agency supervising the unpaid work will have the same obligations as any other employer for health and safety, just as you will have the same obligations as an 'employee'. The reason the Probation Service didn't record anything about your health is not neglect, it's that medical issues need to be properly diagnosed and recorded by a medical practitioner. Otherwise, criminals would be trying to get out of unpaid work by feigning illness and/or injury. -
Legal Definition of Sub-Letting?
ScarletPimpernel replied to Oobujoobu's topic in General Legal Issues
I am not an expert either, but a colleague of mine who owns a leasehold flat recently had a problem with a neighbouring flat that had been let, by its leasehold owner, to a tenant. The tenant caused significant problems and was eventually evicted. The management company have now warned the owner that the lease forbids sub-letting, so she cannot install another tenant. As the owner's business is letting flats, this one is now for sale. -
Well done! I've edited the thread title to reflect your win. Please make sure you follow up on the CONC breaches.
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security clearance
ScarletPimpernel replied to jagpanther's topic in Employment and minimum wage problems
DBS NSV won't disclose anything to the employer - they simply say whether clearance is granted or not. -
security clearance
ScarletPimpernel replied to jagpanther's topic in Employment and minimum wage problems
I've never had a NATO clearance but had regular access to NATO SECRET systems on operations. I think the NATO clearance is intended for those working in NATO locations. -
security clearance
ScarletPimpernel replied to jagpanther's topic in Employment and minimum wage problems
No. DBS NSV is the agency that carries out security vetting in the UK. The NATO equivalent is the NATO Office of Security, which vets non-military individuals working in NATO. Developed Vetting is the highest level of UK security clearance. NATO has the Personnel Security Clearance Certificate issued at 3 different levels reflecting the level of access required. -
security clearance
ScarletPimpernel replied to jagpanther's topic in Employment and minimum wage problems
The basic check is actually called a Basic Check, after that is a CTC (counterterrorism check). Here's the official definition of SC: After SC is DV (Developed Vetting), which is the highest UK clearance level. This different to protective markings on documents which might have NATO, UK EYES ONLY OR 5 EYES ONLY markings. My job requires an SC because I have occasional access to SECRET information and locations. My advice to anyone undergoing clearance is to be honest and declare everything; if you aren't sure how to put something, ask your DBS NSV Desk Officer whose contact details you'll be provided with. The purpose of clearance is to identify vulnerability - lack of integrity and dishonesty are clear examples, and trying to cover things up or say that you didn't think it counted any more won't wash. If DBS NSV want any more information they'll get in touch. I've had several colleagues who've had to provide supplementary financial information before getting clearance granted. One had her clearance suspended until she could prove she was in a successful DMP. Another, who had travelled for a few months after leaving the RN, had to provide the address of every hotel and guest house, with dates, she stayed in overseas before they'd clear her. In terms of convictions/mental health history, it's not an automatic bar, but be open and honest, and answer any questions you're asked. Oh, and don't expect it to happen quickly - most of our new people are waiting 3 months for straightforward clearances. -
If the account was opened in ROI then the UK CCA doesn't apply. It will be the Irish Consumer Credit Act 1995 that applies, almost certainly.You can find it on the Irish Statute Book website. I would also suggest that you look at the Citizens' Information website, sub category debt, where you will find information about debt collection legislation. Unfortunately, whilst we quite often see UK DCAs attempting to collect from people now resident in UK, and occasionally ROI DCAs trying it on with people in NI, we don't have any specific information or advice relating to ROI debts being chased by ROI DCAs. However, as Cabot will have paid a small percentage of the value of the debt, they are more likely to agree to a short settlement. Have a read around some threads on full and final settlements, and you'll see how to deal with them.
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Can you give some more information? Was the account with MBNA opened in the ROI, or was it a UK account? When was the last payment made?
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Anxiety is normal, but there really is no reason to worry about RLPs silly letters. Think about it; the only thing RLP can do is send letters. The letters are just words printed on a piece of paper, nothing more. They are produced by a computer, and are designed to create anxiety and mislead people into thinking that RLP have some sort of power or authority that do not in fact possess. It's despicable, and a particularly unethical way to try to get money, but all you have to do is ignore them. That puts you in control, not them.
