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  1. Armed Forces Legal Action (AFLA) is a new nationwide scheme, established within the legal profession, calling upon lawyers across the United Kingdom to help the men and women who safeguard our country when they themselves need assistance. AFLA will be launched on Armed Forces Day 2014. Law firms across the UK are being invited to offer a discount of one third of fees to: Serving Armed Forces personnel (regular and reserve) Those who left the Service within the previous two years Those who have sustained serious combat injuries Recipients of the Victoria Cross and the George Cross Bereaved next of kin recipients of the Elizabeth Cross More information is available at these links: http://www.lawscot.org.uk/members/member-services/professional-support-for-members/armed-forces-legal-action http://www.heraldscotland.com/comment/letters/armed-forces-legal-action.21617382
  2. On Sunday afternoon, a very good friend lost his wife. (I only knew her slightly, so am upset for my friend and his children). She was 27, and they have 8 children from 13 down to one year. She felt ill in August 2013, with swollen neck glands and extremely sore throat. The GP told her she had a throat infection and would be fine in a week. No anti-biotics. In September she went back as she was worse. Told the same. She then had a period of feeling slightly better. Come November, bad again, back to the GP, still no help. She got through Xmas somehow, seemed to pick up slightly again, although this was probably the whole Xmas thing with the children that cheered her. Bad again, and now whole head swelling up, so hubbie took her straight to hospital. Diagnosed with cancer (not sure but believed to be a Hodgekins type thing in the lymph nodes?) and given a week to live. End of story, charming. Children had to be told last night and I'm sure you can imagine that. Now, I know the poor man is in complete shock, disbelief and disarray and that right this minute is not the time to be thinking about legal action, and this I have told him. But, when he is on some sort of keel again (I doubt if it will ever be an even one again) he wishes to pursue this if for no other reason than discovering what the hell went wrong here. So, can anyone point me in the direction of anything I can read up about on this sort of thing, where to get medical records, info etc, so that when the question arises in the future, I can point him in the right direction? Or even, just where does one start? Many thanks to you all.
  3. hi all, i defaulted on a £13000 halifax credit card in 2009 and have made token payments upto the end of 2012. a few weeks ago i received 2 letters; 1- court papers regarding the credit card debt. it was sold to cabot about a year ago. 2- letter from shoosmiths saying that they were going to apply for a ccj on behalf of cabot and then apply for a charging order on my house. i returned the court paperwork to cabot's solicitor, shoosmiths, including an offer to pay £20 per month (as per my disposable income on the income/expenditure form) today they wrote back to me saying that they would stop court action if i started to pay the £20 per month. my question is, would it be better to pay the £20 to avoid action or let them get a ccj against me and then pay the £20 (i guess the court would tell me to pay the same amount) i'm thinking i'd rather get the ccj now and have it off my credit report in 6 years than have them able to get a ccj against me at any point in the future. it's probably going to take me about 20 years to pay off the debt and would prefer not to be hit with a ccj in 5-10-15 years time for a debt from 2009! also are they right in saying that they can get a charging order put on my house? they must have bought the debt at far less than face value - seems a bit unfair.
  4. Hi there guys, I wonder if you can point me in the right direction... I purchased a pram from Asda direct back in march 2013, over time it has developed a number of faults. I rang asda direct and explained the problems, I was given the choice of a refund or a direct replacement...due to the nature of the faults I chose a refund. We were told to package the pram up and we would receive an email with all the details and the arrangements for the manufacturer/courier to collect the pram. We never received the email. We rang again around 22nd January and we were told the adviser hadn't put it through properly, so again we would receive an email the next day. Guess what?? No email! So again we rang on Thursday 23rd January and we were told the previous adviser had again done it incorrectly. She managed to arrange the courier and said they would collect the pram on Friday 24th January between 8am - 8pm. So I arranged to be there all day....Guess what??? Nobody turned up...I'm sure you can see a pattern arising here! So obviously very annoyed and without a pram for my daughter for a whole week now I rang that evening asking for an explanation and they told me the adviser had forgotten to forward the reference number to the manufacturer so the courier could not be arranged! WOW 3 different advisers were unable to their jobs properly! She said that the manufacturer/courier was closed during the weekend so she would arrange for it to be collected on Monday 27th. I asked if they could confirm on Monday via email for peace of mind. Again I arranged to be there on Monday and waited in all day, I did not receive an email so I rang around midday to confirm that the courier was still coming...I'm sure you can guess what happened next...that's right, the adviser I had spoke to on Friday hadn't even put the request for the courier through! So another wasted day and even more time without a buggy! The adviser then said she would send the relevant email through to them to arrange the courier and it would take between 24-48 hours before I hear back from then. I told them this was unacceptable and this was going to be the last chance. I asked to log this as a complaint and she said she would. On Tuesday 28th I managed to email the courier/manufacturer...they are a company called Obaby, they emailed back the same day and said due to asda directs strict policies they were unable to arrange collection until they receive the correct details, she said she would send asda direct an email again requesting they send over the info they need. In the meantime I had rang Asda house and they explained they were unable to help with Asda direct problems...I also sent an email to the head office CEO of asda but they failed to even bother to reply. I rang Obaby again on Wednesday 29th to ask if they had received anything back from Asda and surprise surprise they hadn't! I explained to them that I will give Asda until Friday 31st and if I hadn't heard anything then I would be sending the pram to the manufacturer myself using a signed courier service and once they are in receipt of it I will give Asda direct 7 days to make the refund before I will be starting proceedings in the small claims court for refund + costs + compensation. I also rang asda direct making them aware of the same thing. I spoke to their legal team to collect the address for making such claim. I have made so many calls and wasted so much time on this...meanwhile our 8 month old has had no buggy at all and we have had to pay additional transport costs. I have just ordered a new pram today as we cannot do without any longer...needless to say we did not buy this from Asda! What I wanted to ask is am I well within my rights to do this? What sort of things can I claim for under the small claims court? Is there a template letter I can use to send Asda threat of legal action? I would appreciate any input anyone can give on this matter. Thanks for taking the time to read this!!
  5. Hi All, Am in middle of efforts of defending Claim from local council against my former partner (kids etc)/her business - total over 10K plus 8% interest for amounts due against 4x invoices for years 2008-20012. Partner knew these were wrong; missing several thousand - had tried (by phone) to locate with P'tiff, before business had to close. Informed P'tiff of this, who demanded proof (though paid in correct account) - these were provided. By return came letter/statement; letter demanded original sum/full interest, cited Aug 08 as Cause of Action, then acknowledged/located amounts from receipts we provided, to be found Highlighted upon statement. This amounted to a third of amount of claim. Further, un-highlighted, payments - not listed within Claim - were also listed, made during years of claim. Along with our 'located' sum, this came to more than 50% of total of Claim. The balance sought upon the statement did Not change by a single penny!!! The method used by the P'tiff to come to this mathematical act of wizardry,after the entry of 20+ varied amounts, entered/'found' Since the Claim was served, was to go back a further 2 1/2 years to Jan 2006 and,apparently, the debit/credits came to exactly that sum ! (and Jan 2006 was a blank sheet - £00.00, though trading for 3 years previously!?). Went to Allocation hearing earlier this week, thinking from form it was for ADR;was not prepared! D/J took statement at face value, listened to P'tiff ('he's a Solicitor, Sir'); my arguement that Cause of Action was 2008/1st invoice on Claim wasn't heard - 'that's for an earlier debt, NOT C of A' - couldn't dig out P'tiff letter quoting Just that. The D/J and P'tiff agreed on Jan 2006 as C of A - I then cited L.A.1980 - statute-barred, which did stop them for a sec, but D/J then said that was a matter for Court. He asked us both for Scott Schedules of payments back to Jan 2006. The P'tiff asked for Sm Claims Court - I pointed out amount was well over 10K; Fast-Track?? D/J said sum didn't matter; gave advice(?) probably best with view of expenses - that's where its going now. Thought I could ask for matter to be struck out, but D/J 'didnt have time to answer questions'(note P'tiff/Def both given Court times 1/2hr later than one posted in Court) After this, had thoughts that I'd seen D/J had copy of statement, but in B/W - NO highlighted/'acknowledged' sums, and therefore Did he have copy of accompanying letter citing Aug 08 as C of A ?? If not, is this Failure to Disclose /False Representation F.A. 2006? (as might be the statement/'moving of goalposts' - to Defendant?) Have NO idea how to proceed now; finding all payments back to 2006 may be hard. Do I try to serve(?)an application to strike out (F.A. or L.A.) ( Def of F.A. ex turpi causa[/i ] ?), or simply try and find what receipts I can, in now 11 days, send that in, see what P'tiff comes up with, and then......??? Didn't think defence had to prove payments etc, Especially for dates outside Claim; we were going to argue the sums within the original Claim; simply cannot understand how there are now, seemingly 2 Causes of Action! Advice on how to proceed Very gratefully received!! hman
  6. How many of you have been taken to court by MM? I have had my hours drastically cut and can barely pay the household bills so I can't pay the loan off or meet the monthly payments. My options are pay in full, pay the monthly instalments, give up the car or they will take me to court and apply for an attachment of earnings. I no longer have the car (long story but I didn't sell it on). I have offered £50 a month until I am back on my feet but that won't even cover the interest. If they take me to court they won't get £50 as the money just isn't coming in. Any thoughts?
  7. hi, I was declared bankrupt in 2010, for £36,000. The solvency service received £46,000 from two banks paying back the ppi, with the insolvency service charges, I still did not get annulment. Do I have a case of (right of action) towards the banks. Thanks for your help. Regards carco
  8. Hi, I wonder if somebody can help me with this. I took out a payday loan early last year, rolled it over once,n repaid it completely and thought nothing more of it. Back in October I started to get a barrage of calls, texts and letters from MMF claiming that I still owed money and the debt had been passed on to them. I got a lot of reassurance from this site and the sort of text/voicemail I was receiving was in line with what others on this forum have been getting so I was content to ignore them completely. Today however I received the following email and a quick search of the forum hasn't revealed anything similar. Does anybody have any suggestions as to what I should do now? Should I keep ignoring them or start fighting back? Thanks Dear ***, Reference: *** Debt Balance: £424.50 Debt: Mr Lender Debt Assigned to Motormile Finance Uk Ltd I am the Solicitor at MMF and have had your file passed to me, in relation to the outstanding balance on your account. I note that despite several attempts by my colleagues, this debt still remains unpaid. Please be advised I have received instructions from the Directors of this company to pursue this matter through the courts to recover the outstanding balance. However, as a matter of courtesy, in order to save time and legal costs, I am writing to you to request that you make contact within the next 5 working days. Could you therefore please make contact, without fail to come to an amicable arrangement, failing which I may have no alternative but to follow the legal route to recover the outstanding sums due. Please note that I am in a position to offer to you a significant reduction in the amount owed. We therefore look forward to hearing from you shortly. Kind regards, Neal Chatrath Solicitor Motormile Finance UK Ltd (MMF) Main: 0113 887 9888 Free Phone: 0800 996 1103 Web: E-mail:
  9. Hi everyone this is my first time posting on these forums and i find myself in need of some advice! i took out a payday loan with mini credit which was due to be paid back on the 25th of October 2013, i started college and had a reduced income for that month and the forseeable future. after looking around mini credits website i realized there was hardly any way to contact them! i requested a call from them on the 20th of october and also sent an email asking for a repayment plan that same night only to have an automated response saying: Dear Sir/Madam Please use ww. minicredit .co. uk /contact page to send Your question. Kind regards Mini Credit .co . uk Customer Support Team As i had already done that i searched around these forums to find an alternative email address to use other than the info @minicredit one and found one for collections @minicredit.co.uk on the 23rd of October i against sent an email to mini credit stating: Dear minicredit. I am not in a position to make a lump sum payment to pay off my mini credit loan debt. This is not a decision that i have taken lightly and realize my obligation to pay back this sum of money of £243.18 due on the 25/10/2013. This is due to me starting full time education and now receiving lower wages than i originally anticipated. I did try to contact you earlier but received no response after trying though your website I am hoping that we can come to a repayment agreement that meets the interests of both of us where you get your money back at monthly payments that i can afford and so continue to pay my priority debts and living expenses I would also kindly ask that you suspend any interest chargers occurred in my repayment plan so i can pay you back the £243.18 that i owe in a fast and timely manner. i understand the impact this will have on my credit report and deeply sorry for the in convince caused I also kindly ask that you contact me by email only as this is the only way i will communicate. Kind regards i then went to bank and asked them to cancel the cpa for mini credit, i didnt inform mini credit of this i wasnt sure i was suppose to or not?! on the 25th the due date mini credit took the £243.18 i owed them and a few days later the bank refunded me, in this period i had no emails or phone calls off mini credit till i woke up to text message today saying: We have the right to start legal action and inform the national chargeback database about your fraudulent chargeback to reduce your credit rating. i rang them up after this message to say i have had no communication off them and that i had emailed asking for a repayment plan they claimed they had email me but the only email i have received was the auto response one i posted above and that it had been passed on to collections and i couldnt set up any plan till my bank informs mini credit of the charge back or something along those lines. So please any advice about what i can do next im very stressed with this whole cycle and just want to get out of this mess so i can concentrate on work and my studies.
  10. Hi, I have had a response from Lloyds - they have sent me a reconstituded copy of the CCA. It does not contain a signature, although I believe it doesn't have to contain a signature in order for it to be enforceable. It's for credit card and it has my husband's name and address on it but nothing else. No credit limit on it. That was document 1. Document 2 was entitled 'Your Lloyds TSB Credit Card terms and conditions. Applicable from 26th November 2011' The account was defaulted on in 2004. They have given a statement of the account in another, separate letter stating the balance, credit limit,current monthly interest rates, arrears and further payments to be made. They state they have sent us a copy of the Signed document - but it is not signed. My husband owes them £896 - we have previously offered £330 as a F&F settlement which they have refused. I'm not sure if we can do much more - they insist that this is a legally enforceable debt. What next? Any help would be appreciated. Roar.
  11. Hello, I have been a customer of "PerfectHome" for about a year now. I have just missed 2 weeks payments due to being out of work and now have them knocking at my door. I have buried my head in the sand and avoided them as they have put a note though the door saying that they are going to contact the police as the goods still belong to them. Are they allowed to do this and what rights do they have? Thank you in advance
  12. Hi All I have received a court claim pack for me to fill out a defence etc. I have a few issues so here goes. It’s from Bryan carter solicitors regarding a debt that Lowell have purchased The amount on the claim is £7952.90 + (8% interest) £590.91 + court fee and solicitor costs £290 total £8833.81 When i received the pack i called Lowell. they were very helpful and did give me some options I made an offer to pay £50 per month towards the debt but I also made it clear that I was going to be claiming for miss sold ppi. they told me they could recall the debt and make a payment plan. they also told me they could authorised a settlement figure of £3976.45 50% of debt. they did tell me to call Bryan carters and make arrangements with them as it may be easier. I called bryan carters and told them this. They seemed confused and suggested that the person at Lowell did not knot court action was already being taken on this debt. they told me they would talk with Lowell and give me a call back. Several days later I spoke with Bryan carter solicitors. They told me they had spoken to Lowell and there was no way they would be able to set up a payment plan with me. and that the ppi claim was a completely separate issue. I asked them to record that I had offered a payment and they were refusing it. Again they told me this was due to the Lowell person not knowing where they were with the debt. They told me the only way to stop court action was to pay the balance in full within 6 months (impossible) I then called Lowell back as I was annoyed that they had told me wrongly that they could recall the debt and sort thing before court. I told them again that I am disputing at least some of this debt as I was miss sold ppi and that this was a key part of why we are in financial difficulties. I also offered them £50 a month towards the debt. The lady was very helpful and went away to talk to a supervisor. she was some time but when she returned she told me she had taken advice from her supervisor and that they were going to attempt to recall this debt (this is with full knowledge that a court claim has been made already) she told me although it was a small chance, there was a chance that they could recall it and the attempt would be made. How is it possible that the company who own this debt are saying they would sort this before court and yet the solicitors won’t entertain this? Also Is the claim pack meant to be actually signed? It is just printed Bryan carter in the declaration Thank you in advance for any advice Dave
  13. So i received a pre-court action letter off first great western. It was about not producing a valid ticket on the 23 of October. What happened was that i thought i forgot my weekly ticket which i usually leave in my wallet because there were inspectors waiting at the platform checking tickets, i got caught by them. I told them that i 'thought' i had my ticket on me and was willing to pay the fine and the inspector said it doesn't work like that. 'We have to take down your details first so the company can issue you one in 4-6weeks time' so then i gave them the details but later found my ticket in-between my math books. So i was wondering should i pay it? or appeal first? I was thinking about paying it then try to appeal it but it will probably be a endless cycle of referring to people, paper work and all the 'lets waste his time' stuff. The fine is £80.90 from a £3.40 ticket
  14. Hi, Since the beginning of 2013 I've been receiving letters from Marlin Capital regarding an old credit card from Egg. Following advice I sent them a CCA Request along with the fee of £1 in April. They received the letter in April (I sent it recorded) and cashed my cheque in April but failed to reply whatsoever. Months later, In September, I received a letter from Marlin stating that my name doesn't match the name on their records. I wrote back stating that I had changed my name at the beginning of the year (I put my new and old name on the letter on the CCA request) and that I will forward them the correct documentation to prove my name change when I've received it back because its currently residing with the DVLA but first it will have to go to other official sources because they also need the evidence of my name change. I mentioned that in the meantime, however, I would continue to reply to any documentation in my old name. In November I received a threatening letter from Marlin (in my old name) stating that if I did not pay they may begin court proceedings, I replied back that they have so far failed to supply me with my requested CCA. Today, I've just received the County Court forms that Marlin are taking me to court (in my old name). Can anyone please, please help? I'm panicking here and unsure what to do. Do I reply stating that I dispute the amount because I have no CCA? Or will that not be allowed because they couldn't send it in my old name until I proved my name change? I'd really appreciate any help..
  15. Please forgive me if in an inappropriate place but new to this. My husband owes income tax and although lives with me the tenancy is solely in my name and all goods in the house belong to me. A court rep attempted to serve papers and wanted me to take them, I refused and they said they would return. I have no idea of my rights regarding bailiffs etc and would really appreciate any advice, I'm worried sick at the moment
  16. Hello, I recently signed up to Legalcares 14 day free trial and thought it was ok to cancel through paypal like many people did. After the 14 days they sent me an email saying i hadnt cancelled and I now have a 12 month subscription with them. I replied to that email saying I did not want their service and to cancel the account immediately, however they said it was too late and began demanding the full 12 months payment in one transaction. They say I clicked the terms and conditions in which the proper method of cancellation is stated and they can claim all the money at once. It seems like an obvious trick now but I fell for it like many others. I did some research online and it seems there are many people in the same position and most say they would refuse to pay and to report them. I have reported them to the OFT but they have already passed my debt on to Daniel Silverman debt collection agency who have been ringing me constantly and have now sent me a final demand and I will be taken to court if I dont pay! Many people have told me they are just using scare tactics and it probably wont go that far but I am a little concerned. Can they actually take legal action and win? They must be doing it to hundreds of people. Can anyone give me some advice on what to do? I dont want to pay nearly £300 for nothing, has anyone else experienced the same situation? Thanks Craig
  17. Hi All, I 'm sure this has been posted previously but I cant seem to find any current advice - any help really appreciated I received a Parking Charge Notice from CPPlus for staying beyond the 2hr specified period in a MOTO service station earlier this year. I'm not sure if I followed the correct guidance but ignored all letters sent. Subsequently I started to receive letters from Debt Recovery Plus. At this point I sent a letter to Debt Recovery plus to ask them not to correspond with me as this item was in dispute. Today I have received a 'Letter before referral for legal action' and I'm wondering what I should do? I really dont want to be in a position to pay more than the currently requested £120 but equally dont want to pay the £120 anyway! Any advice would be really appreciated Many Thanks in advance
  18. Hi Received a letter from weightmans saying they have issued court proceedings against me. I have know about this for a few years and queried it at the time as we didn't owe it. Didn't hear anything until a couple of months ago. We didn't. Contact them and assumed they would bother someone else. After today's letter I checked my credit file and their entry looks odd (no history on account just default) Is this a normal entry? Any help please
  19. Hi all, I really need some urgent advice! I've had a letter from Bryan Carter Solicitors, dated 22/11/13. "we have been instructed by Fredrickson International Limited, on behalf of Lowell Financial Limited to issue court proceedings if payment of this debt is not received by us by that date". It relates to a Capital One credit card debt of approx. £450 I can't remember the date the card was taken out, but I've found an email saying I'd activated "Verified by Visa" for that card, back in Sep 2009, so I guess I would have applied for the card around Aug/Sep 2009. The last time I made a payment on the account was in 2011. I have other debts, totalling around £11'000. Just defaults, no bankrupty, CCJ's, DRO etc (yet!). Only the Capital One card above and a Barclays bank account (£2'200) have been purchased by Lowell, and they've said nothing about the Barclays account for some time, although I guess it's only a matter of time before it gets passed on to Bryan Carter? I know I signed a credit agreement, just can't remember when. I just checked my equifax credit report and it's not on there (but I know it was on one of the other ones, like experian). I'm a full-time mature student. I receive student finance and have no other income except child benefit and child tax credit. Too busy with the course to do a part time job. My wife owns a property in London (bought recently) and gets around £1000 per month (after expenses/mortgage from renting it out and managing another property which she doesn't own). She's in the process of registering with HMRC to pay tax on her earnings, but hasn't done so yet. I need to know what I can do? And more importantly, what can Bryan Carter do? I've heard that they can't take my wife's house or money as the debt is mine, but surely the courts will look at my wife's earnings as well as my own, in terms of assessing household income and what I can afford to pay? The reality is, our outgoings basically match the money coming in. If you discount my wife's earnings, then I don't even have enough money to support myself (ongoing dispute with student finance england, MP involved; I should be getting around £11'000 per year, but they've awarded me £3'700 for this year!) I'm studying in order to become a professional (the jobs I'm applying for will credit check all prospective employees), so I cannot afford to have any CCJ's or court actions against me! Defaults are bad enough. I do want and plan to pay everything off, ideally through income gained from doing internships throughout my course, so that by the time I graduate, I will have satisfied all the defaults on my credit file. However, I'm not eligible to do any such internships until the summer of 2015. So I need to keep the wolves from my door and avoid any legal action against me until after then! I've heard something about sending 3 letters to the DCA/Bryan Carter, but is that only for statute barred accounts, or for credit agreements taken out prior to 2007? Please advise what I should do, and thanks for reading!
  20. I am looking to sue someone [soletrader]. His website [where I found him originally] still gives a business address which I know to be no longer in use. I think I have his home address. So here's the question..... Should I issue court papers to the 'advertised known address' which will mean I will 100% be awarded judgement by default, and then seek to enforce the judgement against him wherever I can find him??? Or is the above strategy likely to be a waste since he may well claim 'never received the papers', which could [if successful] reset the whole process to the start?? In which case I need to confirm his home address and serve them there??
  21. Hi, my daughter needs some help and advice. Apologies in advance for the length of the post. She works as a care assistant in a home for mentally challenged young men. Two weeks ago there was an incident when she took one of the boys to his music lesson. Whilst at the lesson the boy did a poo in his pants which she had to deal with. To cut a long story short the music teacher complained to head office saying that my daughter had: a. had refused him food and drink before he attended his class b. refused to clean the boy up c. shouted at him d. left the loo door open for all to see e. called him a "walking disease" The first that my daughter knew that there was a problem was when she received a disciplinary letter with a copy of an unsigned/dated witness statement from the music teacher. The hearing had been arranged for the day following receipt of the letter. As it was my daughter had to postpone the meeting as it was early in the morning and she is currently suffering badly from morning sickness. When she rang on the morning to rearrange she did point out that she had intended to attend but they hadn't given her reasonable notice to prepare for the meeting/arrange for someone to attend with her. The Head Office response was basically "tough" we can arrange a disciplinary meeting whenever they want. When the letter for the rearranged meeting arrived the charge had been increased to gross misconduct. When my daughter spoke to her manager she said that they had increased the charge because she hadn't attended the first meeting. Surely they can't do this can they? At the meeting my daughter asked why the charge was now gross conduct and they said they had been advised by their employment consultants. So which is the right version? Anyway she explained what had actually happened and how the allegations against her weren't true and how the statement contradicted itself. She also pointed out that there were no safety gloves available which contravened the companies infection control policy. Interestingly the same thing happened the following day when the boy went to college (different care assistant) and he had to be taken back to the home for cleaning up. As a result of these two incidents whenever the boy now goes out the carer takes gloves and a spare set of clothes. Anyway, fast forward and she received a letter to day issuing her a final written warning stating the following reasons: a. she broke the companies care standards by shouting at the boy, him losing his dignity etc b. how she should have taken safety gloves/spare clothes with her, even though there is no mention of this in his care plan and no other carer had in the past. In fact the care plan has still not been updated since the incidents My daughter feels that she has been unfairly treated and is going to appeal. The points she wants to raise are: a. How the disciplinary charge was "grossed up" unfairly b. how they haven't taken into account about how she explained how she dealt/spoke to the boy and they are taking the side of a witness who isn't trained in how to care for the boys and whose evident can't be collaborated c. the company failed to provide correct infection control facilities and how her manager should have advised her if a special arrangements should have followed Incidentally she never received or was directed to the current disciplinary procedures when she joined the company over 2 years ago, the reason cited was that they were updating the staff handbook. The first time she had seen the procedures was when they were included in the SECOND letter. Also she has an exemplary disciplinary track record and hasn't had any warnings of any sort before. Sorry for the length of the post, any help/advice should be gratefully appreciated
  22. I need some advice. I am dealing with a small estate. There are two executors and the two executors share the estate. There is still money to be collected before the estate can be settled but the other beneficiary is getting impatient and raised a writ for her half. I have responded to the writ and there have been a couple of adjustments. There was an Options Hearing a few weeks ago and the other side asked for a continuance. I did not agree and stated that I wanted to proceed there and then. The Sheriff looked at the paperwork and noted that I had submitted a note in support of my preliminary plea. However, there was no preliminary plea in the "record" therfore the Sheriff could not entertain any plea from me. My case would have failed therefore he suggested that I accept a continuance for four weeks to sort it out. I forwarded my preliminary plea again to the pursuer's solicitor and expected them to update the "record" so that when we meet again the Sheriff can consider my preliminary plea. However, I received, yesterday, a MOTION asking for:- 1. to grant a decree against the defender for half the estate; 2. to find the defender liable for expenses, and 3. Quad ulta to dismiss the craves of the writ I suspect that the pursuer is not going to include my provisional plea therefore the advice I need is - How do I ensure that my preliminary plea is included in the record, or maybe the question is - How do I lodge my preliminary plea so as to ensure that the Sheriff takes it into consideration?
  23. Well today I have received a letter from DWP, claiming that I owe over 6k pounds. They also said not to ignore the letter. If I cannot pay off the amount still I need to contact them and arrange a payment agreement. They also threated me saying I don't they will eiter pass this to debt collection agency or recover from my employer and this will affect my credit scoring. They also said they conted me before but as far as I know I claimed JSA back in 2008 for several weeks as I was made redundant so to keep my NI contribution I claimed JSA and after about 3 to 4 weeks later I found a job so infomed DWP and stopped JSA. I would be grateful if you could please confirm whether they have the power to recover the sum from my current employer. Thanks very much for your attention. Kind regards Monmoy
  24. Around three years ago my non priority debts started to get unmanageable, it seemed they would never go down as I couldn't afford to make large enough payments so was mainly paying interest. I had debts spread over credit cards and a bank loan all in totaling around £17k. I work as a Hospital assistant and was then on £16k pa. I decided to seek help through Payplan an IVA company (who ended up making money out of me and i was left no better after a year owing practically the same amount) and they accepted to take me on and I started paying monthly amounts through them to settle my creditors. After about a year I fell pregnant had my baby and had 9 months maternity leave and have gone back to work 2 days a week. Through the maternity leave Payplan agreed 2 payment holiday which i gladly took, i warned them I wasn't sure how I was going to start making the payments again at the same amount that I had been . Reducing the monthly amount was not an option to Payplan and they failed my IVA. I collated all of the creditors address and my old account numbers and decided to contact them direct with a view to asking them to write off the debt. I gave details of my income and expenditure, explained I have no assets to be called upon and that I never intended to not pay back what I owed, and that's the reason I approached an IVA company in the first place, I thought that promptly replying to every letter the creditors and now solicitors sent would put me in good stead, but thats not the case, every letter I reply to with a letter asking for them to consider writing off the amount owed is ignored and they are demanding payment. I have even offered a nominal amount of £5.00 a month on the basais they could continue to frezze interest and I could pay that until I'm in a better financial position to make larger payments. This has been ignored as well. I have now received a letter for one debt of around £550 from Dydens fairfax Solicitors, telling me that If i dont settle in full in one week they have authority to commence legal proceedings and that i may be liable for court costs and that i should not underestimate the seriousness of this letter. I am so worried, I don't know what to do, I live with my boyfriend who has his own debts to pay, hes a homeowner and pays all the mortgage and all bills, all my debts were incurred before I met him so I don't thing he will be liable will he?. I contribute about a 1/4 of what he pays out in outgoings towards the upkeep of the house. I have literally no money to pay them back, My boyfriend said he would help out towards paying the £600 odd it costs for a bankruptcy. Is bankruptcy a route I should go down in this case? and what are the implications of this? Looking forward to hearing your views. Thanks
  25. Not sure if this is the appropriate forum, but here goes. I dissolved my Ltd company back in October 2011 through Companies House. Had no outstanding debt through the business (or so I thought) so it all went through without any problems. Last week, I received a final invoice from my accountants for services up to dissolution. The invoice is to me personally. Am I liable for this debt? I've checked the agreement between my company and the accountants and as far as I can see there is nothing in there that transfers any liability to me. Are they trying to pull a fast one? Note: My understanding is that Directors of a company are shielded from these types of scenarios unless a personal guarantee is signed. Is that assumption correct? Any help would be much appreciated...
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