Hi Everyone, I was dismissed from work due to illness 2.5 months ago, and need to file my ET1 form by the 10 July. I was trying to get representation but all avenues failed due to lack of funding, or resorces at law centres. I have written the POC could some just check through and give me some advice on them. Thanks in advance. _________________________________________________________________________ IN THE ManchesterEmployment Tribunal BETWEEN: xxxxxx Applicant - and - xxxxx Respondent ------------------------------------------------- Particulars of Claim ET1 Section 6.2 ------------------------------------------------- BACKGROUND 1 The applicant was employed as a xxxx on the10 February 2010. 2 The role is an apprenticeship style trainingprogramme involving work on the company’s vessels with college phases toachieve a foundation degree in nautical science and certificate of competencyas a navigational deck officer. The phases of work and study are as follows: a) Phase1: Initial college period. b) Phase2: First Sea Phase c) Phase3: Second college period. d) Phase4: Second Sea Phase. e) Phase5: Final College Phase. 3 The cadetship pays a training salary duringthe phases, the salaries are as follows: a) Year1: XXXXX b) Year2: XXXXX c) Year3: XXXXX During college phases there is also a housingallowance of XXXXX, excluding college holiday periods. 4 Leave is earned during the sea phases at aratio of 3:1, with trips on board the vessels usually lasting 9 weeks. 5 The first trip on board the ‘XXXXX’ lasted 10weeks, where there were no problems. 6 The second trip was on the ‘XXXXX’ thiscommenced on the 11 November 2010 during the first few days the applicant fellill and instructed the captain he wished to leave. The applicant left thevessel on 16 November 2010. 7 On returning home the applicant visited thedoctor and was signed as unfit for work due to anxiety. 8 The company was informed and the applicantcontinued to remain off sick until 06 January 2011. After speaking with thecompanies training supervisor, XXXXX, the applicant returned to work on the ‘XXXXX.The trip was short due to a holiday booked prior to being ill and ended on 15January 2011. 9 After going on holiday, the applicantreturned to work on the ‘XXXXX the trip was from 07 February 2011 until 21February 2011. This short trip was due to returning for the second collegephase. 10 The second college phase was completedsuccessfully. 11 The applicant commenced the second sea phase,and returned to the ‘XXXXX on 21 December 2011. 12 During this trip the applicant again fellill, and informed the captain. The captain suggested continuing and monitoredthe situation. 13 After a few more the days the applicant decidedthat he wasn’t fit, and requested to leave. The applicant left the vessel onthe 7 January 2012. 14 On return the applicant visited the doctor,and was signed off with depression. In addition the applicant’s mother wasdiagnosed with cancer for the second time, which added considerable strain onthe applicant’s condition. 15 The applicant continued to send doctors notesto the company, and responded to the company’s questions and phone calls. 16 Around the 4 April 2012 the applicant receiveda phone call from the companies training supervisor, asking him to attend ameeting to discuss “returning to work” at XXXXX 17 The applicant agreed to attend. 18 This was followed by a letter, dated 28 March2012, and a rail warrant to cover expenses to the office. The meeting wasscheduled for the 11 April 2012. The Meeting 19 On the 11 April 2012, the applicant attendeda meeting at XXXXX, in attendance at the meeting was: The applicant; XXXXX; andXXXXX. Both of XXXXX. 20 XXXXX opened the meeting by explaining thatthe purpose of the meeting is to discuss the current sickness situation, and tofind a way in moving forward to resolve it. 21 The meeting then continued to discuss theevents during the trips at sea. This lasted approximately 10 minutes. 22 XXXXX then continued to outline that to beeligible to sit the final oral examination the cadet is required to have 12months sea time, and in his opinion the applicant could not complete this toremain in-line with the other cadets at the same time. He then stated that thiswas in breach of the training agreement and that the contract is null and void.And asked how the applicant felt about that out. 23 The applicant indicated he wasn’t happy aboutthat as it is something he wanted to complete. 24 XXXXX then continued to say that he doesn’t believethat the sea time can be completed with the current confines of the illness. Hethen went on to discuss the leave period and that the applicant was in negativeleave of 29 days; and that couldn’t be recovered with the sea time. 25 The applicant then went on to discuss hissituation and discussions with his doctor. He explained that the doctor had puthim on citalopram and was monitoring the situation. And that the applicant haddiscussed returning to work with his doctor and that the doctor would preferthat the trips be shorter, around 1 month, to manage the situation. 26 XXXXX explained that the leave ration wouldthe only allow for 1 weeks holiday, which XXXXX confirmed and stated that hebelieve this would be too intense for the applicant to do. 27 The meeting then returned to the events onthe first illness on the MV Clyde fisher. 28 XXXXX then returned the meeting to fact thathe believes that the applicant could not complete the required sea time in theconfines of the training agreement. 29 XXXXX then went on to discuss that there were2 options as far as he could see. a) The companyterminates the employment, which doesn’t look good going forward; and that theywould seek the negative leave. b) Chooseto leave, and the company cannot recover the outstanding leave. 30 The applicant decided that he didn’t want toterminate his employment. 31 They stated that they were unhappy with thelack of communication with the company. 32 The applicant explained that he responded toall correspondence from the company. 33 XXXXX then went on to explain that theapplicant should consider resigning. 34 XXXXX and XXXXX left the meeting to discussthe matter and look at the training agreement. The applicant asked if theycould provide a copy of the training agreement. 35 Upon returning XXXXX provided a copy theagreement. 36 The meeting went on to discuss the conditionsof the contract. Detailed below: a) Absenteeism:XXXXX concluded that he believed that the applicant had not breached this section. b) Terminationof Cadet Agreement – illness or injury: XXXXX stated he believed this had beenbreached. c) Inaddition it was again stated that the applicant couldn’t complete the sea timeunder the agreement, and was a breach under “Sea Service Phases”. d) Theapplicant disagreed under the heading “Expiry of the cadet agreement”. Whichthe applicant believed terminated the agreement when the final day wasphysically attended, and that the sea phase would be extended until therequired sea time was completed. e) XXXXXdismissed this on the grounds that he believed that sea phase expired when theentire intake were due back in October. 37 XXXXX then explained that his only option wasto recommend to the employer that the agreement be terminated. 38 The applicant acknowledged XXXXX decision,and explained that it was out of his control and that his intention was tocomplete the course. 39 The applicant explained that the last time XXXXXlast visited college, it was discussed that due to the first period of illnessthat the period to get the required sea time was limited, and that it may berequired of the cadet to delay returning to college to achieve the 12 months(Back Phasing). The applicant suggestedthat he would complete 10 week trips with less leave to try and prevent this. 40 The applicant requested that the option toback phase be made available in an attempt to resolve the matter. 41 The conclusion was that the company were notwilling to do this. XXXXX explained there were a large number of applications,and he would prefer to offer the position to new applicants. 42 The meeting then discussed a conversationthat the applicant had with a lecturer at the college. In which it wasexplained that the applicant had discussed the options available to him in theevent that he decided to leave the training programme. 43 XXXXX then concluded the meeting that hewould recommend to the employer that the contract be terminated, and that theemployer may require another meeting, or they may just terminated theemployment, and seek redress of the 29 days negative leave. Following the meeting 44 A letter was received on 14 April 2012 fromthe employer, XXXXX. The letter explained that the agreement would beterminated immediately and explained the reasons. The letter allowed the rightof appeal. 45 An appeal letter was sent dated the 19 April2012, and was first class recorded post. 46 The letter was received on the 24 April 2012. 47 A response was received on a letter dated 27April 2012, stating the appeal had arrived too late, and would not beconsidered. Unfair Dismissal 48 The applicant claims that he was unfairlydismissed and that the employers acted unreasonably when dealing with the matter.; The applicant claims, 49 The employer failed to follow procedures and ACASguidelines. 50 The employer failed to provide any warnings,verbal or written. 51 The employer failed to advise himsufficiently of the company’s grievance and that it was unfair to suggest themeeting was to discuss returning to work. 52 The applicant was unaware the meeting couldresult in dismissal; and was therefore unable to prepare adequately. 53 The employer failed to consult adequatelywith the employee regard the long-term sickness. 54 The employer failed to investigate the illnesssufficiently either by way of obtaining a medical report or otherwise. 55 The employer failed to provide any noticeperiod. 56 The employer failed to deal with the appealadequately. a) Thetermination letter took 3 days to arrive. b) Theappeal letter was sent 5 days later. c) Theappeal letter took 5 days to arrive in Guernsey. Thereforeeven if the appeal had been sent on the day it was received it would never hadarrived within the specified time limit of 7 days from the date of the letter. 57 Theemployer failed to make reasonable adjustments.

Hello, This is a very useful forum and I'm hoping someone can help me. My issue is as follows: I saw a wedding venue that I liked and was offered a good price; I was told that this discounted cost would not be offered after that meeting so I gave the proprietor £50 as a sort of holding fee - this was simply to show my active interest in the venue and to gain priority over other customers if I decided to book. I never at any stage considered the £50 as a 'booking'. Nothing was signed, no terms & conditions were discussed, and no mention was made of the company's cancellation charges. A few days later I received a contract and an invoice in the post with a Booking Form attached to it; in the contract the £50 was referred to as a "deposit" (I never considered it as one). In the invoice they stated, "Please copy and return the booking form to us within 7 days. In the event that we have not received a signed copy of the booking form by the due date, your reservation may be released from our diaries". At this stage the wedding date had changed I had found a better venue so I called and told them I was no longer interested. It's been two months since this happened. The venue have now contacted me asking me to pay the balance. I informed them that I had called a few months before and told them that I wasn't interested, but they claim that since I did not communicate this in writing, and it is now less than three months before the wedding, I have to pay a cancellation fee of 75% of the full balance (this amounts to over £6000) for cancelling the "booking" at this stage. Their solicitors have additionally contacted me asking me to pay within 7 days or they will take court action. I am contesting this on the following points: I did not at any stage book the venue. The £50 was not a deposit, it was a holding fee to show interest since we were pressured into believing that the price would go up if we called back in future. They referred to it as a deposit. Nothing was signed and I was not made aware of any cancellation charges or that I would need to communicate my disinterest in writing. I was not told anything when I cancelled on the phone either, which is an error of miscommunication on their part. If I had known these things when I called them 6 months before the wedding, and had submitted a written response accordingly, then I would not be liable to pay any charges since this would not have fallen within the company's 'less than 3 months cancellation charge' criteria. Despite the above, I would like your valued input on the following: Does the company have any legal claim against me in the above situation? Is there anything else I can add in response to their solicitors regarding the viability of my claims against those of the company? Any help would be greatly appreciated! Thank you

Hi , So I posted my tax credits annual review 6 weeks ago and I have not had any replies. Not had any change in circumstances although my income has slightly increased. I have heard so many horror stories regarding tax credits complience officers doing checks on claims and I am wondering if this is why mine is taking so long, never had to wait this long before. However I was wondering of they would have sent me a letter to state the possibly needed more info if this was the case. Please help as the deadline is approaching and I dread going to the bank every week incase there is no money there. Thanks

Advice would be greatly appreciated. I have a credit card debt with Lloyds TSB, which I defaulted on in 2008. I have not made a payment since that date. My personal survival budget is ambitious but I have fought off two repossessions and managed to maintain payments for the last four years. I was hoping that Lloyds TSB would eventually write this debt off, however they sold it to Hillesden Securities and they have now commenced legal action and issued a claim through Northampton CC. Im 2 years off having a clear credit file and a CCJ would devastate me. On saying that I only have £4 disposable income. I have just received support from CCCS who have confirmed my budget. My elderly father, who is not wealthy, has offered to lend me some money to pay this debt. I want to negotiate the debt. I dont know how to do this correcty and legally. I want to offer 50% inf full and final settlement plus I will meet the costs of the court fee and solicitor? The alternative if they take me to court is that they receive a token payment per month of £4.00 for the foreseable future - at least two years before I can remortgage. Therefore this seems like a better deal for them! Am I being naive and ambitious here and if not what is the best way to approach this? Netty

Hi, am new on here and looking for some advice please. Am posting on behalf of my partner who had an agreement with a debt company called Marstons. He had been dealing with a particularly unpleasant "lady" and paying off his debt, and had given her his bank card details for her to take payment. He was due to make a payment in July, but had called and explained that we had to go away on family business and would be back on a certain date and asked her if he could call her or her call him on this date so he could make payment then. She was quite agreeable to this and we thought that was that until we discovered whilst we were away that she had seen fit to take a payment out using his card details! He called her and the company and was told that she was well within her rights and it left him in a bad financial situation as he had believed she wouldnt do this. The "lady" and her company have basically put up brick wall saying that they are within their rights, and we dont know whether or not it is legal for them to actually do this without his permission. He has now had to close down his bank account and re-open a new one as she has his details and he is not happy!! Would really appreciate some advice on whether they have broken the law or not and if so, then what we should do.

Help guys Car was brought from Carcraft in Feb, due to issues with Bank the June payment was missed and within a week a default notice issued (Only payment missed) I called and explained there were issues and I would make a payment. However I bank with Natwest and for obvious reasons the credits I was expecting did not arrive so a second DD bounced. This was last week. About 10 mins ago three people turned up, pushed my car from the private driveway and towed it away. I said it was on private property and that I did not think they could do that. They said they could do what they want. Spoke to Advantage and they said they did not care how their represenatives acted as long as they get the car. Was I right, was it illegal and anyone have any advice please Car was taken from Driveway No Paperwork left No Consent given No Keys given Finance is in Mrs Venom name and she was not here No Notice of Termination

My local council has served a bankruptcy petition against me for a business rate debt of a limited company i used to run, which has since been wound up by companies house for not filling annual return. How do I defend against this. I f they are successful I will loose my job, home and everthing

well this really takes the biscuit .. in april of this year my son had a new electric meter fitted by edf. . today 17th july 2012. .. edf turned up at my sons house with the police and a court warrent to search his home as edf said he was not using enough eletric.. . it turned out that edf had not updated their files when the new meter was put in. the police searched the hole house. the bloke from edf went to the new meter. in total they were their for 30 minuets on leaving the police said sorry. my son is on benifits due to his knee disabilities. and funds are limited. they only use what they need on their electric. whioch is about 20 to 30 pounds a week.. my son is really mad with edf. can they do this. and what action can my son take against edf for the folse claim because edf couldnt do their paper work properly

Hi all, Please can you help me. Briefly, we took out a car loan in September 2008 with Black horse, never missed a payment until January this year, which was due to my hubby having a serious accident at work and being on crappy sick pay for 4 months. The monthly payments are £291.06 a month. During this period we wrote to black horse several times informing them of our situation and explaining that we couldnt afford the monthly payments but could pay something towards it but not the full amount. They never responded.....until April when they sent a letter informing us that we are 4 months behind with our payments. We sent a letter back stating the previous letters and offered to pay £100 extra on top of the monthly sum to clear the arrears. Never got anything back. During all this in March we made a payment of £291 (as we could afford to at the time). In June we received a letter stating that we have failed to comply with the default notice and that it appears that we no longer intend to comply with the agreement (we never received a default notice). It goes on about having to get a court order as we have paid more than 1/3rd of agreement. Last week we received a claim form from the court "return of goods hearing". I am now panicking on what to do...we want to keep this car for many reasons and are willing to pay the monthly payments plus an extra £100 on top. What do we do to ensure that we can keep this car, any suggestions would be gratefully received. I have to fill in an Admission form, again this is complicated because on my statement from Blackhorse (included in letter terminating our agreement) it states arrears as of 22nd June £2212.72 + £4091.35 (liability adjustment) = £6304.47, wheras on court claim form they have added another £517.25 for accrued late payment interest and fees. However in my statement it clearly states late payment int collection activity fees......are they just adding on another £500 for the fun of it or can they do this as it doesnt make sense. I dont know whether to admit the whole claim on that basis or not as i dont see how they can add another 500 odd onto it. Also can i write a letter with the response explaining why we went in arrrears etc and why we need to keep the car...will the judge take this into consideration. Someone please help thank you xx

Hi, I am new here and couldn't find how to post to the specific debt forum so I may be in the wrong place here. I have just had a debt collector on my doorstep demanding to see my daughter (she doesn't live with me but is visiting for a few weeks) Around 5 years ago she was contacted by a housing association saying she was in debt to them for rent arrears, which she wasn't as she at that stage was pregnant and claiming benefits. But her 16 year old sister was living in the flat at the time going to school (Its all very complicated, sorry) It seems the housing association was charging the younger sister rent even though she wasn't earning and was in education. My eldest daughter never acknowledged this debt as she didn't feel she owed it. And has never had direct contact about it, ei, didn't reply to letters or answer calls. The debt seems to have been passed to Lewis Group. I have read here on the forum about letter templates which can be sent to the company to stop doorstep calls. My question is, if she sends one of these letters to the Lewis Group, is that considered contact? And therefore would the six years start up again? Sorry that was so long. Thanks in advance to anyone who mat be able to advise me.

last november got caught driving in a bus lane and got a bill to pay which i appealed against..following satnav strange town bad weather which got refused being on benefits unable to make payment equita certified bailiffs then involved by post agreed £15 week payment which i said at the time i couldnt manage but had no other options bailiff called other day, put sticker on my car which is a motability vehicle, i didnt read the sticker as he later removed it before i did he want £379.84 by monday 4pm as he said he will remove car and goods to the value of debt he gave me a letter saying final notice delivered by hand i called at your home today to execute a warrant issued by northampton county court £379.84 i am authorised by the court under the enforcement of road traffic debts certified baliffs regs 1993 amendements 2003 to remove your vehicle household effects to satisfy your unpaid penalty charge notie due to bath ad north east somerset council if you fail to contact mme withing 24 hours i will have no alternative but to reattend your property at any hour of the day or night to impound your vehicle/remove goods this will result in substantial extra costs of at least £140 being payable to avoid any further action bailiff cost please contact my mobile etc he said he hadnt put a clamp on car but had already put sticker on before he knocked on door. i didnt let him in and remained at door with door closed i rang council and they said get a financial statement from cab which i cant get before monday and they wont halt action in meantime rang bailiff and he said all i can do is pay and appeal later income from incapacity benefit for self income support for self partner dla for self and partner ctc fam allowance for sun partner is a vunerable adult due to mental health problems do i have any rights is there anything i can do i have mentioned mental health of partner to council and bailiff and that it would be upsetting for partner and bad for his health but council said it would only consider my health not my partners and bailiff said all he can suggest is to pay it.... help please

Hi Guys, I am hoping someone can help me please!! I got a PCN a while ago and I didn't pay it and I thought it was unfairly issued. I had a pay and display tcket that must have blown onto the floor when I slammed the door of my car. I contacted the council about it but didnt get a response. I forgot about it. I got a hand delivered bailiff note through the door this am. It said they would be removing goods within 24 hours unless I pay £225.04. We found this letter in an unsealed envelope in the porch at 8.30. I rang the bailiff and told him I was a bit confused about it and would ring him that afternoon he said fine. I also asked him if he knocked when he delivered the letter, he said he had. I asked about the visit as I was unaware that it had been sent to a bailiff. He said they wrote to me on the 30th May asking me to pay the fine. I definatly never got any letter to that effect. I called the council and they said that the warrant issued was for £82. At this point I rang the bailiff back to ask about the fees that had been applied. He said for a full break down I needed to pay first. I told him I wont pay for something that hasn't been explained to me. He told me a visit charge had been applied of £42 and a 'van' fee of £96. I asked what time he called that morning and he said between 6 and 6.30am. I questioned the 'van' fee and he said that it is a standard charge and no avoiding it. I was confused as it was the first visit, asking for payment in full with a threat to remove goods the FOLLOWING day so why has the van fee been applied? He said it was a standard set by the council. He is supposed to be coming tomorrow to take goods even in my absence. I have applied for a 'out of time witness statement' but that hadn't been processed by 5pm when the council closed. He came at 6am this morning, I dont want him him showing up in the morning before I can contact the traffic enforment centre. What shall I do? Is he allowed to creep down my path at 6am and add a van charge on the first visit? Is he allowed to add £142 charges to £82 fine? If anyone can help I will be most grateful! I want to be ready for him! Thanks Karen

Hi guys, this is my first post. But i have recently just recieved a letter from iqor demanding i pay them money as paypal personal have passed on my debt with instructions to recover this debt. This is taking the **** as i owe them nothing, first of all i have not even recieved a phone call only a letter from iqor. Secondly my paypal account had been hacked i told paypal this, somebody had $250 transferred to my paypal account then sent it elsewhere, are paypal retarded ? I told them you have access to this other account to and simply take it back from there, but i got no response just numerous emails to repay it WTF ?. Now i have a letter from iqor, should i send them the CCA letter or what else can i do? please help

hello my civil partner has a history of cancer, lymphoedema (severe swelling in legs and abdomen) caused by radiation treatment and surgery to her leg where a very large tumour was removed from her leg, her abductor muscle cut and femoral artery subdivided. This causes severe mobility issues, and a need for care full time as well as domestic and personal care. My civil partner has claimed income based ESA since 2009, she was in the support group after first medical, put in the wrag after second medical and then started at uni from 2011-2012 to top up her HND to a degree. For this she went onto contributions based ESA, and had student funding. She has had a learning support assistant to support her whilst at uni, and me to support her needs while at home. During March she found another lump which was diagnosed as a secondary malignant tumour on her back (it was a more agressive tumour than the one she had in her leg in 2008) and we sent a letter to ESA/DWP asking for a supersession request, due to her illness, treatment and surgery. with all medical evidence from her oncologist/orthopaedic surgeon. At the end of April this year her contribtions ran out and her ESA ended. We were still awaiting to hear re the appeal, so I popped into the local job centre who advised she should have been receiving income based ESA after her contribtions with ESA ran out. So we filled out a change of circumstances form and sent it off. on the 28th of May they sent a letter explaining they couldnt pay ESA until 26th of june when her uni course officially ended even though she did not complete due to medical reasons due to what she was going through with cancer recurrance, tests, surgery, in patient for 2 weeks etc. They wrote and said she would be entitled to £160 a week from 26th of june as income related esa, I called and queried it and asked them how they calculated it as I still receive my nursing bursary of £6701 (as i am in wales!) and they said send a letter and evidence which I did almost 2 weeks ago. We are a couple and have sent proof of our Civil Partnership to them many times, yet do not want the couple rate as I have my nursing bursary and were told it would be single person rate plus WRAG plus Disabled premium. Called them chasing it 3 times today...first call back left message on voicemail to call them back, I did and the person who left the message had not written any notes as to her voicemail so I requested another call back. She called me back and then when I advised that £6701 and DLA was our only income she said we wuold only be entitled to NI tax credits as my income (bursary) was above the threshold allowed. I asked her to check this...she put me on mute (not hold) and asked others in the call centre how to do/calculate it! or work it out I kept saying hello and then she said a few times "oh she has gone" even though I was still at the end of the phone!!! When I tried to call back for the third time I was told, oh they went at 5! hence at 4.55 why I could hear her but her not hear me??? strange!!! So my question is, our only income is my nursing bursary of £6701 I am not entitled to student loan or any other finance as I am in Wales. My partners only income is DLA and we have a car out of the mobility component that is adapted to her needs. Have they calculated it wrong? What could she or should she be entitled to and why? As surely they do not expect her to live on £30something a week and just my nursing bursary and her DLA. We do not get housing benefit and just 25% off council tax as I am a full time student. Please help as seem to be getting nowhere with ESA and it is stressing the both of us out so much!!!!

Hello all, I'm hoping someone can give me some advice / help, I found out that I have a CCJ a while back and recently started the process of getting it set aside. The hearing is to take place next Thursday at my local court; the Original Debt was with MBNA credit cards. This was taken out in 2000 and I defaulted when I became unemployed in 2005 this was then taken over by Wescot Credit Services. I had payment protection but was self employed so it did not cover apparently (I am about to start a PPI claim as well for this protection) The amount is around £2000. I made some payments to wescots agent MIL Collections of £5 a month but I have at the insistence of my girlfriend asked for proof of this debt from them, stopped payments with them while they proved I had a debt with them and they have stopped chasing for this debt. I received a letter yesterday from a litigation manager who works for Wescot. He has done a witness statement with 12 points he is refuting why I should have the CCJ set aside. He has CC the court apparently. The letter does seem to be a template letter as it refers to me as a she a couple of times and other weird mistakes. The CCJ was sent to my old address early 2008 but I had moved from that address 9 months earlier, I have no recollection of having contact with them during this time and thought I had contacted everyone before I had moved. I need help on if this is a scare tactic or if I have no grounds now etc. The 12 points are: 1: he states he can act on behalf of the claimant – no problem there 2: he states he has access to the claimants file of documents and computerised case management system – no problem there 3: He confirms the amount of the claim around 2k was assigned by MBNA to wescot in Jan of 2005 4: He confirms that the sum claimed relates to a MBNA credit card taken out in 2000, he confirms the credit card number and that it defaulted in 2004. He includes a computerized case management system printout – this is Wescots own system and nothing contains my signature or agreement with MBNA etc 5:He confirms that it went to Northampton county court bulk centre as a regular judgment 6: He states that claim form and judgment was served to my old address, he states the address. He states that in accordance with CPR 6.9 (2) were served to my usual or last known residence. He states I have given no supporting evidence that I have left the address and that I had not advised Wescot that I had left the address – As I was not in contact with them during this time I was not aware I had to inform them I had moved. I have proof of payment slips from my new job 80 miles away from my od address and also for my new tenancy agreement. 7: He states that I made payments to a external agency “Fredricksons” even though I had been making payments to MIL Collections. He has attached print outs of there system showing me making payments to external agency. 8: He states as I was making payment I acknowledge liability 9: He states under CPR13.3 (2) I needed to act promptly. He states as Wescot had entered judgment in 2008 and I did not start the process to get it set aside when I found out in April of this year that my application is a clear abuse of process. 10: He states that I had not provided evidence in support of my application, he then quotes a case of ICI chemical vs V TTE training ltd. Where he highlights that “a case should not proceed to trial on the basis that some further evidence may materialize in the future” - when I spoke to Northampton to check what I needed they said that I should gather my proof of why it should be set aside and bring it to the court hearing, was this bad advice? Do I need to send Wescot and the court a copy of my proof? I only have a few days till the court hearing. 11: He states that I need to have real prospect of successfully defending the claim. - I have asked MIL collections – wescots agent for proof that I owe this debt and they have no responded. 12: He states that a court should order that the claimant receives their costs when the court sets aside a regular judgment - not sure what he is getting at here. So if anyone can give me some advice as to if I need to send of my proofs etc before the court case next week and to who etc? Concerned person

hi guys today 26/06/2012 i got a doorstep visit from rossendales, the guy gave me a letter for my son .inside the envolpoe there are two letters non are dated. magistrates liability order/warrant of execution dated 26/03/2010 for then no boxes ticked. call blah blah to make imediate payment. failure to make contact may result in this matter being passed back to our client for consideration to apply for COMMITTAL TO PRISON . YOU MUST CALL BLAH BLH TO MAKE ARRANGEMENTS. it also states balliff in charge mr xxxxx. letter two states FINAL NOTICE same as above balance due in full 24 hours £ --- ------Inclusive of costs ,note there is no figure in the balance in full. IMUST GIVE YOU 24 HOURS STATUATORY NOTICE OF MY INTENTIONS TO RECALL AND REMOVE YOUR EFFECTS, SUFFICENT TO SATISFY THE DEBTS AND COSTS. TO KEEP COSTS TO AMINUM I ASK THAT YOU CONTACT ME TO ARRANGE A TIME SUITABLE FOR US TO BE ALLOWED ACCESS TO YOUR PREMISES. IF PAYMENT IN FULL IS NOT MADE WITHIN 24 HOURS FUTHER COSTS MAY INCUR . My son lives with me doesnt have a lot of possesions , are they allowed in my house , even though he has the debt . what can i do to help

I had problems with my council tax last year where they basically didnt bill me. They have now gained an attachment of earnings order on my salary for 2 different bills. This means that today they garnished about 34% of my money and have left me in the preverbial (sp sorry!). My question is, whilst I understand that it needs to be paid, I need to be able to afford to live and feed my kids - can I do anything about getting this amount reduced as quite literally after bills, I have minus £50 for food, gas and electric!!!

This is a public posting with a request to ALL Swift Advances plc or Swift 1st Account holders who have received documents during the past 10 yrs or so apparently written by and signed by a Mr Mark White. Particularly so if litigation has taken place, but not exclusive to. This is a copy of the signature which the company has said is his: [ATTACH=CONFIG]35879[/ATTACH] I have documents which have been signed by people other than with the above signature and I would like to ask everyone who has received any kind of documentation, especially Witness Statements where he has verified them as Statements of Truth, but letters too where the signature appears distinctly different to the one above to please contact me by pm as soon as possible. This is very Urgent Thank you. A1

My daughter has gotten into arrears with her council rent, And has a court order to move out, she has appealed the decission and has to go to court on monday 18th june, But now her solicitor has pulled out, She was told due to ilness, She is now facing having to go to court on her own without legal support.She has been paying lump sums to pay off the arrears, before the court date the arrears should be nearly paid up, as her husband has been working overtime. Is it possible to get the courts to move the date of the hearing untill she gets legal help. In case she cant find a solicitor in time. she has 2 children Thankyou.

Hi I have had great advice the whole way through this employment ordeal from lots of different members, so thanks. But i have one urgent question that if someone could point me in the rightdirection would be great. I have my industrial tribuneral tmrw... got a call in the monring of the acas lady i have been liasing with, and she was phoning to check i had not forgotton and was ready for court tmrw (well today now Thursday 31st May). Later on in the evening i got a call (that i did not take) that was from the 'legal courts' saying that there was no available court rooms/ space so that the hearing was cancelled until furthur notice. Upon getting home, i think this 2nd phone call could infact be the person i am taking to the tribuneral, getting a friend to call to say its cancelled so i do not show So i am in utter panic now, where do i need to look for a list of hearings? The hearing is in the morning, so i would need to start travelling before any of the contact numbers i have are 'open' - so im franticly trying to see hearing details Any ideas?

Hi, First off, would like to say thank you for any replies I receive. I've fallen on hard times lately, lost my job, split up from wife etc so here goes.....just popped in to a mcdonalds to write this. I took out a payday loan with the money shop, first one was for £200 and the second for £250. I then lost my job 2 weeks later and had to sign on to JSA. Myself and my wife decided to split and I'm now living in an unfurnished flat and sleeping on the floor as I have no furniture etc. I also put in for a Community Social Grant so i could purchase a bed, couch, fridge and the bare living essentials as im eating pot noodles at the moment. I have worked for the last 20 years off my life and have never signed on once and have always paid into the system. I'm told I will receive my first JSA fortnight payment on the 16th May, I'm excited as I've had no money for nearly a week now. I go to the bank and there is £20 left in my account. 4 Payments had been taken out by the Money Shop which i knew nothing about 1 x £50 3 x £25 I was left with £20 for 2 weeks so had to apply for a crisis loan of which i received £83.41. I'm petrified as to whether the money shop will take my next JSA payment which is due on the 30th May. I still dont have any furniture, still sleeping on the floor and still chasing up the Community Social Grant. Today I received great news, I can afford a bed for my little girl when she stays over, a fridge, couch, towels, toaster etc I was getting a payment of £563.44 I went to the bank and 2 more payments had been taken out by the Money Shop!!!! 1 x £212.50 1 x £25.00 I've read parts of your forums and decided to phone the natwest up informing them that i would report this as theft and I didnt authosie the Money Shop to take payments!! They have left me with no electricity and no food!! Now I cannot afford all the items for my flat either and the charitable shops around here charge a fortune! When i spoke to the lady on the phone, she basically said, its tough and theres nothing you can do about it, its your own fault. Could someone please offer some advice, what i can do as my mental and physical health is now being affected and not sure how much more i can take.......I don't know who to turn to etc as I was really counting on that money just to make my flat liveable in as its not the most accommodating and they shouldnt be allowed to take money given to me from the government

Hope someone can help. I've been with a company just under 2 years. 2 years as of **th June. They started redundancy consultation today and informed me that I have no right to redundancy pay way there is a PILON clause in my contract. I'm being made redundant because I applied for flexible working hours etc so I know this is going to Employement Tribunal but I'm not due to see my solicitor until Thursday.....the redundancy stuff has happened since the last time I spoke to my solicitor. I've also been off sick due to the stress of it all and I've made a complaint about the way I've been treated since my return. How do I holt the consultation until I've spoken to my solicitor? I don't want to say anything in the consultation that will harm my tribunal case but I don't want to be seen as unreasonable by refusing to have the next consultation. I'm also trying to reduce the stress of all of this. Having to go to a consultation before I'm ready is very stressful. My solicitor could only breifly speak to me over the phone and (quite rightly so) refuses to give too much advice over the phone. But did say that them forcing me to meet when I'm not ready and not giving me adequate time to prepare for the consultation will only go against them. Advice please? I'm trying to avoid going off sick again, as I'm sure they'll try to use it against me even though I've got a great employment record.

Hi all, I really need your help. I posted up a few days ago a letter i received from my previous employer, claiming i owed them money from an overpayment of £325.01 despite them owing me at least 40 hours overtime during my employment there. Today i received a letter from Newman Debt Collection Agents stating the following:- I have already sent a letter to them the other day recorded delivery and obtained a signature of NEWMANS and all they have done is ignore me and now they are going to leave me with a huge debt from court to which i refuse to acknowledge. How can companies get away with this? All i wanted was a job, and now my personal records are going to be tarnished for being unwilling to pay money that i know for a fact i dont owe if only my previous employer would tell the truth! What can i do? I dont have time to ring them and letters can take more than 3 days to arrive, especially when i have no money!

Hi I have started another thread going on this subject on the dealing with debt in Scotland. However these are my real legal issues to resolve. Thanks to advice I am starting this thread to seek clarification on my plan. I have 1 day left to file the small claims summons (return date is 12th May 2011, Hearing date 26/05/11) I have a small claims summons for 2.9k. It appears likely it is SAR as we have never had an account with the Original creditor and they have claimed 2 different creditors for the same amount, we have not ever paid them a penny. Apparently the agreement was signed in 2000. We dont know what they have though. We did ask them to send us details of the supposed account in writing once, a long-time ago, never received. We have ignored their pestering calls, even the ones to neighbours. I think the correct steps are : Send back Small Claims Page 7, fill in section 3 and state I intend to defend the claim Send SAR letter to DCA (Link F) and OC (see questions, dont know who original creditor is, says BOS on summons) Apply for extra time using CPR15.5 (How ?, see questions) Questions I have: I dont know who the original creditor really is as 1 letter says HBOS another say BOS etc. I have heard you can apply for extra time under CPR15.5, how do I do this We dont know what they have or not, is it possible to send the CCA letter at the same time Any help appreciated as I need to resolve these issues today really.

Hi, I took out a loan of £350 but just a couple of days later I was sacked from work. I had been on sick pay and may have been fired unfairly, however the fact remains that my circumstances have changed and I now have no income source. The reason I had been signed off of work by my doctor was due to stress so I am anxious as to what Wonga may say. I have tried emailing and phoning them but emails are not replied to and the phone is not answered. If anybody can provide any help it would be much appreciated, thanks. EDIT: Sorry, forgot to say, the amount I owe is just under £500; the loan itself was £350. Thanks.