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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sickness Policy. Is This Allowed?


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Hello all.

 

Excuse me if this is a really silly query but I have been chatting to someone at work who told me this might not be allowed so am asking here in case I need to take it further.

 

My employer has a sickness policy where sickness is counted in a 12 month rolling period.

However, is it allowed to count 1 time of sickness twice?

 

My employer states 3 absences (or a total fo 60 hours) triggers a "stage".

This happened to me,

I was off for 3 different times with sickness,

the last date being 06/02/2017

- this triggered a "stage 1".

 

Then I was off sick in September and again in December 2017.

My sickness in December then triggered a "stage 2",

this is because my sickness in Feb 2017 was being counted against me again.

 

Is it allowed that they can count 1 period of sickness against me twice?

punish me twice?

 

know the policy is a 12 month rolling period but I've been told that it doesn't sound right that the 1 period of sickness I had in Feb 2017 has caused a trigger twice.

 

Just want to put the feelers out there to see if this policy is fine or if I can take it further at all because the stage 2 I am on has cost me a promotion and an end of year bonus.

 

If this is fine I will gladly accept it as it is what it is.

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Yes, that seems right to me. A stage warning doesn’t wipe out/ discount the sicknesses included in it; more sickness in the rolling 12 month period would trigger a stage two. Unless you have a really oddly worded absence and attendance policy. Have you checked it?

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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Thank you for your reply.

 

 

I have checked it and its very long winded and there is a flow chart which I suppose is easier to work out but this bit I find a bit confusing as this is on the chart to hit a stage 1, so do I presume this applies for a stage 2 also:

 

 

"Trigger point hit:

 

 

  • 3 instances in previous 6 months (rolling) or;
  • 60 hours (pro-rata) in previous 12 months (rolling) ".

The reason this confuses me is because when I got put on a stage 2, I had not had 60 hours pro rata off sick in the previous 12 months (it is in fact 45 hours). I did have over 60 hours off sick in November 2016 due to a death in the family but this was included in my stage 1 and expired by the time I was on a stage 2 :/

Edited by JoJo.1979
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What does your stage one say about expected attendance levels?

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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By the way - if you were off in December.. it’s now 6 months later. If you were planning on raising an appeal or grievance I’d say you are outside what most people would consider a reasonable time period. Is something else happening now to trigger this enquiry?

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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Im just looking into the policy to answer your question about a stage 1 attendance but I can't really find any "expectations" of whats expected.

 

 

I got put on the stage 2 in January when we all returned after Chirstmas. I was told at the end of May/early June I was not getting a bonus for my work because I was on a stage 2 and this subject was recently brought up by a colleague and thats the reason I'm asking the question now but I had no idea there was a time limit on raising an appeal if I needed to.

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Depends on the rules of the appeal and/or grievance process, but if you are unhappy you really need to raise it at the time.

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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