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.
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.
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.
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?
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?
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.