sam1888
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Can ACAS be in the wrong?
sam1888 replied to BlueLittleLady's topic in Employment and minimum wage problems
Hi Becky, Hi, I am in this same situation right now. What can I do? I have not signed the COT3 and was not aware that once wording was agreed it became binding, I thought it was only once signed, and now I feel duped. I dont want to sign it, and they say unless I do I dont get any payment. So its a trap by ACAS, they should make it very clear that wording becomes binding they did not. I did not have legal advice, and how is that fair to me, when ACAS should be there to make sure both parties are fairly treated. Just seems so wrong. And he just says case is closed now, but how can it be, Ive not signed or any payment. -
Unfair Judgement? - about a boundary dispute with a neighbour
sam1888 replied to ThedaBara's topic in General Legal Issues
ok will do. -
Unfair Judgement? - about a boundary dispute with a neighbour
sam1888 replied to ThedaBara's topic in General Legal Issues
What happened in your case? .. .. I am dealing with a neighbour issue too and they have dug in their heels. I am weighing up whether to instruct or lawyer instead of trying to do this myself. All that you wrote ThedaBara is a huge amount of research and work, I'd not really know enough about it. (To do with encroachment on my property and damage to plants (to include labour) where the neighbour sprayed a whole side of my plants with black fence paint. Can anyone suggest, is it really best me even trying on my own to resolve this, the neighbour has a lawyer and i feel to add weight to my words I may need one too, but of course they are costly. -
PATAS Judicial Review
sam1888 replied to Marincor's topic in Local Authority Parking and Traffic Offences
Hi, I am in an exact same point. Had an appeal rejected, and made a review request, also rejected and it seems the only appeal route is a judicial review to the High Court, what type of review or fair process is this for PCN appeals. Madness. The council, Harrow, only sent their defence papers to me with ONE working day's notice and next to the bank holiday, so there was no time for me to get advice properly for a defence, how is this even fair!!! This formed part of my appeal and review request but all rejected. I'm a layperson trying to do legal argument and jargon. Can someone tell me for legal things are you always better getting a legal person to assist? Even just for the added weight? So so unfair. -
Oral hearing at the EAT
sam1888 replied to billybobynumeroduo's topic in Employment and minimum wage problems
Apparently I am in a grey area. I called the eat support, they said it's a dilemma only for me, the ELAAS does not support ARO (appeal from the registrar), the lawyer has said they dont mind if two people do it. So either I pay for someone to do it all, or pay for them to do part of it. I just don't know. -
Oral hearing at the EAT
sam1888 replied to billybobynumeroduo's topic in Employment and minimum wage problems
Hi, The problem is one was out of time, due to my rep at the time not telling me about the 42 day limit, so I have to appeal from the registrar for an extension of time, this is the main one, and apparently not covered by ELAAS, and then i have a couple of 3(10)'s too that were in time re other decisions, the other side are present due to ARO and they have threatened costs of £5k. I am in a dilemma, due to the ARO part, if it was just the 3(10)'s yes ELAAS, there is no guarantee they do it for you, only that they turn up to advise you. BB - are you a lawyer? & employment? -
Oral hearing at the EAT
sam1888 replied to billybobynumeroduo's topic in Employment and minimum wage problems
Is there a contact number for ELAAS, as I'd like to find out who if anyone is representing me, and if they will on the hearing day? -
Oral hearing at the EAT
sam1888 replied to billybobynumeroduo's topic in Employment and minimum wage problems
Hi, Can you message me please, as I have a case, and am deciding whether to pay someone to do the oral hearing or wait for the ELAAS, it looks like your person got in touch before hand, so far no one has for me, and I'm not sure I can cope with someone turning up only 1 hour before and finding out. Is this the normal process? After all what happens if they turn up and said they won't represent you? -
Oral hearing at the EAT
sam1888 replied to billybobynumeroduo's topic in Employment and minimum wage problems
You are only guaranteed they turn up for a 1 hour meeting, they can still choose not to represent you. -
Well mine is still with the wrong court, the judge didnt transfer it to my local court. This is just so exhausting. Do you mean you have a solicitor who did that chat or how did you resolve the wrongly thrown out counterclaim? I can't believe the amount of errors, etc. The whole mess is also because they have not processed things in enough time despite numerous times I told them. Yet this letter they sent me says to reply if any issue within 7 days, yet the 7 days was gone before I even got the letter. Yet for them, they had months and still didnt process the documents.
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Agreed I need a solicitor, though for a small claim you shouldn't. There isn't a lot to scan up, so not sure it's useful, basically the QC railroaded it, and the appeal has not addressed that. Crazy. I'm going to see someone tomorrow, hopefully they can point me in the right direction.
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The appeal was asking for the original thing to be set aside as it was not done properly at all. What happens by setting aside the appeal in writing without a hearing? You then have one with a hearing, and I am then at risk of the costs of a QC for half a day + more. Would I have to pay another £115 to apply to have the appeal set aside? This is a nonsense process, why did the judge just not do that at the appeal, he can surely clearly see things were not done correctly. How do I apply to set it aside the appeal, any idea?
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I just heard back from part of my claim, they are just refusing it saying "having read the grounds of applea i can see no challenge in law to any or all of those directions". And goes on to say he declines it as having no reasonable prospect of success. under rule 3(7). But then states "your attention is drawn to rule 3(8) and 3(10) of the EAT rules. I'm just wondering if I have not explained it clear enough or with enough legal references and maybe i should resubmit it via a lawyer. Thoughts anyone?
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Hi, sorry didnt see your question, it's to find anything from them, as the court isnt seemingly giving disclosure. They have disclosed some documents but still not all of them. I have now reported them to the IOC for investigation and non-compliance, apparently there is a 3-4 month delay due to backlogs of complaints.
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:!:Update: heard back from the small claims court appeal, judge hasn't understood the appeal it appears, in that there is nothing in his reply relating to the fact that I was railroaded and it was meant to be a case management hearing that has somehow transformed into a full hearing, and not moved to my local court which it should have. It goes on to say how you can apply to set aside the decision, the judge was entitled to rule as he did, case dismissed. Though he hasnt understood that I didnt have a fair change to put my case correctly. Any suggestions what can be done? I rang the court admin staff they said to write to the Court Manager and explain and ask them to look into it all. As it was the court process and delays that meant I got no disclosure and no witnesses and it's not even in my local court either. Is this the law of the UK and small claims process?
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