Hi John... so that means by law we are entitled to the pay? They cannot just wait until we ask for it? Thank you

Hello I am an agency worker and my holiday pay is calculated based on an average of my last 12 weeks earnings, which is calculated based on my average gross daily pay. I had a pay increase which was back dated to 1st April. My last wage slip last week showed my back pay for only the hours worked and not the annual leave I had been paid. I know for a fact that it is not a lot but this is principal as for the last 4 years the agency I work for I have brought up numerous errors in my pay. I was even more dumbfounded when I got this response to my query: "We are more than happy to do the calculation for people if they want it. We regularly have clients who are late with their pay reviews and this can be for several hundred people at a time. It would take days to redo the calculations for everyone and usually, they only get a few pounds back so you can appreciate it’s not a task we are able to do en masse, however if someone feels strongly about it we will do it as it isn’t your fault either! " I telephoned ACAS but they were of no use as I need to know the legal requirements of this. I do not see why anyone should have to claim or request pay that they are owed. Please advise from a legal point of view to their response. I have had it recalculated and they are paying me even if only a few pounds - PRINCIPLE Any queries then please let me know. Thank you

Hi again.. thanks for the response. We were defending based on information in this post. I first submitted details in 2009 and as nothing had been actioned by the creditors I just assumed that nothing ever would... Didn't get court action details until this year which is a long time. One of my main concerns are I have no idea how they got to the total amount owed. I will fill in the N180 and hope to mediate. Presumably there would be no meetings arranged. Cheers

Hi... sorry if you are confused. Of course we dont want a CCJ. I was just hoping that it would be over without court. I am scared as do not know what to say when in mediation. Do I admit it or not. I have not done this before and do not know what to say to them. I know you are helping but you have to understand your responses seem to be from experiences and you have confidence with this and assume I would also. I dont, so sorry if you are confused. I am too !!!!

Hi... I need to calm down lol... read it completely wrong. I forget that we are the defendant and it meant us. I was thinking that they had filed a defence. Basically I don't have a chance now then I wouldn't be able to disagree with the case been referred to the small claims mediation service. I have no chance if I have to go to court.

Thank you Andy for responding so quickly. If the defendant has filed a defence why am I not seeing it. Why is that bit crossed out. presuming then I just let the 10th March go by without filling in a form ? Thanks

Hello... please help received a 'Notice of Proposed Allocation to the Small Claims Track' It states that this is now a defended claim. The defendant has filed a defence (but the next sentence is crossed out "a copy of which is enclosed". I must complete by 10th March a small claims directions questionnaire and file with court office. By the same date, the allocation fee of £40 is due. payable by the claimant, if not paid then the claim/counterclaim will be struck out It is still only showing my husband as the defendant although in the last letter I got from them (in previous note above an image) they state they were adding me. Not sure what the heck is going on so please help

Hello Thank you for responding... apologies is what I missed causing a problem then! What did I miss sorry. I took a look at the link and will have to read later as way over my head I presume when they make an application within 14 days I get a chance to see the application and have time to respond / Many thanks again

Hello The image is not correct anyway, sorry for the confusion. The tinypic images are correct Received the a letter from 1st crediticon which can be viewed here http://tinypic.com/r/2nhgtpx/5 this was the defence we eventually submitted, not what is above in my post http://tinypic.com/r/iwtzf7/5 The Claim form there is only my husbands name on it Thanks

sorry also should have added they have changed solicitors to their own inhouse legal department !

Hello the defence we submitted was the one on tinypic. yes I realised too small but could not remove the post sorry. yes it is a joint loan and they wanted to add me. Thanks

Hello Received the a letter from 1st Credit which can be viewed here http://tinypic.com/r/2nhgtpx/5 this was the defence we eventually submitted, not what is above in my post http://tinypic.com/r/iwtzf7/5 Please help as worried now. What should I do. May thanks

Hello Just putting together my defence. Here are the particulars of the claim again: "The claimant claims the sum of 6,006.66 for debt and interest. On 24/02/97 the defendant entered into an agreement with Bank of Scotland PLC for a loan under reference no xxxxxx. On 22/05/98 the defendant defaulted on the agreement with an outstanding balance of 8,511.07. On 31/07/12 the debt of 5,410.20 was assigned to 1st creditin (Finance) 5 Ltd. The company name changed to CAI Finance Ltd on 8/1/13. On 31/05/13 CAI Finance Ltd assigned the debt to 1st Credit (Finance) Ltd. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of 5,410.20 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rat of 8.00% per annum from 3/8/12 to 19/12/13 496.46, & thereafter at a daily rat of 1.19 until judgment or sooner payment." This is our defence: Please could someone check and see if OK or anything I should omit or add. Thank you in advance. ---------------------------------------------------------------------------- In the Northampton (CCBC) County Court Claim number XXXXXXX Between XXXXXXXXX = Claimant and XXXXXXX – Defendant DEFENCE DEFENCE 1. I, XXXXXXX of XXXXXXXXXX, am the defendant in this action and make the following statement as my defence to the claim made by XXXXXXXXXX, the Claimant. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the Defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 4. On receipt of the claim form I, the Defendant, sent a CPR 31.14 Request (dated and sent on the 3rd January 2014) for a copy of the agreement, the default notice, the Notice of assignment, a breakdown of how the outstanding balance and amount of debt when assigned to them had been calculated and any other supporting documents mentioned in the Particulars of Claim. To date of this defence I have not receive any documentation or response to the letter. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with 1st Credit (Finance) Ltd. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted and was not available when the claim was processed. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed xxxxxxxx Defendant ---------------------------------------------------------------------------- Look forward to a reply.

Hello Sent the letter today to the solicitors for more details. With regards to the other letter to capital one. How do I send them the £10 as thought not to include signatures on any documentation. Thanks

We paid an agreement with westcot £40 a month. Not sure where they got the defaulted date from. Could that be there terminology from when we first got in to debt trouble and then we made an agreement. I will change the letter above requests section as follows: 1. the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. the default notice. 3. the Notice of assignment. 4. breakdown of how the outstanding balance and amount of debt when assigned to you has been calculated 5. any other documents mentioned in the Particulars of Claim ...do you think that should suffice ? Thanks again

Hello To be honest I am confused with this one.It got transferred to Wescot Credit years ago and we had no communication with Capital Bank Direct at all. It went to Legal & Trade Collections before Wescot and also a solicitors but we adamantly paid the minimum and have been paying £40 a month to Wescot for a long time but stopped in 2009 due to finance problems. Early 2010 we received a letter with 'Your Annual Personal Loan Statement Agreement No: xxxxxxxxxxx for the period 01/10/2008 to 23/02/2009. It shows a statement opening balance as at 1/10/2008 and then 3 payments october, november and december 2008 with a statement closing balance. We had sent a letter to Capital one back in 2009 requesting the credit agreement. We did not receive so sent the one as in my above post. We then received a copy of the credit agreement in May 2009 but they never did anything and looks like they passed to another creditor ! The credit agreement was a crap copy although readable and is in this post on page 1. I will dispute the claim and defend in full - thank you Is this CPR 31.14 request to the solicitors OK (taken from a previous one done) --------------------------------------------------------------------------------- [our name and address] [solicitors name and address] [date] CPR 31.14 Request Re: [claimant v hubby] Case No: xxxxx On [date of claim] we received the Claim Form in this case issued by you out of the Northampton (CCBC) county court. We confirm having returned our acknowledgement of service to the court in which we indicate our intention to contest all of your claim. Prior to the issue of proceedings we had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored. Please treat this letter as our request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim: 1. the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. any other documents mentioned in the Particulars of Claim You should ensure compliance with your CPR 31 duties and ensure that the document(s) we have requested are copied to and received by us by [14 days from date of this letter) 4pm. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents we have requested, the better for you to be able to verify the document's authenticity and to provide us with a legible copy. Further, where we have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where we have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to us. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© we undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell us in writing. You must tell us before the time for compliance with this request has expired. In telling us you require more time you must tell us what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for us to file our defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with our request and you must state the new date for filing our defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell us in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of our defence, We will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. We do hope this will not be necessary and look forward to hearing from you. --------------------------------------------------------------------------------- I will also send the SAR to the original creditor as well Many thanks

Hello Received a county claim form with particulars of the claim as follows: The claimant claims the sum of 6,006.66 for debt and interest. On 24/02/97 the defendant entered into an agreement with BANK OF SCOTLAND PLC for aloan under reference no xxxxxx. On 22/05/98 the defendant defaulted on the agreement with an outstanding balance of 8,511.07. On 31/07/12 the debt of 5,410.20 was assigned to 1st Credit (Finance) 5 Ltd. The company name changed to CAI Finance Ltd on 8/1/13. On 31/05/13 CAI Finance Ltd assigned the debt to 1st Credit (Finance) Ltd. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum o 5,410.20 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rat of 8.00% per annum from 3/8/12 to 19/12/13 496.46, & thereafter at a daily rat of 1.19 until judgment or sooner payment. In this case is it easier just to send income and expenditure sheets and what we can afford If you read through the previous notes on this case going back to 2009 you will see that a number of creditors have had this and it has now gone to 1st credit. I sent out all the appropriate CPR letters etc and did eventually receive the credit agreement although did not acknowledge with them. Note on 17th May 2009 the following was sent ------------------------------------------------------------------------------------------------------------------ Capital Bank CH88 3AN Dear Sir/Madam Re:− Account/Reference Number xxxxxxxx You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 21st April 2009 I made a formal request for a true copy of the executed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 5th May 2009. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. ------------------------------------------------------------------------------------------------------------------ Please advise my best option as soon as someone can as the claim form is dated 20th December and I will need to do the AOS thanks Many thanks

Hello thank you for the response... would you have any one liners or sample text I could use to send to the company to request how the work will be covered. They have not divulged obviously to the company my hubby works for, what work will be done, just that they will be taking over, running it differently with their workforce!!! he was their 'bloody' workforce before they TUPE'd him out and has been there longer than the majority on site! anyway sorry this is a big moral thing for me and I know a lot of these businesses do not have morals or principals, but I do. Thanks

apologies forgot to add that she kept talking about the company my hubby working at as 'their customer' as if they did not want to upset them as they have other employees of theirs on site

Hello New update... I spoke with the HR person of the company that my hubby was TUPEd out to. She replied to the email I sent stating that if I would like to discuss further then to ring her. In the email she also stated the following: "To re-confirm, TUPE did not apply in this situation given that [company hubby working at] will be taking the yard operation in-house and running it differently using their existing workforce". When I spoke with her on the phone she said the same. That TUPE applied in 2010 when the transfer took place but it does not apply now. I am really confused. Any advice would be much appreciated. Thank you

Hello Apologies for the late reply to your questions and replies. I have a little more information. My hubby was TUPE'd in 2010 and in the last week it seems like something is going on but we do not know what. Basically they are saying that the work my hubby does will now be done in-house. After investigating a little further and speaking to a HR business partner at my job, I have emailed the HR department with the following: 1. Isn't this a reversal of TUPE ? 2. What is the selection criteria used for hubby's redundancy ? 3. Is my husband been dismissed based on a transfer ? ... please add any additional comments or if we are on the right track here. He was told by a member of staff last week that he would not be able to apply for a job at the company (if one came up) but no reason, just that it is complicated !! Thanks Lisa

Hi, i got one today from Hoist, exact same thing. Debt sold to them, Cap one and we not got one either. Just ignoring

Hello. In brief... hubby started working full time with a company in 2007 as a FLT driver. In 2010, hubby and one other FLT driver and some wagon drivers were moved over to a logistics contractor full time although still working at same company that took them on. They didnt have a choice and were told nothing would change. 2 weeks ago they were told possibly made redundant as the company they were working at were cutting costs and that they would now be doing the work my hubby and others do. He got told the other day that definite redundancy. We are dealing with it and looking for other work but wondered about legalities / fairness because the company has a few of their own FLT drivers that will be taking on the work that have been there a lot less time than hubby and if they hadnt have contracted him out he would still have a job. Any advice would be much appreciated Thanks

Hi... I am even more furious now as when you go on to the scottish power website they over a platinum fixed till 2015 with the cover that we wanted !!!!! I am trying to speak to scottish power by asking for a call back and twice now not got one. Trying again tomorrow as at my wits end too

Hello Please can someone look in to this for me as I am disgusted with the service I have just received. I know I have emailed the scottish power rep but yesterday I got a phone call from a lady (don't want to mention names really) from scottish power and all she kept spouting on about was the terms and conditions. She went away to look at the information as she did not have everything to hand. Basically we had this problem in December last year which they came to fix in January. same problem again although I have just got off the telephone with her and she says that there was no leak in December as there is nothing on the report showing that. She also said that she had the legal department tell her that the british gas boiler care is an insurance where as this one I got is not it was an addition to my online energy saver... OMG they are telling me this all now. I am disgusted and now stuck with a bloody boiler that is going to cost me £1,500 to fix which if I had taken the policy with British Gas I could have had fixed. Even though scottish power keep going on about the flipping terms and conditions and I should have read them I was NOT and repeat over and over again NOT AWARE that what I was paying for was a stupid basic policy which they call PLATINUM! that does not cover me for anything that I would need. I beleive they mis-sold me this and I would like some help and advice on what to do. I am sorry about the typing above but as you can probably tell the lady on the phone annoyed me so much I could cry right now. I don't have that kind of money !!!!!! Please help Thanks Lisa