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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Quick question about getting hold of policies


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Hi, helping a friend. Hes been through a disciplinary, appeal and grievance but has yet to see the policies he has been disciplined on or the harassment and discrimination policies his grievance relates to.

After 4 written requests for a copy of these policies to hr, line manager and head office he still has no access to them. Last request was made under the pre action disclosure cpr.

Still no response.

Anyway of getting these? Its been 4 months of asking.

Edited by Nagasis
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Are these policies not available in the employee handbook or terms and conditions?

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Thanks for the replies.

The policies arent in the handbook, the handbook and contract refer to the policies manual but getting access to any policy seems impossible.

There isn't anyone who could get the policy as no one else has access to it either.

Its a store/small supermarket where even the manager doesnt know the grievance procedure let alone read or understand the policies on discipline, discrimination or any other policy.

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It's strange that they won't let you have sight of the policies etc... It's a bit like trying to guess what's in a paper bag on a 40 foot stick!

I note that you have made 4 requests under CPR disclosure rules... Do you have a solicitor/union rep helping you with this?

I'm not really an expert on the legal stuff but I know some of the site team are so I could alert them to your posts so they can take a look and advise you if you like

Gbarbm

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You have obviously signed to accept these policies. I would request them under the Data Subject Access request. They have to sully them then.

 

If you haven't signed to accept these policies, then we are in some fun territory!

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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The policies do exist. One copy is held at each store. Staff can only read them in fheir own time and no notes or copying is allowed. As my friend is off sick he cant get to read them altho i dont think they would make much sense to him anyway. He didnt even realise he had the right to appeal his grievance which in anycase the store gave him no right to appeal anyway and their decision was final.

Ive now added the request as part of the statutory questionnaire but that will take 8 weeks for any kind of reply to arrive.

It just seems so ridiculous that the policies and procedures are referred to in almost all the documents ive seen in his employment file yet its nigh on impossible to view these policies.

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