So, does this mean that they want to go for multitrack and raise the bar for the costs that can be claimed/awarded or just think that they can say "la la al not listening" and it will go away?

Ring Northampton in a couple of days and ask them if this constitutes a defence or whether you can apply for a default judgement. If the latter then do so immediately, they will ahve to cough up £150 to get that set aside and try again.

I rang before and she said seeing as the form isn't complete a judge MAY think they havnt complied wth the order and strike out their "defence" then I can go for a default judgment. they have until the 20th to fike a COMPLETE questionnaire.

Mcol has updates to "transferred to local court", I take it this means their shambles of a questionnaire has been accepted (not rang yet). If so I don't understand how a court can accept an incomplete questionnaire, after being ordered to send one! Also, whatever document they have enclosed has not been sent to me, I still have no idea what this document is!

emailed the agency asking for clarification as to why they have said no to the small claims track and asked for a copy as to what has been sent to court, as is usually the case I have been ignored.

rrgarding your post#53 ring the court on wednesday and then ask for strike out. Get the request off by fax. you shouldnt have contacted agency, they are your enemy in this matter and will undoubtedly tell you lies in an attempt to sink your claim. only respond via officail channels when you are instructed by the court to do so.

rrgarding your post#53 ring the court on wednesday and then ask for strike out. Get the request off by fax. you shouldnt have contacted agency, they are your enemy in this matter and will undoubtedly tell you lies in an attempt to sink your claim. only respond via officail channels when you are instructed by the court to do so.

am I allowed to just ask for a strike out though? I was under the impression Id have to do a summery judgment ?

They can request any track they like, if it is below 10k it is a small track case.

The court won't have looked at the directions questionnaire before filing it. An appalling directions questionnaire would probably just get ignored.

It would be difficult to get their Defence struck-out on the basis of a poor directions questionnaire. If the Defence is clearly inadequate you could try asking the court to put the papers in front of a judge, although technically the proper way to proceed would be to fill in an application on form N244 for strike-out or summary judgment. Unless the Defence is obviously shocking to a judge just from reading it, it might be better to wait untilt he hearing.

yeah I'm just waiting for now. I have had this email exchange, more nonsense.

A copy of the documentation was posted out to your home address however, I

have attached a copy for your reference.

With regards to the claim we have stated we do not wish to proceed with

mediation as we have already been through this process with ACAS and the

claim was unsuccessful.

Regards

>That is not correct. Acas have a time limit of 30 days and you did not

>respond within this time, therefore my certificate was issued confirming

>I had done everything I was supposed to and you had not responded. Early

>conciliation was unsuccessful due to you not responding, there's a clear

>difference. I can provide documentary evidence should you require it.

>

>In addition, you did NOT send whatever document you have sent in the

>questionnaire with my copy, nor have you included it on this email..?

We had a reminder to respond and we did so within the timeframe. I then

had written confirmation that ACAS were satisfied that all monies you were

owed had been paid to you. I have not included that document in your

posted or emailed copy as I am only obliged to send you a copy of the

questionnaire.

have written confirmation from ACAS that your claim was unsuccessful.

I have not sent you a copy of this as I am not obliged to at this stage, either by ACAS or the small claims court. If you have not received this decision from ACAS then I suggest you contact them directly.

I have included a copy with my questionnaire that was sent back to the small claims court.

I have posted a copy of the questionnaire out to your home address and attached it to the email. Here it is again for you reference.

If the small claims court believe I am required to send you any further information then I am sure they will let me know.

In the meantime I will wait for their decision.

What on earth are they on about?! they don't seem to understand what Acas are for! never bothered replying it's clearly pointless.

how do I go about gettjng that document?!

The whole email exchange is a nonsense, ACAS don't make decisions.

I would not get involved in pointless bunfights and just focus on the court process. The judge won't really care what was said in these emails. He will, however, care about what evidence you provide and whether or not you have proper, full, clear and detailed calculations to indicate what you should have been paid.

indeed, they've suspended me from the website so I can't see/print timesheets. I'd already printed them though and the contract

has a post been removed? I've got an email but the post isnt showing.

on another note:

"I can advise that I have no record of any response with your ex employer.

Conciliator

Acas"

been advised by the court to send in those emails especially the one we're she refuses to disclose the document she has sent to the court but not me.

also had this:

I have just printed off all 64 pages that you have sent through and I will go through these in detail on Tuesday and Wednesday next week. There is a lot more relevant information that we did not have available when we consider the original complaint. Once I have been through all these I will be in contact with you again.

I am also more than happy to pass on the information to HMRC’s National Minimum Wage team if you would like me to do so. Please let me know if you would like me to do this for you.

Kind regards,

| Employment Agencies Standards Inspectorate | BIS |

I'm not sure what you mean by sending things into court. It is very unlikely that anyone is going to look at anything you send to the court unless you (1) make a formal application asking the court to do something or (2) get to a hearing. The proper way to do it is to have everything you want to refer to in the hearing together in a proper bundle - bearing in mind that you are supposed to send all your evidence to the other side when directed by the court.

Ive been on the phone to the court that has the case and theyve said to fax them the emails (I have omitted a few on here) and it will be looked at.

I know there's a proper process, but they are looking at it anyway.

I have my court date and have received directions from the deputy dj to try and settle. The agency have refused, unsurprisingly.

All my timesheets have mysteriously disappeared from my online account, lucky I grabbed them all ages ago . Also, there all of a sudden prepared to negotiate through small claims mediation. I think they may have finally sought proper advise away from a google search!

All my timesheets have mysteriously disappeared from my online account, lucky I grabbed them all ages ago . Also, there all of a sudden prepared to negotiate through small claims mediation. I think they may have finally sought proper advise away from a google search!

Hope it goes well.

just a word of caution.

mediation is now mandatory in small claims. So do not take their willingless to do so as any indication of their percieved chance of winning.

secondly. Some use it as an attempt to sound out the claiments case. Know the legislation and case law you will be relying on so you can make sure when they risk assess the claim it will look less likely they will win.

Hope it goes well.

 

just a word of caution.

 

mediation is now mandatory in small claims. So do not take their willingless to do so as any indication of their percieved chance of winning.

 

secondly. Some use it as an attempt to sound out the claiments case. Know the legislation and case law you will be relying on so you can make sure when they risk assess the claim it will look less likely they will win.

Are you sure about that, and not confused with early conciliation? My directions say "optional".

Also normally I would tread carefully with mediation re the points you have made, but honestly if you had spoke to this agency you would see exactly why I'm not concerned by this at all. I've already laid it out to her several times and she doesn't seem to be able to read!!

They have a manager doing all the forms for example and she's doing it all wrong, eg giving answers that do not correspond with the question.

It will be interesting to see there bundle, given they have thus far relied on documents I know don't exist "In writing from acas your claim has been dismissed".

I spoke to mediation today and as yet they HAVNT even had a response from them, they seem to be ignoring like they did Acas. Off to court then I guess...

Ive lost my reference material SO i may be mistaken.

I know that ALL cases shall be referred to the Mediation Team. Maybe I was getting confused.

"Having considered the papers In your case, the court believes that your case is suitable for mediation. This is a very simple process......you are therefore encouraged to contact the small claims mediation service...."

The allocation form also gives a yes no option.

So our deadline for bundle exchange is 7 days away. Mines ready to go. I have not received anything from the other side. Im assuming they'll miss the deadline because I know there office is closed until the 5th- the deadline is the 2nd.

This will be the second time they have not complied with directions. What do I do if i don't recieve anything?

you can complain to the court but your complint will just be added to the paper pile unless you cough up and ask for a strike out (N244) What is most likely is that you will get the paperwork late as many companies like to receive yours and tailor their response according to what they have received. You can play them at their game by exchanging documents face to face but i would jsut be making sure that you get yours to them on the last day possible and then complain to the judge that you got theirs late and you havent had time to read them properly. The judge will hate having to postpone the hearing and so will rip into them for being idiots if you say you can carry on but are at a disadvantage. Demand an adjournment and you might get the same treatment.

you can complain to the court but your complint will just be added to the paper pile unless you cough up and ask for a strike out (N244) What is most likely is that you will get the paperwork late as many companies like to receive yours and tailor their response according to what they have received. You can play them at their game by exchanging documents face to face but i would jsut be making sure that you get yours to them on the last day possible and then complain to the judge that you got theirs late and you havent had time to read them properly. The judge will hate having to postpone the hearing and so will rip into them for being idiots if you say you can carry on but are at a disadvantage. Demand an adjournment and you might get the same treatment.

Thanks for that. Mine are ready to go, I've got the bundles down to 44 pages each. The plan is to give them in in person on the day there due.

Because thier thick I have a feeling because small claims mediation have said they'll try to book for the end of this month the agency are probably assuming they don't have to put anything in.

Just to add a complication Theyve refused delivery of my bundle!!!

Then notify the court of this but make sure you send a copy of your bundle to the court. Mediation is offered to everyone and doesnt have to be ticked. If one side doesnt agreee then it doesnt happen. generally mediation works well with claims that are disputed in part, such as value of work done but not paid but it is admitted something is owed. Try delivering again but do a voice recording on your mobile.