Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Thanks everyone,

    I have just checked the Umbrella (Payment) Company on Company House.

    I noticed that even though they are still "Active", it shows a "proposal to strike off".

    Do I still go after them even though they are about being struck off?

    Once again thanks


  2. #22
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    yes because you wont be able to once they are struck off.

    Get your claim in and you become a creditor, even if that debt isnt quantified until after they are struck off.

    The law will still allow you to chase the directors and seek any assets they have transferred.

    Bear in mind that they may well not want to be helpful in this manner when it comes to that time


  3. #23
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Thanks a lot for this.

    Just curious though; I don't know when they will get struck off, so if I put in the Application for Default Judgement and the company got struck off before my Application is granted what happens?

    Am I allowed to still go after the other two or I have missed it?

    Thanks


  4. #24
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    You are putting the cart before the horse.
    You don't have a default judgement yet, and not having filed a response on time is very commonplace.


    That doesn't mean they won't, or that they won't be given more time.
    And this situation still seems to be rather obscure in respect of their relationship to a whistleblowing case anyway
    - they didn't hire you and they didn't fire you!


    The register is also often "behind times"
    - they may actually already be wound up, so you would need to check that they aren't.


    Default judgments aren't automatic any more when the response is overdue.
    And the judge will decide whether they can determine the claim from the information they have
    - they may decide they can't and not issue a default judgement at all.


  5. #25
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Quote Originally Posted by Sangie595 View Post
    You are putting the cart before the horse. You don't have a default judgement yet, and not having filed a response on time is very commonplace. That doesn't mean they won't, or that they won't be given more time. And this situation still seems to be rather obscure in respect of their relationship to a whistleblowing case anyway - they didn't hire you and they didn't fire you! The register is also often "behind times" - they may actually already be wound up, so you would need to check that they aren't. Default judgments aren't automatic any more when the response is overdue. And the judge will decide whether they can determine the claim from the information they have - they may decide they can't and not issue a default judgement at all.
    The Judge on his own initiative added the Umbrella (Payment ) Company.

    I don't know why but I suspect he wants to follow the guidance given in paragraph 15 of Cable & Wireless v Muscat March 2006.

    Also, read paragraph 35 of the same case.

    During the Case Management Hearing, the Judge said there is a possibility I could bring an Unfair dismissalicon claim.

    I want to wait until the Full Merit Hearing to follow that line.

    Anyway, I have written to Companies House to object to the Strike Off application by the Umbrella Company.

    As soon as that is confirmed then I would put in an Application for Default Payment.

    Once again thanks everyone


  6. #26
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    I have a newspaper article that I wish to place here, am I allowed.?
    It points to the type of company I believe the Umbrella company to be.

    It should make more sense if you see the article.


  7. #27
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Newspaper articles are normally OK, dondada. Which one is it?

    HB

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  8. #28
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Thanks, this is the newspaper article

    http://www.mirror.co.uk/news/uk-news...sands-10163193

    What relevance has it to my case?

    While this;

    I got the job through an agency.

    The agency introduced me to Umbrella A.

    A called me and sent me to their website.

    A sent me documents to sign.

    But B was on the document. (which I signed)

    Anytime I had issues I called A and they dealt with it.

    Eg, when I couldn't uploadicon my passport.

    So technically B is my company as I signed the document.

    Well, B didn't put in a response so I investigated.

    On my payslip, A name is on it.

    On my Employee's Handbook, A's number is on it.

    At the time of my employment B had two directors.

    One British and the other Filipino.

    Now it is just the Filipino.

    I believe umbrella B is a front for A.

    Just a note

    The British director on B is also the director on A

    On A he is joint director with the man named in this article.

    The British director has had a total of 588 appointments

    which is way too many.

    I know it is a bit confusing as you don't know the names.

    I have informed that the Tribunal that I believe B is a front for A and I wish A to be joined in the Claim.

    I don't think B has any assets so it is not worth getting a default judgement on B.


    Thanks


  9. #29
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    I apologise if I'm being thick, but is anyone in the article you linked to involved in your case please? Or is it the principal of what the umbrella companies are doing?

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  10. #30
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Quote Originally Posted by honeybee13 View Post
    I apologise if I'm being thick, but is anyone in the article you linked to involved in your case please? Or is it the principal of what the umbrella companies are doing?

    HB
    Like I said B is a front for A

    I was an employee for B

    One of the directors of A was mentioned in the article.

    Should I mention his name?

    His name is already in the public domain so I don't think there is any issue mentioning it here.


  11. #31
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    I think the article speaks for itself, DDicon.

    HB

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  12. #32
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Hello Everyone,

    Just a quick question;

    The End User has made an offer to settle

    My question is this; if I settle with the end user, will that not bring the claim to an end?

    I really want to take Umbrella (Payment) Company to the Tribunal.

    I believe their behaviour is appalling.

    So I don't want to settle and bring the claim to a premature end.

    Thanks everyone


  13. #33
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    It depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

    And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

    So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.

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  14. #34
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    Quote Originally Posted by Emmzzi View Post
    It depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

    And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

    So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.
    Could there be costs consequences for the additional costs the “End User” (and / or the agency) incurr from now on?.
    The Tribunal will be entitled to say “could have been fully settled, any additional costs could have been avoided, point of Tribunal is to decide on damages (and that was resolved by the full settlement offer), not to ‘give the OP their day in court’ “


  15. #35
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Quote Originally Posted by Emmzzi View Post
    It depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

    And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

    So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.
    Thanks

    The offer is only with the End User.

    I (believe) I can continue my claim against the other two.

    No, I don't really want my day in Court.

    If they are sorry and demonstrate it then I'm fine.


  16. #36
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Quote Originally Posted by BazzaS View Post
    Could there be costs consequences for the additional costs the “End User” (and / or the agency) incurr from now on?.
    The Tribunal will be entitled to say “could have been fully settled, any additional costs could have been avoided, point of Tribunal is to decide on damages (and that was resolved by the full settlement offer), not to ‘give the OP their day in court’ “

    Thanks

    Unfortunately, I don't understand

    are you saying that if I settle with one that means I will have Cost consequence for the others?


  17. #37
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    Quote Originally Posted by dondada View Post
    Thanks

    Unfortunately, I don't understand

    are you saying that if I settle with one that means I will have Cost consequence for the others?
    No;
    If you settle with one your case is over.
    If you don’t settle “just so you get your day in court”, and it comes out that you were offered a full settlement of the whole of your claim : the Tribunal may find you liable for ALL the costs from (shortly after) the time of the offer as the matter should have been resolved at that point.


  18. #38
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    one thing you will never get from a Tribunal is an apology. That is why you go after and get money as compensation.
    Quote Originally Posted by dondada View Post
    Thanks

    The offer is only with the End User.

    I (believe) I can continue my claim against the other two.

    No, I don't really want my day in Court.

    If they are sorry and demonstrate it then I'm fine.



  19. #39
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Hi Everyone,

    The End User has come up with a Counter Schedule of Loss.

    In it they claim that I'm not entitled to Injury to Feeling compensation.

    Yet they are offering up to £4,500.

    My loss of earning was just £1400.

    Are they right that I'm not entitled to Injury to feeling compensation?

    Thanks


  20. #40
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    Default Re: What is the Legal Meaning of Substantial in s43k of ERA

    Only the judge can decide that for sure, but injury to feeling is a pretty rare award.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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