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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Being asked to conduct Health & Safety checks


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Hello

 

Not sure if this is the right platform for this I am sure someone will advise.

 

My daughter works for an employer whereby she is sometimes required to go offsite and use premises to conduct specific types of interviews etc. This could be a church hall a leisure centre even a cafe virtually anywhere they can get a seat. After some rumblings about health and safety each employee has been sent out a form to complete. It is a full health and safety questionnaire regarding the places they visit. for example here are just a few questions on the form that my daughter is being asked to complete, there are many many more questions. Please bear in mind that she has no Health and Safety training or any associated qualification.

"Does the area to be occupied by us appear to be in a reasonable state of repair and without obvious health & safety hazards?

 

Are there adequate fire arrangements for the site, including:

means of escape from the areas that you intend to occupy, in case of an emergency?

all exits clear of obstructions?

adequate signage on fire exit routes?

clear fire evacuation arrangements, including Fire Action notices and Fire Wardens where necessary?

 

Are there adequate security arrangements, such as CCTV, panic alarms, security personnel etc.?

 

Is there adequate connectivity on site?

 

She has then to sign the form and return it to her employer.

 

To me, these assessments should be conducted by a fully qualified H&S officer prior to any scheduled visits by employees but like my daughter many others are visiting these places on a daily basis and have been for some time now.

 

Anyone give me some advice on this matter, is this the norm or is it bordering on the illegal.

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To me, these assessments should be conducted by a fully qualified H&S officer prior to any scheduled visits by employees but like my daughter many others are visiting these places on a daily basis and have been for some time now.

 

Is she in a union ?

 

If I were presented with a form containing such questions and compelled to compete it, I would sign it off with "I am not trained or qualified to assess the premises". The next stage would be to raise the matter with the union and go down the formal grievance route. Further more, these sorts of questions should have been asked by whoever was sourcing the facilities long before any employee is required to go there.

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Is she in a union ?

 

If I were presented with a form containing such questions and compelled to compete it, I would sign it off with "I am not trained or qualified to assess the premises". The next stage would be to raise the matter with the union and go down the formal grievance route. Further more, these sorts of questions should have been asked by whoever was sourcing the facilities long before any employee is required to go there.

 

No she is not in a union unfortunately. Totally agree that this should have been done prior to any employee going to such venues. The seating is poor a hard back plastic chair and a makeshift desk and in some cases they are expected to sit there for almost 7 hours

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You start off by making a statement that is completely untrue. She DOES have H&S training, everyone in the country does to a certain extent as it is a requirement for any employment. Even if that training is as little as "you press this button and the machine works, you press the red one and it stops"

 

What she is being asked to do here is make a personal risk assessment regarding HER health and safety whilst being upon those premises.This is not the same as conducting a safety audit or inspection that an employer is required to do.

Top be honest it is no tougher than being asked whether she looks to see if there is any traffic before crossing the road to make sure she doesnt get run over. Now, if you told me that this form was to be used to sign off a premises as part of her employment for one of those audits then I would be worried.

 

The questions suggest that the employer will then decide if it is suitable to allow their employees to be there, not some sort of indemnity from being sued as an employer if things go wrong.

I see the form as being helpful because it gives her the power to effectively veto certain places if they dont come up to scratch and have the documentation to support that stance should someone decide that she should be there come hell or high water.

 

 

 

 

With regard to chairs, she can choose on that is suitable for her personal needs as long as it fulfils the requirements of the PUWER and it is arguable that there isnt a cheaper alternative so an adjustable swivel chair would be the norm. It would be considered HER chair as it is PERSONAL. read up on what was known as the "6 pack" for the EU regs that became the updated HASAWA

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