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notodebt

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Everything posted by notodebt

  1. Well as much as I would like to mediate the court date will be next , seeing as I have ticked the option that i do not have all the information required. I will have to let the court mediation service know this . At least in front of a judge I tried.
  2. Hmm some really good points. If I remember rightly when it comes to the point of providing documented evidence, I also have to send copies to the claimant?
  3. Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back. In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court. For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance.
  4. Just a further update... Defence filed and copies sent to court + claimant. They have agreed to mediation along with myself but I have marked on the defence form that I do not have all the relevant information which of course I don't as my SAR request has not been satisfied yet. Searching through my emails I have located one dated 2016 where I was communicating with the legal dept , in the mail they said they were going to take legal action unless I paid the outstanding amount. I told them the situation ( on suspended leave not A/L then resigned) and not to take any action until they confirmed my resignation. I also asked them for a breakdown of how they got these figures , again nothing was forthcoming. The follow up email states that they do not have a copy of that resignation letter and they would refer to the HR department. Obviously that never materialised. I am sure I have a copy of that letter along with correspondence with my union rep via email while I was on suspended leave. So in all likelihood they will not produce SAR in time and cannot provide my resignation letter.
  5. Quick update..I also sent SAR to Coast , they have responded by asking for proof of ID such as Passport, Utility bill or driving licence etc , as a side note I recently SAR'd Cabot they too have asked for extra ID to prove I am the alleged debtor. IMO if these DCA's have been sending me correspondence to my address under my name that is sufficient for them to believe I am the correct person. Any advice please?
  6. So an update...letter from company HR saying that unable to respond to timescale due to the process in place to retrieve my personal information held in various sources across the organisation ( told you they were incompetent) Steps are in place to retrieve the information however this will require time to retrieve data and give a timescale of Jan 13th 2020. They then ask if I can specify particular information or processing activity that my request relates to.. I don't see why I should be specific at this point , all data may be relevant for a defence , what do people think? I also have form from the court for allocation so please let me know if the following is correct : Do I agree to small claims mediation Y Do you agree that small claims track is appropriate Y Hearing venue - My local court Expert evidence - N Witnesses - 1 Fill in the available dates section that I am or not available Finally serve a copy to the claimant , court and keep one for myself
  7. Many thanks Andy for taking the time out to do this. That looks great...
  8. Hi DX.. Apologies here is the background... Loan taken out in 2009 so you are correct about timescale. Key financial info Total amount of credit =£4379.20 Duration 120 months Monthly payment £63.90 Number of monthly payments 120 APR 13.16% Other financial info Total charge for credit £3,289.38 Acceptance fee £75.00 Interest charge £3214.3 12.68% My signature is on the form dated 20/4/2009. I have been paying since this time although I defaulted a good few years back and have been paying reduced amounts for at least the last 3/4 years. It was £20 per month , Welcome held off all the interest and charges from 2015/2016 so I was reducing the loan. Even when Welcome folded they kept this account going with the reduced payments. Fast forward to March this year and bal is £383. Next thing I get a letter from Coast to say they are now the owners of this debt. Checking through the paperwork I can see payments started to falter 2014 with bal around £2200. I was making token payments of £10 or £20 . Checking when I first started paying I can see that I have made payments of £65 , this is followed by capitalisation £65 and returns the bal back to before I made the regular £65 payment there are multiples of these up the end of 2013. After that there are random fees /charges as follows M16 - Fee - £5.00 followed by capitalisation £5.00 ?? SNT - Simple interest £ 0.12 - * INT - varies but appears to be around £21 * Q16 - Fee = £ 0.11 Credit adjustment £0.76p ? Unpaid DD fee = £12 * These appear after each other on my statement ..is this two interest charges? I got a £1208.44 interest refund (GWI ) in 2015 which reduced the balance down to £1043.00 and continued to pay £20 up to Feb this year. Hope this makes sense? So can I claim these charges and fees back against Coast now they are the official owner of the debt?
  9. Hi. Looking for some advice on an old Welcome loan that was sold to Coast , April this year. There is only £300 left to pay but not paid anything as I knew there were charges on the original account. I had been paying a reduced amount to Welcome for the last year then all of a sudden they sold it. I CCA Coast and they have sent me what looks like the original document with signature. There is no PPI but there is a fee of £75 which I believe is admin fee so can I claim this back? There are also a lot of £12 fees for missed or late payments plus other reversal fees etc. I need to write to Coast as they have taken the £1 postal order payment and used it against my outstanding balance so it looks like I have made a £1 payment of course this was for the CCA only. Can I now claim the charges back from Coast seeing as they are now the official owners of this debt? If so and Coast state I need to take it up with the original creditor is this correct?
  10. The defendant was employed by the claimant as a ************ under a contract of employment commencing on July 2008 which is subject to English law . The defendants employment with the claimant ended on Feb 2014. The defendant admits being employed from July 2008 to Feb 2014 The defendant received an over payment of salary from the claimant amounting to £396.55. This over payment was due to the defendant exceeding his annual leave entitlement by 16 hours and the defendant was paid for 25 ? 28 Feb 2014 after having left his employment on 24 Feb 2018. The defendant admits receiving the payment but denies this is due to over-payment of annual leave . The defendant was on suspended leave for an ongoing dispute during this duration and not annual leave as the claimant is reporting. The claimant has called upon the defendant to make payment of the sum owed, however the defendant has refused or delayed to make payment and accordingly this action has been rendered necessary. The defendant denies refusing or delaying payment and has previously asked the claimant to clarify how they have calculated this payment. The claimant has not provided a breakdown of the requested information the claimant claims int under section 69 of the county courts act 1984 at the rate of 8% a year from 1/4/2014 to 26/9/2019 on £396.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09 The claimants calculation is based on an incorrect sum. Admit deny or accept and add alternative and then it can be drafted into a CPR compliant response. Let me know how this is ....thanks
  11. Thanks for that Andy. I am away for 3 days from 26th and back the 30th Nov. Can I get some assistance with a defence to submit this week , bearing in mind I am still awaiting the SAR...
  12. OK still no documentation. By my calculation the defence needs to be completed by the 30th Nov. That is 33 days from the date on claim form of the 27th Sep.
  13. Got it! Thanks DX.. One more thing they have asked if I want future correspondence in writing or email. Can I use email responses if it goes to court?
  14. Sorry DX! See what you mean. Nope same address last 22 years. What if the company refuse to process SAR without the employee no. Or is that a defence?
  15. Hi..yes left there in 2014 had several jobs since. I have no idea what the employee number is , so without this will fall at the first hurdle.
  16. a letter back from company to acknowledge SAR. Followed by , we authenticate the ex employee by using info provided as part of your request. The details you provided are not suffice in allowing us to match the records the we currently hold for you, you have failed authentication. and request has been put on hold. Can you provide the following: 1.Employee No 2. Nat Ins no 3.First line of address and post code When authenticated we will progress your request. Then goes on to say they have one month to respond as per legislation.If you are not satisfied complain to the ICO...etc Now why do I need to provide these details as they already have them or should do! The POC clearly states as an employee so they should have the details on record. I can provide all details apart from the employee no , as this was five and half years back I do not have that to hand , certainly do not have any payslips etc. I am tempted to write back to say you have not complied with my request in the first instance but do I need to provide these details by law?
  17. Just to post an update , the SAR letter was received and signed for on the 8th Oct. Do I now class the 30 days from that date or the 7th Oct when I submitted to post office?
  18. Many thanks for the advice to date. It is Northants bulk county court. CRP 31.14 would be ideal especially as the POC states contract in the first paragraph. In terms of questions or clarification certainly what the company has on record for Jan/Feb 2014 in terms of my suspension. Before I handed in my notice I handed a list of issues that I had with the company to my union rep to be raised with HR and my team leader including issues with my two colleagues , security of assets, issues reported to senior managers that were never acted on. After that list all allegations were dropped as I was prepared to escalate further to a tribunal. The company did not want the bad publicity. I think I may have some of those docs on a USB drive It was a shambles any issues were dealt with in a flippant manner , nothing in writing. get on and sort it out amongst yourselves was the attitude. Missuse of company expenses etc was the norm so they wanted to avoid the press getting any negative stories.
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