The Mysterious Case of the Vanishing Posts

Vanishing

Now this site is over six months old, it has gained a bit of an audience. Links tend to go viral and word spreads very quickly in cyberspace. There are a few insomniacs and graveyard workers out there, up in the wee hours when all is calm. This is a good time for reflection and also for going round the fora. Strange things can be seen to happen at this hour, and not just the Northern Lights.

This is one for Perry Mason, who has been tasked with tracking down some posts that have vanished from Legal Beagles. Perry is sure there were more posts but, so far, has only managed to track four of them.

OP with court claim left in the lurch

First we have this poor OP who got a claim from Hoist who got it all mixed up. Despite having posted four days ago, they didn’t receive a single reply, or did he? See below.

H2P2 Cohens Lloyds Overdraft Claim Form Received

Cohens-Lloyds-Overdraft--Claim-Form-Received-4

The OP had posted a rather convoluted letter which attempted to combine a CPR 31.14 request with a without prejudice settlement offer. The letters clearly had not come from Legal Beagles. A link to the correct letter was provided. The OP was also told to acknowledge the claim to avoid a default judgment and was directed to a thread on which PT had posted yesterday, where the defendant had won a claim that appeared to be for a similar account.

Although brief, the information above would have given the OP a good start to deal with their claim and would have drawn them back to Legal Beagles.

WHERE DID THE POST GO?

Housing benefit query half answered

Housing Benefit and CT Benefit stopped because of zero income

This OP decided not to claim JSA but still wanted to claim housing benefit and council tax support. They needed to be informed about a few facts regarding JSA. It is a common misconception that it’s best not to claim unless you really have to when, in fact, it’s best to claim, even when you are not entitled to it, for example because of your savings.

As seen on the post below, JSA claimants get National Insurance contributions credited, this will be very important when they reach state pension age. People would normally be expected to have a status, i.e. employed, self-employed, student, retired, unemployed or incapacitated. Councils are often reluctant to award benefit to people who do not fall into any of these categories. If you are unemployed, they would expect you to put in a claim for JSA and would consider a zero income claim if the DWP is not paying you for whatever reason, but not just because you decided not to claim. Nobody had told them any of this, or had they?

Housing-Benefit-and-CT-Benefit-stopped-because-of-zero-income-3

WHERE IS THAT POST?

Constructive dismissal v destructive removal

Constructive Unfair Dismissal Help

This OP had posted a question about constructive dismissal. They had been given a few of the facts and were even told that those cases were “difficult to win”. What they needed was a few more hard facts to consider before deciding to resign. Resigning from a job is a big decision, in particular when you are heading into the unknown, as opposed to moving jobs or emigrating.

You need to consider all the options, and it’s not possible to advise, or even suggest a course of action, when you don’t know what the OP is talking about. Unfortunately, when it comes to employment matters, many OPs are reluctant to give any clues because their employers may well be reading the posts.

The OP should have been warned about the low success rate of constructive dismissal claims, along with the need to pay hefty fees to bring a case to the Employment Tribunal. They also needed to know there is the potential to have the fees waived and to get proper legal advice from someone who knows their stuff and who’s got the full facts from you. They weren’t told that, or were they?

Constructive-Unfair-Dismissal-Help-8

WHAT HAPPENED TO THAT  POST?

Attachment of earnings

County court money claim

This OP was not aware of having a CCJ, a very common problem, it seems, with a lot of people mistaking claims for generic threat letters and ignoring them. Here the OP clearly said they’d ignored everything, until they received a notice of an application for an attachment of earnings order, which also mentions contacting their employer and even going to prison. We’re looking at some serious stuff here, are we? Well, within reason.

Taking someone to court and obtaining default judgment is one thing, but what good is it if you still don’t get any money out of them? Obviously when the defendant is not aware of the judgment, they won’t be making any offer to repay it, so, as a creditor, you’ll need to enforce the judgment. One way to make sure the debtor pays you a set amount every month is to get their employers to deduct the payments directly from their wages, and it is possible to get them to do this with a court order, however, it is also possible for a debtor to request a suspended order  and make an offer of repayment.

On this thread, they all had a rather extensive discussion regarding the possibility of having the judgment set aside, but not much had been said about dealing with the actual attachment of earnings order, which had to be the first thing to be addressed, there would be plenty of time later on, to deal with a potential set aside. So the OP was told everything they needed to know about dealing with the AoE order first.

County-court-money-claim-13

…all well and good, but WHERE IS THAT  POST?

WHERE ARE THEY?

7 Comments

  1. Jon says:

    Is it the initial posts that have gone or the replies

    If it is the initial posts I suspect a healthy dose of paranoia

    If it is the replies and nothing has been put in its place, well another healthy dose of paranoia

    I have not seen the replies or the original posts come to that

    • Agent 99 says:

      The original posts are still there, however, the ones you see above somehow vanished in the haze overnight. Rather odd when you consider they all gave sound advice to the OPs that had somehow, had been left out from the threads. The OP with the Hoist claim still hasn’t got any replies, the only reply which you can see above, was deleted overnight, leaving him completely in the dark, poor sod.

      Perry Mason and Paul Drake are still out hunting for the remaining missing posts, they reckon there were a few more.

  2. BillK says:

    So – All those posts were there in the forum threads at one point – but then vanished overnight. So it’s not as though the poster(s) experienced any problems in posting at all, is it ? Those posts were quite clearly removed by a forum mod/admin – and intentionally, not accidentally. ‘Losing’ one post might be considered careless, but four or more is definitely no error. And even if four or more such ‘errors’ had been made, they would be reversible, as the forum software doesn’t ‘hard delete’ posts unless the mod/admin specifically requests it.

    We now not only have a forum where the owners KNOW FOR A FACT that its users are either being ignored, or are repeatedly being given the wrong advice – but where the owners are DELIBERATELY obstructing the delivery of good advice when it is offered. Either someone is deliberately sabotaging the forum advice, or they are deliberately sabotaging the forum users’ chances of achieving justice, and this is utterly appalling conduct for advice forum owners.

    I note that the Legal Ombudsman has a representative present in Legal Beagles, and I really think that the LO should be made aware of this, as they surely cannot be seen to be condoning such behaviour by an advice forum that was previously so well thought of and trusted.

  3. Interested Party says:

    Oh come on this behaviour is as clear as crystal. They remove the good (free) advice in the hope that the OP gets desperate and heads over to the other side so that they can earn a few bob.

    Come on Kate, Sharon, Nick etc, stop being so bloody obvious, if you want to be devious, play silly games, or just try to pull the wool over peoples eyes you’ll have to get up to better tricks than this. No one, but no one likes tricks like this, be careful you will soon earn yourselves the title of Con Artists.

  4. BillK says:

    I think you’ve ‘named that tune in one,’ IP !

    Oh – and I’m sure that they would not like to be called Con Artists, would they ?

    – Ain’t that right, Nick ? But if the cap fits…

  5. Dignity says:

    Long live King Old Fart…

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