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adele31

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  1. Hi Thanks everyone for the information and guidance, i havent responded to the letter, so just awaiting their next course of action
  2. what do you mean misused confidential information? i handed back all the files and they locked me out of my online diary/database the day i resigned, the clients i contacted were from memory & google
  3. just found this! (see pic) i honestly didn't know we had a handbook with other terms in it, i have definitely never seen, read or signed anything to confirm its existence (other than the bottom of my basic 4 page employment contract). they advise the covenants are all in place for 6 months inc the geographical restriction, my area covered from top of derby to south wales, mid wales, west mids, bristol, staffordshire - a massive area. but i do agree with poaching comment, they've poached staff from competitors, they've rewarded leads&business bought across from competitors, yet they want to take me to court for doing something they approved of when i joined. most of the clients i have contacted advised they weren't prepared to do business with my ex-employer due to their charges and their pestering. i have been very clear with the clients advising i have left and am working for myself - whereas they have contacted clients and deceived them by telling them I'm off on long term sick
  4. Thanks for the advice i will draft a letter back to the tomorrow They owe me 3 weeks notice leave and 2 days holiday pay which is not due till 15.2 i don't think they will pay it me now tho i just found all the email off them saying they will action all the leads i provided to them when i joined and it clearly states where they came from. he also payed me more money on the leads i brought over and signed up.
  5. Hello ill try giving you the basics My employment commenced on 18.2.13 as a field sales consultant. I have been in the same industry with my previous employer so in essence move across to the competition The Director of the new company was more than happy for me to provide him with details for some clients i had previously visited and bring them across to his company. Working for the company was ok until September 2014 when i was required to drive further and further each month. Somedays my 1st appointment was 180 miles away and my mileage increased from 700 per week to 1200 per week, which was exhausting. Over the christmas break i decided enough was enough and to hand my notice in, I did so on 5.1.15. The Director was very arsey with me and told me he was not happy to pay me 3 weeks leave. I started working for myself doing the same job 27.1.15, Today i received a letter from their solicitor with notice of intended legal action for breach of my contract as i have contacted some previous clients (these clients never agreed to do business with my ex-employer), it does not state in my contract i cant contact clients, nor in the letter received to confirm my resignation, But they are saying there are restrictive covenants in the company handbook. I was not aware of a company handbook and have never been offered it to read! As i work from home, Head office is 84 miles away and is only visited for 5 hours every 3 months for a team meeting. the convenience in a nutshell are apparantly - must not work for a competitor in a 10 mile radius/operate in the same geographic area (which is 180mile radius) - not to solicit current, past or prospective clients - not to poach employees. they are claiming i have contacted clients of which some i have and some i haven't contacted, that i have done business with a few and they want financial compensation for the same. If i was aware of the alleged restrictive covenants, then i maybe would have acted a bit differently, but as they are not part of my basic 4 page contract, i have never read them or signed to agree to them. Can they do this? They are also saying it is company trade secret information - when the information can be obtained from yellow pages and google. All of our competitors call the same database system and again information can easily be obtained from there. solicitor letter says my contract started 14.2.13 but i actually started and signed my contract on the 18.2.13. any advice greatly appreciated as they want a reply as a matter of urgency
  6. Update Been granted an Interim Stay pending a further Hearing informed marstons but they say they can still come to my property until the hearing, i believe that is wrong! so what do i do if they come to the property in the mean time? as i don't want them trying to take my daughters car
  7. Hi Im trying to fill in form n244 for a stay of execution but not sure what i should write in box No3 what order are you making? no4 have you attached a draft of the order? No 5 how to deal with application, the court i have to apply to is along way from my house so can i ask without a hearing? No8 what level of judge? no 9 who should be served with this application no 10 what info will you be relying on to support your application? Im finding this really stressful, spoke to marstons myself today as i really want to resolve this but they were so rude told me they have high court writ and can force entry then put the phone down. can anyone help with the above please?
  8. he has tried all ways of making an offer of payment even there letter says make an arrangement by a certain date and time but there saying client is demanding full payment or seize his goods.(they haven't contacted the client to advise his offer.) He has spoken to the original client again and they are awaiting the return of head of finance on tuesday as it will be her decision. They say they won't accept an arrangement over the phone we will need to discuss it with the ea that attends and it will be up to him. Ive looked into other options for him and as they are not willing to accept his offer maybe declare himself bankrupt! he has no assets and a few other debts but at least it would be put to an official receiver to evaluate it and agree he hasn't got the income to pay them anything. the policies he sold on varied from 4year -10 year terms he only left at the end of 2011, basically people are all looking to cut back on there bills the first thing they cancel are life insurance and critical illness insurance mortgage payment insurance, which all paid high procuration fees. we owe them £1600 which could be a matter of 3 cases.
  9. i thought of a few things that you may need to know in order to maybe help I just asked him some questions and apparently he filled in the form for acknowledgement of service saying he would file a defence but never did ( buried his head as normal) on the forms he was noted by his name but trading as his old company name, which no longer exists as he stopped sub contracting thru them as the market went downhill with recession and the money wasn't there. because it was a business trading from a domestic property does this mean they can force entry? He has spoke with several people today and marstons have told him off for contacting there client direct and under no circumstance should he do that again, they said they will not agree to a payment plan till they have been in the property to make sure we are not hiding a bentley (i wish). There is no way i will let them in. so there just going to be adding more money all the time. Im so angry with him for hiding stuff from me its really pushing our relationship. I feel like kicking him out!
  10. Thank you for taking the time to help me My daughter has Reciept for her vehicle and a log book in her name. The car on hp was only obtained in march of this year so he has only paid7 payments towards it and its on a 4 year term the house has a garage attached to it which does have internal door to the house can they force entry into it? he has called them today and even tho the letter says make payment plan they are saying they can only collect the full amount which he does not have. So they are saying maybe the agent that calls next week will set up a plan with you. He has called the company the money is owed to and we are waiting to hear back if they are willing to help. The stuff in the house belongs to me as when we moved in i already had a property so had belongings where as he lived with his parents had noting, can i make a declaration under the Statutory Declarations Act 1835 All items contained within the property at the above address and within it's boundaries, are owned by Myslef? Would this help me from losing my belongings? Also is it worth him applying to the court for an application for suspension of a warrant and/or variation of an order n245? so they can set up a payment plan or will that be wasting £50.00 in court fees?? thanks once again for any advice received
  11. i was under the impression as they had a high court writ of control they could force entry or get the police to help them gain entry. we do have vehicles outside one on hp and one belonging to my daughter her car she brought it for cash as it was cheap run around when she passed her test, can they take this? she has no ties with the person on the enforcement notice and she doesn't have the same surname, will this stop them taking it? he is contacting them today to make an arrangement to pay as we don't want it getting added with ridiculous collection charges. lets hope they will allow this. thanks
  12. Hello I need some help please I worked for a company selling insurances back in 2011 in august 2014 i received a county court letter saying certain people had cancelled there insurance meaning they were clawing back the payment already made to me this was the first i knew about it, a cci was obtained in september 2014 and they have now issued me with a Notice of enforcement thru marstons the enforcement is claiming the money i owe plus £90.00 for compliance stage it also say about enforcement details high court writ of control based upon judgement obtained against you by ****** in september Do they have the power to force there way into my home and remove goods now?
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