Hi I am hoping to get som e advice, please bare with me though as I am totally new to all this. My partner has been suspended from work following a preliminary investigation, the investigation began on August 21st when an anonymous letter was received by his Area Manager claiming he had been for want of a better word skiving work and coming into work with a hangover. His area manager immediately accused him of lying, prior to any investigation and removing him from incentive (bonus) in effect punishing him without giving him any opportunity to defend what he was being accused of. He was questioned at length regarding his whereabouts over 1 1/2 days in July, specifically 4 hours one afternoon, and 2 hours when he came home due to a Migraine. He can account for his wherabouts for the 4 hours on the afternoon, despite the maliciousness of the letter accusing him of being elsewhere, the evidence they have produced in a screen shot of my partners Facebook page!!. Being accused of a hangover was actually a Migraine, and the only thing he did wrong regarding that was that he didnt follow procedure by letting area manager know, but he did let his colleagues know. Roll on lasr week when he was again called in for a second meeting, beleieving that as he had accounted for his whereabouts that the investigation would be finalised and there would be no case to answer. The second meeting was drawn to a conclusion by the investigating officer, who then adjourned the meeting and told my partner that he had to consult HR as he was thinking of suspending him. My partner was shocked and upset, he has worked for the company for 5 years, is in a senior management role and has an exemplary record. He was suspended at the reconvening of the meeting, he was so upset as he has done nothing wrong apart from the minor indescretion of not informing his manager that he was going home ill. Today a full 6 days after suspension he has received his letter advising that he is suspended for "unauthorised absence, intimidation of staff and breach of trust", apart from having to wait 6 days, none of these were mentioned verbally by the investigator, he merely said he was suspending him "to protect the business" I am stunned to be honest that they have invetsigated on the basis of an anonymous letter and a Facebook page print off! For his part he hasn't been sat around doing nothing, eventhough we weren't sure of the content of the suspension letter until today, he has been collecting specific policies, and has been putting together a statement and his own evidence that challenges every aspect of what was in the investigation notes , the only bit he can't skirt around is that he SHOULD have contacted his Manager when he went home ill. I don't really know what I can do or say to advise him

Hi i am panicking after returning from working away for 12 months and finding a county court judgement for 991 pounds (by default) in the post. I have just applied for 'stay of judgement' to have time to prepare my case. The court has wrote back asking me to explain the nature and details of my defence. To give you full background, the debt stems from an old midland bank credit card. I placed the account in dispute on the 16th june 2011 after hsbc failed to provide a signed agreement under section 78 of the 1974 credit act.(i enclose the overdue response from them in pdfs) I heard no more about it until now. It seems the debt was sold on to MK rapid recoveries when i was away. If any anyone could kindly help me out with regard to how i formulate my defence, i would be extremely gratefull. M

I had an Order for possession (suspended) issued by the court which had a money judgement for an amount against a mortgage. I then sold the property which was agreed with the mortgage company and hence the suspended order. This was done for Probate by the way if it makes a difference. The mortgage company then sent us via our solicitor, a redemption statement, for a much higher amount. I wanted to know, is the money judgement the amount they should have received after the sale of the property, or were they taking the mickey which extar fees and charges etc?

Hi.. My partner received a Judgement for claiment(in default) this morning ,the claimant is welcome finance, he took a loan out a unsecured loan for £3000, unfortunately we had a fire 4 and a half yrs ago and destroyed everything we had, we have moved 3 times since then.and now 6 yrs later he got this letter ,N30 and looks photocopied, Northampton county court and has a claim no, the claimant is claiming 5109.68 which is outrageous, do i phone the court and check to see if this doc is real? Im not sure what to do after, please can someone advise us.. Regards jen

Hi Hope you can help I got a general form of judgement or order from dartford county court. This was a surprise as knew nothing about going to court for anything . It's states : Upon application of 12tg June having not been lodged at court until 17th June the claimant ( south east water) having failed to comply with CPR 71.3 or 71.5 It is ordered that 1- application dismissed 2- the court has made this order of it own initiative . You are entitled to apply to have this order set aside, varied, or stayed but must do so within 7 days from the day on which us order is served upon you or such a other period as may be directed above Dated 13th June This is all this letter says and I can get hold of dartford court to find out what this is what I do!!! I've now had a bailiff at my door twice demanding money and I'm not sure whether I should be paying something or not as I read the letter that it got thrown out of court and the bailiff letters have that it went to court in February!!! I'm very confused and if anyone can help I'd be really thankful

In March 2013 I received a claim form from Northampton County Court regarding a barclaycard account which was overdue and had been passed onto a company called MKDP LLP. This was the first time I had heard about this company and the balance was for £9247.00. I filed my defence using mcol stating that I did not owe all this money and sent a recorded delivery letter requesting a cca to MKDP LLP with a one pound postal order. I have heard nothing at all either from the court or MKDP until today when I received a judgement for claimant from the court. It says that I have not replied to the claim form and therefore I must pay the claimant the sum of £9247 plus £190 costs less the sum of one pound which I have already paid. Although there is a balance outstanding on the account I am sure it is somewhere round the 5000 mark and the last payment was made in July 2011. Can anybody advise me on how to proceed or is it a case of biting the bullet and contacting the above company to try to come to some arrangement any help would be greatly appreciated.

I replied to the response pack I got sent on the 9th July, said I was willing to settle but I could not pay the whole lot up front and did not hear anything from Dryden Fairfax and then got a judgement yesterday which was dated 16 July! I would have thought they would have the decency to reply to the response pack I sent them (it stated to send all documents/payments to them). I'm really annoyed as I assume I now have a CCJ? I'm calling the court people in the morning to offer monthly payments and to stress my angst. Any suggestions on what I should or should not be saying?

This in relation to another thread I have but just running an idea through my head. Say someone is issued a judgement and later a charging order. 5 years later they discover that the claimant had no right to issue the summons because the debt wasn't legally assigned to them. Obviously the judgement can't be set aside but in theory could the defendant point this out to the claimant with a demand for payment equal to the judgement, which if not satisfied ie by clearing the debt/charging order, the defendant then issues a new summons for the same, on the grounds of fraud by the claimant (letter issued saying debt had been legally assigned when it hadn't been) Am I right in believing that the OC must notify the debtor in writing for a legal assignment to be valid? Also would the original CCA have been passed on to the buyer of the debt at the same time?

Hi there I was just wondering if I could get some advice. I was telling a friend of mine who works for a debt recovery company about my CCJ and and how i couldn't understand how this company got a judgement against me in the first place and where the figure was derived. He was of the opinion that to get a CCJ for consumer credit act debt the company would have to have the correct evidence including a copy of the loan agreement. I rang the company today and asked if they could email it to me but they said it was too long ago and they didn't have it. How on earth can a CCJ be awarded to a company that (yet again has changed its name) without knowing the actual details of what is owed? The company also have a charging order based on this judgement and its got me thinking that it was obtained incorrectly. The CCJ expires this September and I never ever questioned it because I assumed that if a judgement was given it must be correct. Apparently, its nothing more than a paper exercise. Many thanks

Hi I have recieved court papers from Bradford for an outstanding amount in respect of a credit agreement with RBS. I think I need to acnowledge service to give me 28 days to defend and then send someting to Arrow to provide me with paperwork, though I am unsure as to what to do next, they sent an agreement of sorts to me a while back: http://www.consumeractiongroup.co.uk/forum/showthread.php?128999-CCA-from-RBOS-Valid I am usure if I can defend this and if so, for what reason... Sorry to sound thick.

I know that if an employer does notcomply with the ACAS Code of Practice concerning disciplinary procedures and anemployee is dismissed the employee can claim unfair dismissal and ask fordamages. However I do not understand what happens when an employer does notcomply with the ACAS code of practices because he does not use a propergrievance procedure. I would like to know if this case also the employee canask for damages to the Employment Tribunal

At the hearing for setting the judgement aside the claimant was unable to supply any evidence and had sent the court documents to the wrong address. My application to set aside was granted. What will happen next? Can I claim the costs I have incurred? Thanks

Hi guys Wondering if one of these is actually classed as a ccj or if a judgement will follow and this form "allows" judgement to be entered as such for the claimant. The order was: 1. There be judgement for £x and £x interest 2. Defendant pays costs summarily assesed at £xxxx

Hi Can someone advise me please - my OH withdrew his defence on production of the correct documents by the clamant and requested to the court that he be allowed to pay at amonthly rate. The judgement came back saying full amount by the 22nd of this month we wrote and requested that the judgement be amended. Not heard anything back yet. The claiman Global Arrow has since written saying they will not accept monthly payment unless we fill in a form of income/expenditure etc and enclose bank statements etc. My question is - can they do this and as it is my OH debt can they ask for my information as well ? Any adice appreciated as need to get back to them today as the deadline is the 22nd Many thanks

Can anyone help, I believe there is some legislation which states that a creditor should not start court proceedings unless they have something to gain. A credito has accepted £20pm for a £25k debt in a without prejudice leter yet want to proceed toget a judgement for debt, we have no property or assets and can afford no more than £20pm so judgement will be of no benefit? Can anyone advise

I have taken my local garage to the court under small claim, he has now failed to file N152 Allocation Questionaire to the court. I received an order and it says:" your defence/counterclaim will automatically struck out without further order of the court" The notice is served pursuant to paragraph 2 (2) of the practice direction supplementing Part 51 of the civil procedure rules. I now have to get judgement entered on his name and bailief to get my money and also interest plus compensation how and what is the procedure for me to do? Kindly please advice since i am lost here. spoke to the court staff today she said he has not filed and the defence is struck out you need legal advice we are ot trained which is true.

hi all, I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200. I went to my local court and today was told it would be set aside as I had no knowledge of it. What happens now though? I didnt want to ask the judge as she looked a bit mean! lol. She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court?

Earlier this year I was getting a lot of letters from some solicitors, claiming that I owed American Express money. Unsure why, I phoned them up to inform them that I had never had any dealings with them, no credit cards or anything else. After that I presumed the matter resolved. Anyway, in February I received a letter to say that it had been taken to court. I submitted a defence online via MCOL stating that I had never had any dealings with American Express, never had a credit card in my life, that there had been nothing submitted to show that I owed anyone money (e.g. credit agreement) and I refused to pay it. It said the defence was submitted so I left it at that. Lo and behold exactly one month later, I got a letter saying that a default judgement had been made against me as I had apparently not replied to the claim form. I logged on to MCOL and it shows the date I submitted my defence and also the date judgement was made. Nothing else. Sorry for the long post but could anyone tell me what action I can take, I'm obviously not happy and have no idea of what's going on. Can I appeal this at all? Thanks for reading

Hi, I need to respond in relation to a credit card judgement debt which I am helping a person who is incapacitated, thank you for any help you can give. The details are as follows; Card taken in 1999, and was being paid up untill incapacitated through injury, claimant is a debt collection agency, and cc was with a high st bank originally, says defaulted on c/c of around 2k in 2008, a couple of years after the incapacity and being on benefits. Payments were being made, then for some reason was sent to a debt collection agency four years later, and then after defendent being contacted by debt col agency, the defendant sat back to wait for an arrangement which never came. Claimant says notice of assignment sent pursuant to law of property act 1925 in particulars. Then, this is what may kill the whole thing (not sure on this); Defendant received claim form detailing the particulars outlined above, however could not respond due to ill health - did not open mail, due to illness was bed bound. Default judgement entered and awarded for full payment to be made. My questions are; I have seen some letters being banded about challenging the legalities of such debts, can this apply in this instance? and how would one go about this seeing as judgement has beed awarded? If not, then can anything be done, I have seen the possibility of maybe challenging the amount being asked for (otherwise there is a possibility of bailiffs coming, or I assume a charge against the property if this is not done) I appreciate your inputs, this is the first I have heard about it or I would have definitely posted sooner to get tthe help of this wonderful forum and it's posters. thanks, Matt

Hi all This is my first post. I'm looking for some guidance to try and avoid throwing good money after bad I will keep it brief and avoid the boring details but here goes. I bought two beds (new from an ebay shop) a nd within the warranty period they both developed identical faults. I contacted the seller and they wanted me at my cost to send the complete beds back to them so they could decide if it was a manufacturing defect. I wasnt happy about this and after weeks of calls and emails I started a claim for the full value on the moneyclaim site. I heard nothing untill i received notification from the court that judgment had been entered against them. I contacted them to offer them the chance to pay up before extra costs are added etc only to be told they took over the company and now dont trade under the name that i took to court. The ebay account is stil lin the same name, the phone number is the same the email is the same. What i want to know is if i try and enforce a warrant which will cost me a further £100 will that do any good considering the name change etc? Thanks in advance for any advice Biff

Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car. I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to for over 500 pounds even though it should have been scrapped. I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing Thanks for your time in reading this guys/gals

My friend is an insulin dependent diabetic which has also led to the added complication of retinopathy. He was dismissed under gross misconduct after making a paperwork error whilst at work due to his sugar levels not being stable, however they refused outright to look at this as a possibility. They finally admitted that he was covered under the equality act 2010 which meant they had a legal responsibility to seek medical advice which the company did not and refused to do in any way shape or form. Question 1: Legally how can insulin dependant diabetes be allowed to be classed as occasional especially when the person is covered under the act as occasional would not be covered if it was only occasional? Question 2: Why can we not obtain Legal representation, No one wants to know once they know who the company is, which is a worldwide well known company known by all the big solicitor companies. Can anyone advise where we can obtain a solictor that believes in justice? (David v Goliath) Question 3: ET Judge declared interest as family member worked for the company and we have additionally learnt that the companies representative is also an ET Judge. Have read the T&C's and this is not allowed could someone confirm if this is still the case. How do we get a copy of the notes and transcript of the hearing as loads is missed out and appears that it was not a unanimous decision. Am looking at going to EAT on points of law, perversion and bias. Any help to how to do layout for the appeal would be helpfull.

Hi, my online shopping went wrong, I paid money but never saw the purchased item. Cutting the story short, I used the Money Claim Online court to recover the money. The seller (a limited company in England) didn't respond to the claim and the court issued a judgement as I requested. The judgement is for 25 pounds. I cannot request a warrant online and send bailiffs as the minimum amount for a warrant is 50 pounds. Is the money unrecoverable if it's below 50? I'm assuming the seller is able but not willing to pay. I don't know where they have a bank account so a third party debt order is out of question. Please advice if there is anything I can do to enforce the judgement?

Ok all, Apologies, this is gonna be another part-rant/part-informative thread. I had a letter in middle of August this year from CapQuest, advising that they have recently obtained a CCJ against me and expecting me to contact for payment etc etc etc. Following, some quite extensive investigations, i've managed to find the following: This is in relation to an old T-Mobile account which I vaguely remember having around 5 years ago. Lost the phone with about 5 months left in the contract, and rather stupidely didnt pay the bill expecting the insurance to cover it. During my time at previous address, I had no correspondence whatsoever from CapQuest, no calls, no visits, no letters. In January 2012, CapQuest credit searched me, obtaining my current address - No contact was made to me at my current address either. Having discussed with them recently, the residents of my previous address told me that around February / March they had a visit from someone called Scotcall (an acting agent of CapQuest) and that they had advised no longer at this address, and provided my current address. I was only on the electoral roll at my new address, registered October 2011. CCJ was obtained by default in May 2012, at my previous address knowing full well of my current address and my inability to defend. CapQuest then sent a letter advising that a CCJ had been obtained against me, to my current address in the middle of August and that I should make payment. Obviously as we're dealing with a higher level of debt here, I was obliged to offer any form of payment. A 'without prejudice' payment schedule was setup, and the first payment taken out at the end of September. Now knowing full well that CapQuest had applied for judgement in a previous address when they had full awareness of my current address, and being able to prove this with various means, documents etc. Considering I have made payment without prejudice, is this grounds for a set-aside? The delay from mid-august to now, has been finding all documentation, speaking to occupiers of previous house etc. They filed for CCJ in my previous address knowing that I wouldnt be able to defend, even on one of their letters it states "Enforcement action via the CCJ was never persued, to prevent a higher amount of debt" - so in other words. We filed for a CCJ knowing you couldnt defend, so that we could say 'Look, we have a CCJ, now you gotta pay us'.... As always, comments / questions or advice are appreciated. Thanks

Some good advice. If you get a parking ticket relating to a company called Linkparking Mangement, DO NOT PAY IT. A friend of mine was clamped back in September and despite letter writing, phonecalls and even a County Court claim against them has not received any response from them. Their appeals process is a spoof with messages like 'Due to a computer error we have lost all appeals for the last 14 days, please re send'. The ticket will only give you a choice of paying by Paypal, not credit card, as these guys realy don't want to be found! Link parking Managements listed address is a car breakers. Nothing to do with Link parking Ltd which is in an indutrial unit where a different company is based (In Somerset) The phone number ususlly goes straight to an answerphone but on the rare occasions it has been answered ,the guy claimed to be just an answering service. She has now made a complaint through companies house to see if that gets her anywhere. Do not pay these guys, they are a rogue trader just trying to [problem] an easy buck off of unsuspecting victims!