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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

siriusb

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Everything posted by siriusb

  1. siriusb
    Help! I'm trying to find the templates for SAR, reclaiming late payment fees and full and final payments. I know there is a library of these but can anyone give me instructions on where to find them on the site? Hx
  2. siriusb
    Ermm..i hadn't put a thread on it...
  3. siriusb
    What kind of negative info might that be?
  4. siriusb
    Less than two weeks after sending in the form I have received a letter confirming PPI refund, including interest, or £1049.58 pence coming my way....Yay! Next ....applying for those late payment fees to be re-imbursed!!
  5. siriusb
    Sorry if I am posting it in the wrong bit but could I get some advice on full and final offers to my creditors (all credit card companies). I have got some PPI back from two of my creditors which I am hoping puts me in a position to make offers to two of my creditors. I currently pay each of these creditors £7/£5 a month. My debts are managed through the CCCS. One has no PPI to be claimed back and the debt stands at £1561 in total and has remained with the same company. The second one stands at £819 and I am awaiting to see if mis-sold PPI is deducted from it. It too remains in house. I was thinking of offering the larger of these £400 and the smaller (depending on PPI refund) £250-£300. has anyone any experience on whether these are fair offers or likely to be accepted (as they represent approx. 5 years of payments). I know Full and Final letters have to be worded very carefully - does anyone have a template I could use? Can I ask for my credit files to be marked settled (or however it's worded) rather than partially settled? I have a few other larger debts that have been sold on - would I be on a stronger footing offering one of them a full and final amount as they are likely to have purchased the debt for much lower than it's value? All help appreciated Hx
  6. siriusb
    Thank you for the swift reply. I think I mean debt collection - the companies are marlin and cabot and they both show as that rather than the original creditors on my credit file. Be very useful if they couldn't have direct access if I were to win as I could use the funds for full and final offers...
  7. siriusb
    Hello all, Sorry if I am not using the correct terms. Three of my debts from credit cards have been sold to debt management companies (my finances are managed with the help of the CCCS). As I am pursuing PPI claims, if they are found in my favour, will the award come to me or do/can the original creditors pay the rebate directly to the companies that have bought the debt without my say so? Kind regards,, Hx
  8. siriusb
    Hello, I wonder if anyone had the right address for sending a claim for reimbursement of late payment fees. Any legal wording that is prudent to include to get them to agree? Kind regards, Hx
  9. siriusb
    Actually this is a bit random - but if a debt is sold on, and there is an order for a certain amount to be paid each month as set by the judge via CCJ - when the debt is sold is it ok for the new debt company to register a default/missed payment (i'm not sure of the technical way of describing it) each month with credit reference agencies? After all they knew that was the debt they were taking on? Any experiences/thoughts?
  10. siriusb
    Optima were MBNAs representative, and they are now administering the account for Marlin. No mention of action - in fact no contact from Marlin whatsoever! I didn't even know I had been transferred! The reason why I am asking this is that the only way I could pay my creditors any quicker is to sell me house and get a house with a smaller mortgage (currently my mortgage is £1060 pm and i would look to find somewhere with a mortgage of around £700 pm so that's a fair bit more free to pay off debts). Obviously if the charging order is in place i will not get any small amount of equity to use as a deposit. So i am looking at whether there is any legal and fair way to change having the charging order there. I'm not trying to be sneaky or wriggle out of my debts - i'm just trying to find a better way than my current position - that being it will take me 16 years to pay all my current debts off at the current amount i can afford each month.
  11. siriusb
    Thank you - much appreciated. At least I know they have to do something- Marlin that is. I'm just wondering if the court have to inform me/give me the option to object?
  12. siriusb
    The PPI claim is with MBNA so I'm just waiting to see what happens there. Unforunately I am not in a position to pay them off as it is a judgement for around £9000 But I am trying very hard to sort my finances out.
  13. siriusb
    I was hoping that I could dispute it on the grounds that 50% of any equity belongs to my ex husband, and that if all my share of the equity goes to Marlin it then unfairly disadvantages my other creditors. I don't know whether i could contest it on the grounds of me paying my ccj (which dates back to 2010) so should it have been granted if i was paying stated amount? I know the rules changed on this in 2012.
  14. siriusb
    Thank you for your quick reply Can I contest it on the same basis i should have contested it in the first place? (I was too unwell and doped up on pain medication to do anything at the time). I am hoping to have the ccj set aside (as i am planning to claim back ppi and *hope* i get it therefore the amount stated in the ccj would have been incorrect). Additionally, in my exceptionally limited understanding off ccjs and charging orders , i'm not sure at the time the ccj was granted that the charging order should have been granted on the basis I had not missed any ccj payments. Does that make sense or am i barking up the wrong tree? Kind rergards
  15. siriusb
    To cut a very long story short MBNA have a charging order on my property from June 2010 which is not enforceable provided I make the payments on my CCJ (which I have). It is MBNA stated on the court documents. I have just found out the debt has been sold to Marlin (as of July 2012 - I didn't receive notification). In both cases Optima Legal is acting as the agent collecting my payment but they are not the holders of the debt. What I want to know is whether the charge can just be transferred between companies like that. I appreciate the debt can, but can a court order? Optima Legal have told me 'All rights have been transferred'....but i'm hoping some sharp eyed legal types out there can confirm or deny this. Many thanks, Hx
  16. siriusb
    Hi, I don't think I have presented myself as an expert but I have put in the three pieces of legislation I think they have omitted to follow in some way. Really nervous about initiating it. Genuinely do think there are issues that have been appauling handled and that I have tried to resolve as things emerged, also accept that comments made by couple of other posters regarding errors i may have made. Just feel that if I dont get certain isses addressed formally they will be swept under the carpet and crop up in various guises again and again (in all fairness a couple of points I have made have occurred before - I have not included this in the grievance as i want to keep it focused and pertinent to the current situation). Anyone had a successful resolution to a formal grievance? SBx
  17. siriusb
    OK, Stuck to facts. I've written a grievance letter as a first step. We have a dispute resolution form at work on the computer but as I don't have aceess to it then the letter is a start. I have basically laid it out in the format of laws they have failed to follow, and then department issues/policies not followed. Finished with stating I hope it can all be resolved amicably. Does that seem a normal, satisfactory lay out for a grievance document. SBx
  18. siriusb
    Hi Emmzzi, I am hoping that things can be fixed. I think most of the concerns are centred around reasonable ajustments / suitable duties not being followed so I can evidence those via conversations and emails. The other issue is what i feel is the prevailing attitude of a manager regarding aspects of my disability. He has constantly raised 'concerns'. None of these concerns have been borne out by any shortcomings in my duties but the one thing I struggle to do is the thing he has redeployed me to do. I guess i am hoping for advice on how to word this 'feeling' professionally in the grievance. Is his constant 'concern' (this pre-dates the existing act of discimination but continues through the existing situation) in appropriate seeing as there has never been any issue regarding my physical duties?.Also in the grievance should i cite what legislation i feel has been contraviened? Thank youso much for you input: I do appreciate it. SBx
  19. siriusb
    I have notes in my diary of every call / conversation, I also have print offs of emails. I handed a letter in at work yesterday asking for contact by return (an old fashioned term I know but I didn't know how else to put it) to deploy me in a suitable role. I will have to go into work to lodge a grievance using the online system. As I have never done this before would you recommend I put everything in the grievance that I would want the tribunal to look at? I know that sounds a bit dumb. I'm not talking about deliberate omissions, more a case of not listing every piece of evidence I have? SBx
  20. siriusb
    Sorry - if it makes a difference I should have said I am still employed at the moment and the grievance is about disability discrimination
  21. siriusb
    Hi all, Thanks to some sound advice on here I have downloded the ET1 and guide. I just need to clear up whether I absolutely have to have raised a formal grievance in order for it not to be immediately thrown out. There seems to mixed information on the web - some of it dating back a while - and I can't really see a clear answer. Thanks SBx
  22. siriusb
    What I find odd, and maybe it helps my point, is that on the 29th Jan I spoke(and then saw) with old line manager who I have been put back under and said I was fit for work. Once again I was told he would speak to this senior manager (the manager who has now said I am absent without authorization) as i am not allowed back to that work environment until retrained, and that he would get back to me. Since the 29th I have not been told where to work, nor has my line manager got back to me. So I am categorically not allowed in one work environment at managements insistence, the other work environment is in direct contradiction to my Occ Health referral and a manager there has said they do not have work that matches my Occ Health referral. I appreciate that the period from x day in December to the 29th may be a problem but surely it is a defensible period given that in the last 5 days they still have not contacted me to tell me where to report. It is the same situation. Does that make sense? SBx
  23. siriusb
    I did not know effectively who to report to. I didn't attend work at the office location as it was in was exacerbating my disability. I had sent numerous emails regarding the imapct the work was having on my condition. The managers knew it was making me worse, and they knew through emails and discussion that it was contrary to my Occ Health report, and one senior manager had confirmed that they could not offer me work in that location that matched my fit note or the occupational health advice. Add to this my line manager (who had only managed me for 10 days at this point) was away on holiday, and my previous line manager had informed me he was doing another Occ health referral. There was no clear line manager. I have a few scant details that my union rep and some senior managers were looking at other locations for me to work in after I had handed the letter in. So all and sundry knew I was fit for work....it just seems to have slipped everyones mind that i have been waiting and waiting. I can see that maybe i could or should have chased it up but it's hard when you are constantly told 'someone will be in touch' and you aren't certain who to chase up. As i stated in my previous thread I do not have access to HR per se, as HR is there toadvise managers! @becky. The correspondence was entirely from me - i didn't even get an acknowledgement of it. I stated i was fit to return to duties that matched my Occ Health report and that i would appreciate being informed where and when to report for work. As mentioned above after that I only had word from my union rep that senior managers were in contact with him over my situation. I'm categorically not sick, can do my old job or a job similar but have marked limitations when it comes to sitting down. All i want to do is work. If they now know I am fit for work why haven't they said 'Right report to workat xxx location'? It feels like the situation is being manipulated to my detriment. SBx
  24. siriusb
    Am quite upset and panicky so sorry if this doesn't make sense. This is a follow on from my thread a few days ago. I received a letter this morning saying that as i didn't attend for work on x day in December 2012 after a fit note from my gp ran out I am absent without authorization. It invites me to a meeting this coming week. The only problem is I put myself fit for duty as long as the duties were in line with occupational health recommendations back in November, and asked for someone to contact me to tell me where to go and when or to let my union rep know. I have a diary entry showing that two senior managers had contacted my union rep two days after i had put myself fit but since then have heard nothing. This mimics exactly what happened in 2011/12 when i was on gardening leave effectively for nearly 12 months and had no contact from the department. This letter leads me to believe i am actually being lined up to be sacked. My union rep is a nice bloke but i dont necessarily think he is fighting my corner particulary strongly. Can anyone help? If i put myself fit for work, and they have a record of this letter, asking them to tell me where to go can i be deemed absent without authorization? The role they had reployed me to was officed based and sitting causes me immense pain if i have to do it for long periods (OH report states I am likely to be covered by DDA/equalities act). Is it reasonable,if i am absent without authorization for no-one to have contacted me since x date in December until 28th January? If i am deemed sick, as it shows on the work computer system why were the company not folowing their own sickness management protocol. My main concern now is the risk of sacking. Should I be insisting the Union get legal advice? All help really appreciated. SBx
  25. siriusb
    Hi Emmzzi, Thanks for your input. Will find those forms and download them tonight. SBx

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