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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Asked to accompany colleague to disciplinary


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Guest louis wu

Can't help with what your supposed to do, but I would say your freind has made a good choice in asking you to attend. Your help and advice is always practical, accurate and sensitive.

 

I think your their, just to stop your colleague saying things that will drop themselves in it, but hopefully someone who knows about these things will give you a full rundown.

 

louis

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management).

 

You should talk to your colleague first and help then to make a list of things they would like to say as, sometimes, in meetings of this kind, it can be difficult to remember everyting that is relevant. Quite often people come out of meetings and say "I wish I had remembered to say this/that".

 

It is also important that you make notes throughout the meeting, as your colleague may not be able to take down or remember everything that is said, and if she has to appeal against any decision, the notes may come in useful.

 

Hope it goes OK.

 

Kind Regards

 

Ell-enn

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

As someone who has chaired more disciplinaries than I would like to recall I suggest:

Speak to your colleague and ask them to tell you everything. Firstly, reassure them that you will be discreet and will not blab around the work place.

Tell them that some facts may come up at the hearing that they may not have mentioned to you due to embarrassment or think are unimportant. Remind them you're on their side if they are honest and open. I have lost count of the times reps stay silent with a shocked expression on their face.

Take notes at the meeting.

Don't be afraid to call a short halt to consult these notes and to talk to your colleague. If necessary, ask if you may leave the room to consult in private.

Don't be alarmed if the chair calls a break - you may have rattled their case (it happens).

Don't bring up irrelevant subjects like 18 mouths to feed at home and grandmothers who are in prison - the hearing is about workplace conduct.

Ask the chair if they have evidence that your colleague has been given / notified of the company's policies for disciplinaries, grievances and whistleblowing (whichever is relevant). Signed receipt of a company handbook / letter of employment saying these policies are in place and available to all is sufficient for the employer as it is then up to the employee to read these. If there is no such evidence use this fact.

If your colleague did make a mistake encourage them to to say sorry before the meeting ends and to explain how they intend to improve in the future. If necessary ask them to produce an individual development plan with clear and realistic time lines for completion.

This should go a long way as most disciplinary policies do not set out to be punitive but to prevent future wrongdoing, also many companies do not need the stress and expense of a tribunal and will try to resolve the situation in-house.

Above all, the employer does not need have to have proof that a crime or definite misconduct has taken place, just that they have to have a reason to believe it has. They are not a court of law, and in rare instances will be prepared to go to tribunal, so make sure you have the story straight .

Good luck, and let us know how it goes.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Hi Cal, thanks for pointing that out - the company I work for are OK with it, but I take your point that most may not be.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management). Ell-enn

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

 

I thought that's what I'd said :confused: but happy to be corrected

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have been asked to accompany a colleague to a disciplinary re poor attendance - what am I expected to do?

 

Check your employee handbook.

 

One company's disciplinary rules differ to the next so it is a little difficult to advise you on what you can or cannot do in the meeting.

 

Also, you will have protection from victimisation should you be concerned that your employer will make life difficult for you in the future should you accept.

 

Have a long chat with your colleague and take notes to discover any possible mitigating circumstances as to why their attendance is so poor.

 

The aim should be to try and get as least a penalty against your colleague depending on how serious the poor attendance has been.

 

Will you post up a bit more once you have a better understanding of the case against your colleague?

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