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jacobina

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  1. Thankyou. The broker said they had carried out due diligence at the time and I checked companies house. The broker also said an insurance is in place to protect investors. however, the broker is now doubtful that the insurance is legitimate . Do I have a claim against the broker? Also will the FCA assist although the company is not covered by their ‘guarantee’. It is a British company and a uk citizen. I do not want to name and shame As do not want to hinder what may well become a court case.
  2. I came into a small inheritance which I wanted to invest and gain a regular income. The company I chose offered a good rate with quarterly payments over a two year period (bond). On research the company had a good track record. The first two payments were paid on time, the third payment was made a month late and the fourth payment remains unpaid. The company say they will pay the June/Sept/dec 2019 payments in December. However, phone calls have gone unreturned and a meeting cancelled the day before, I have now written to them requesting my funds back as they have broken the contract they have with me. The date on that letter for payment to my bank in full has just expired. There is an insurance policy held by the company. Also, I was introduced to this investment by a broker. What to do now? any advice would be appreciated.
  3. Please can you give me a link to wherever this thread has moved to. Thanks
  4. My pet was diagnosed with cancer 4 months ago and a claim was submitted to the pet insurance company. I have paid out several thousand pounds to cover the costs in the meantime, but had not heard from the insurance company. I have chased the claim on 2/3 occasions and finally received a call to arrange for a statement to be taken from me. Is this now normal practice? I have provided the vet/animal records, and completed the claim form. Fortunately, we are able to cover the costs from savings otherwise our loved family member would have died.
  5. My daughter has just received a letter from her employer giving her two options to consider following the OH advice that she should be redeployed as her present department/job are unlikely to be able to make suitable adjustments to accommodate her health. I.e. No shift work. She returned to work a month ago after 6months or so sick leave and is presently temporarily placed in a stable position on a phased return with no shift work as per OH's recommendations. The 2 options are 1. Have a stage three interview with a chief officer which (in HR's opinion) will likely agree with OH's recommendations and result in "the Chief Officer would look to dismiss you on the grounds of capability providing you with redeployed status for 3 months, during which time HR will assist in seeking an alternative role within the organisation" 2. Could elect to be placed on the redeployment list and granted redeployed status for 3 months to assist you to secure an alternative role. I am concerned because it seems that either way, it gives the Organisation a "get out" option once three months have passed if no job becomes available She has worked for this organisation for circa 8 years. In the last two years cut backs and staff shortages seriously affected her health and well being, resulting in CFS, Slipped disc and Meningitis. All most likely brought on by high stress levels and exhausting shift patterns. She put in two grievances which were ignored, and to get this far thru the process has been like walking through treacle. HR are referring to a stage 3 Capability Hearing and yet she has never had a Stage 2 Hearing...... Any advice would be appreciated.
  6. Hmmmm, don't understand...... We are the defendant in a small claims track, the claimant is a vet who misdiagnosed my daughter's horse and did not seem to understand how sick the horse was. After 3 weeks in his care his last visit resulted in my daughter taking the horse for a second opinion. The horse was diagnosed within two hours and hospitalised for 7 days and treated with several drugs intravenously and kept sedated. His condition was life threatening. We have not paid the first vets bill as we do not believe he acted with reasonable care and was negligent. Also, we have a very large second bill which has been paid in full. The claimant managed to default on three consecutive court orders to put an expert witness report in place, hence the strike Out hearing yesterday, which we, the defendant applied for. A court order has now been put in place with specific dates for the claimant to adhere to, to find, agree with us, instruct and obtain expert witness report. A final hearing for the case withthe expert witness report is in July. We would like to see the clinic notes from the first vet as during the time he was treating the horse there are other circumstances in our defence pack where the vet has acted in appropriately and overdosed the horse with sedation, and used undue force . Previous advice says to use part 18. How does standard disclosure work? Thanks J
  7. Too true ! As the case is still going forward we need to get a copy of the clinic notes from the claimant. We have asked for these before but to no avail. We asked again after the court hearing and the claimant said they are only normally released to another vet!?.... I want to request them under part 18. Do I do this in the form of a letter in the first instance to the claimant stating that we are writing under part 18? Do I need to give a reason for requesting them? They are clearly relevant, and we already have a copy of the clinic notes from the 2nd vet who subsequently treated the horse and brought him back to full health. J
  8. Our strike out hearing was today. Unfortunately, we were not successful . Really disappointed , the hearing lasted an hour fifteen minutes and the judge was definitely supportive to our case and gave the claimant a very hard time. The other party did not offer any real defence and one member of the claimant's two representatives arrived 30mins late bursting into the court room unannounced! The judge gave her a hard time also and said it was indicative of their behaviour in this prolonged court case....... However although the judge said she was very inclined to strike out their claim, she didn't. She has put in place a series of dates for the claimant to comply with to provide information to us and put in place an expert witness, instruct and provide a report all with our approval and agreement. This court order says 'unless' so if the claimant defaults on any of these dates, the case is over. The end date is 15th July for hearing the case proper. I found the process a little hard today, as the case is in my daughter's name so I am attending in a supportive role. I am not sure what the conduct is before a judge? Do you speak only if you are spoken too, can you challenge the claimant direct, how much do you point out without perhaps appearing rude or pushy. I quietly guided my daughter with her paperwork and did speak up a couple of times when I felt the claimant was out of order, ie when one of the claimants said she was on holiday for three weeks and on return had a backlog of work so couldn't possibly comply with the court order! We all have stressful jobs, personal issues etc but we managed to prepare ourselves and the claimant - the judge did support this and told her the court was not at her disposal. I do wonder if we should have been more forceful, although the judge did seem to have the measure of the claimant, but has still given them a fourth opportunity. It seems being disrespectful of the court system can pay. Disappointed. Any comments always welcome. J
  9. Hi Andy, No, it is not a summary judgement application, it is a strike out hearing. We referred to CPR 3.4 (2) © as advised on this thread by yourself or Steampowered? Suggested wording and layout etc all very gratefully received and used appropriately - Thankyou. We have since received a letter from the second vet in layman 'speak' explaining the treatment plan and drugs used, I will submit this as a document with the 'template' you have kindly supplied to request costs, you never know so will definitely apply! As a side issue, we have never received a copy of the first vets clinic notes despite requests, or seen any paperwork they have supplied to the court. Our N244 paperwork has been sent to the claimant with the latest court order/Notice of Hearing of Application for the strike out hearing. As yet no response from the claimant that we are aware of.......... But it is still 4 weeks to the hearing. Thanks again for your ongoing support J
  10. A quick update! We submitted an N244 asking the court to strike out the claim on the basis that the claimant had not complied with three court orders. We supported this with written evidence in the form of emails proving we had done everything possible to comply but that the claimant was unprepared and oblivious to set timescales and that they needed to liaise ith us and the expert witness to engage his services. The N244 was submitted using the wording suggested by Steampowered - thankyou! We also added the clinical notes from the 2nd vet and summarised the first vets failures to treat the horse effectively and the second vets ability to diagnose within 2 hrs of admission and the subsequent hospitalisation for 7 days and new drug regime. The result is a court order for a hearing at beginning of May to hear our 'strike out'. The claimant has been sent all our paperwork and I assume, are being asked to respond at the hearing. I am assuming this is a good thing? Please can you advise if we need to do anything other than support what we have already submitted? And, in theory is the claimant now the defendant at the court hearing if you see what I mean. There is now no expert witness report, is the judge only hearing the n244. Thanks loads
  11. A quick update! We submitted an N244 asking the court to strike out the claim on the basis that the claimant had not complied with three court orders. We supported this with written evidence in the form of emails proving we had done everything possible to comply but that the claimant was unprepared and oblivious to set timescales and that they needed to liaise ith us and the expert witness to engage his services. The N244 was submitted using the wording suggested by Steampowered - thankyou! We also added the clinical notes from the 2nd vet and summarised the first vets failures to treat the horse effectively and the second vets ability to diagnose within 2 hrs of admission and the subsequent hospitalisation for 7 days and new drug regime. The result is a court order for a hearing at beginning of May to hear our 'strike out'. The claimant has been sent all our paperwork and I assume, are being asked to respond at the hearing. I am assuming this is a good thing? Please can you advise if we need to do anything other than support what we have already submitted? And, in theory is the claimant now the defendant at the court hearing if you see what I mean. There is now no expert witness report, is the judge only hearing the n244. Thanks loads
  12. Thankyou for your comments and support, I am finding this whole process unnecessarily complicated and stressful so it is good to know it isn't just me! You say the court offered advice? I am struggling to get any advice out of them as they 'don't give legal advice' and have just told us to put it in a letter to the judge....... Finding any help is proving trying and the CAG are to be congratulated on the support their members very kindly offer . We nearly lost a 4 year old valuable horse due to the first vets poor standard of care. Thanks again.
  13. Pls can I ask for your advice again. On the N244 question 5 asks how we want the application dealt with, what do I tick, or is this n/a? I.e at a hearing/without a hearing/tel hearing. The notes say you can only tick without a hearing if the other party are in agreement. Also, it has been suggested we can also ask the court to dismiss the case as in all probability we would win it and then attach the 2nd vets clinic notes stating how the horse presented that day, the scan findings, immediate hospitalisation and treatment. What is your opinion? The present court order expires on the 19th feb, is there a timescale for submitting the 244? I ask because the court are likely to reissue and may do before the judge sees our application. Obviously we will get it submitted as quickly as poss, but want to also be as thorough as we can. Thankyou!
  14. Thank you for this, it is much appreciated. We are working on this over the weekend.
  15. Thank you Steampowered. So that I am clear, am I submitting one form N244 which includes a witness statement setting out all the detail regarding noncompliance of court orders and the request for an order to use one of the original suggested experts? Or, as you think it unlikely we will get a strike out do we send a letter making the judge aware to the court detailing everything including a request for original suggested expert. Which is most likely to gain the respect of the courts/Judge? Obviously, I know you don't have a crystal ball but would value your opinion. Am finding the small claims track actually quite unnecessarily complicated.
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