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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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Need Advice on Pension / Gross Misconduct


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Hi

 

If anybody can help I would be very greatful. I'm trying to find out what happens to your pension if you are dismissed for Gross Misconduct. Do I lose 15 years of pension or are they protected?

 

Thank you for your time

 

Paperboy !:-|

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As far as I know the fund would be frozen at the date on which you leave, but I suppose that this could also depend on whether the pension was contributory or entirely paid by the employer, the type of scheme (final salary, index-linked etc). I know it used to be the case that you could lose everything but I am sure that the rules have now changed.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Do I lose 15 years of pension or are they protected?

 

I must admit Pensions are not my speciality - and I honestly don't know the answer.

 

What I can say is the impact GM has on your COE stems from the common law rules re repudiation of contract and thus the innocent party (in this case the employer) can, in the face of your repudiation, summarily dismiss you.

 

Whilst in such a situation you could lose your right to notice pay (as this 'flowed' from the contract) you repudiated, I have never heard anyone comment on its affect on pension rights.

 

Logically if your right to a pension also 'flowed' from the contract I suppose in theory it could be affected BUT that would seem very unfair.

 

I must admit i'm really not sure on this one.

 

I hope this has helped somewhat, sorry i can't be more help. I'll be waiting for the relevant answer also!

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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My understanding (based on a whole lot less years than Che in personnel) is that any monies in the fund are frozen until you reach the requisite age to claim pension and then a pro-rata pension is paid.

 

I would however contact someone who specialises in this area for advice so if necessary you can take steps to protect your pension rights under these circumstances.

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It is the subject of a certain amount of debate at the mo following the 'Baby P' case whereby the Head of Childrens' Services was dismissed but has retained her reported £1.5m pension pot. It is my understanding that what is already in the fund has already been 'earned' so cannot be taken back despite the public outcry.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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