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  1. I think its time to realise that its the money men who rule this country and the banking system is just their 'tool' - They (the financial system) can cripple country's and then get bailed out by the £billions while every other industry suffers, remember the majority of the influencial MP's are part of the financial system (or gain from it) and now the 'consumers champion' has left the consumers high and dry because it would cost too much - funny because i thought the OFT was government funded, but, as previously said government are the MP's and its run by the money men. This situations just game to them - Yes they paid out millions in the begining to tempt us, but with all the interest on the fee's they now have from those who waited must be 100 times what they paid out, Martin Lewis and the other campainers have just been pawns in that game with the (unknown) objective of rallying the cannon fodder/troops. What ever 'legal' arguments there are supposed to be, 'they' will win because 'they' set the rules - Face up to it, we've all been played for mugs by the financial institutions, the money men and the corrupt government (no particular party - but all in general), unfortunately no-one will want to admit to that though.
  2. Hi All, here's an odd one that i could do with some advice about i successfully reclaimed the insurance charges back from my Hx card account and they sent me a cheque for that amount all well and good . . . then on my next statement i noticed that they had then deducted the same amount (as the cheque refund) from my account balance leaving a zero balance with a credit saying the balance would be sent to me by cheque? BUT. . . in the same statement for the next months 'spending' they had deducted the original cheque amount from the statement amount leaving me with a negative balance for the original cheque amount which is now accruing interest and this amount is more that my balance before their adjustments ???? can they do this ?? as i didn't ask them to deduct it from my statement amount and i certainly didn't want them to increase the amount i owe them any help welcomed thanks Jon
  3. Hi everyone i need help and advice for my son who's a student about 6 months ago he "bought" a laptop from Brighthouse, this lasted only 1 month before it stopped booting up. He returned the laptop for repair and was told that there would be no problems - 14 weeks later and after many calls + visits to them he was told it didn't work and they gave him another laptop of the same model - THIS ONE LASTED 5 DAYS ! and was also returned - now 6 weeks later they still have no information on it but have said they can't find a similar one in west yorks and were trying to source one elsewhere but couldn't say how long it would take. He told Brighthouse that that he thought he had the right to cancel the contract as out of 6 months (25 weeks) he'd been without a laptop for 21 weeks but he had kept paying them - he requested that his money should be returned and the contract cancelled. the store manager laughed at him and said the contract didn't mention what time limit they had to repair or replace the laptop so it was at their disgrerssion when he'd get another lap top further more that he stopped paying then they'd stop the contract and sue him for the outstanding balance. The advice i need is - 1) can they demand that payment continue and refuse to refund him 2) do they actually have the right for them to determine the length of time they keep the laptop (i thought that there was a lawful 'resonable' time limit) any help / advice would be very gratefully recieved Jon.
  4. Thanks Ell-Enn, have sent email to Leeds Law School so i'll see what reply i get - Leeds is V close as i reside in Halifax / Huddersfield and my case is at the ET in Leeds
  5. Hi Cilla where to start - from the info you provided 1) you do have a claim for disability discrimination and unfair dismissal, (possibly harrassment but not enough info) but you need to seek advice from a solicitor or (free) advice from your local CAB 2) the employer has breached the employment act by not providing a contract of employment. 3) i doubt that the employer has followed statutory dismissal procedure (again from what you say about only 1 days notice for meeting) as such dissmissal is automatically unfair according to employment act 2002 4) your employer may be wrong in refusing work in lieu of notice period but again it depends on what was agreed - BUT this should have been stated in your contract of employment. i would suggest you send a stautory questionairre to your employer and advise that you are considering a claim for unfair dismissal due to disability discrimination - also note that you must apply to the Employment Tribunal no later than 3 months after your dismissal date. FYI there is no current upper limit on the amount of compensation awards for DDA claims (personal injury) and you may be able to increase any award by 10 to 50% if your employer has not followed SDP. good luck and i hope this helps
  6. HI is your capactiy recognised as a disability - if it is then look towards the DDA, As you work for your rmployer more than 12 months - if so did they follow the Statutory Disissal Procedure (if they only gave i days notice of the appeal meeting then they did not act in a 'reasonable time' Looking at your questions and replied, it looks possible that you may have a case of automatic unfair dissmissal due to failure to follow SDP (as per employment act 2002) and disability discrimination
  7. new twist to the story while seeking advice (still not found anyone to act for me) a HR advisor asked if they had followed the Statutory Dismissal Procedures !!! looking through this, i can now show that my former employer did not follow any of the 3 mandatory steps of the SDP and in fact advised in writing that they refused to hear any appeal against my dismissal - as such i believe i can now claim automatic unfair dissmissal attached to the disability discrimination - question: do i outline this at the CMD or wait till the hearing?
  8. Hi again, thanks for clarifying your wifes condition, from what you say regarding your wife's thyroid condition then she may qualify for disability but you may need to clarify this with CAB as it may be dependant on how long she had had the condition and the likleyhood that the condition was permanent (similar to MS now being recognised as a degenerative disability) The way you mention that this seemed to be a consideration and repeatedly mentioned could be cause for an harrasssment claim under the DDA. it may be beneficial to send than a 'statutory questionairre' to obtain more details from them, while they are not legally obligded to complete the form you can submitt it to an ET as evidence of evasive and obstructive actions by your wife's former employer.
  9. Hi, sorry to disagree with version302003 if your friend has recieved wages even if these are for a 'notice period' then technically he is still employed up to the end of his notice period, as such he cannot claim JSA - he maybe able to register with the job centre but he will need to seek advice from them direct as there is a lot of free advice about at the moment due to the current economic climate - the JC are quite sympathetic
  10. Depending on the severity of your wife's eyesight it could be classed as a disability as described by the DDA - even in a 6 month contract your wife has the right to be treat the same as any other person - if you believe you have a genuine grevance then a claim under DDA at an employment tribunal has no service time (length of employment), any 'harrassment' also is covered by the same act. Additionally anyone penalised due to an association with your wife (or anyone who is disabled or associated to a disabled person) can also claim due to the recent action at the European courts of Justice and the associative discrimination being permitted at the ET at London South on the 27th Nov 2008
  11. have now heard from Lucy McLynn at Bates wells & Braithwaite - their Pro Bono work for 2009 is fully booked with the Sharon Coleman case and Lucy herself is on maternity leave. Looks like i'll have to go to the ET alone. Any ideas on how to prepare my case for the CMD or how to present it - i know it wont be a 'hearing' as such just to give the judge details of what exactly my claim is but how do you present this info
  12. Hi, Thanks Seftonview, having now seen the questionairre i did send something similar which was given to me by the CAB, but at that time the DDA was not considered to cover parents of a disabled child ie discrimination by association - as such i did not recieve a reply other than you are not disableed so do not 'qualify' as being disabled as described by the DDA. The Employment Tribunal (London South) only stated that it could consider discrimination by association due to the ruling of the European courts of Justice on 25th November 2008 in so much as the DDA can only now be read as "a disabled person or a person associated with a disabled person whom he employs" the ET also states that their ruling shall apply to ALL cases of disability discrimination from Oct 2004 with this in mind all current forms etc still read as a person with dissability
  13. Hi yes have been intouch with Lucy McLynn who is representing Sharon Coleman, but due to amount of wirk they have / are having with the european courts and also with the pre hearing ET at london south, they are unable to represent me due to shear work load. Mrs McLynn is being as helpfull as she can and is copying me the outcomes of the cases as they are published. Unfortunately Leeds ET have placed my CDM before Sharon Colemans so i am now 1st in UK to persue this to CDM (Sharon Colemans CDM is still to be set as she has just passed pre hearing review stage)- my CDM is now set for 19th Jan so time running out for help with still no solicitors willing to help (without significant bonds of up to £2500 which i don't have). i Know the very basics and i know i am right in persuing this as the company were quite happoy with me untill the found out i have a disabled daughter then they decided that the hospital visits may interfere with my work and would not allow any flexibility in my working hours (not that i had asked for any). to show my ignorance - whats a statutory questionairre?
  14. Hi i'm looking for advice on a case management discussion that is listed for January. my case is for disability discrimination (by association with a disabled person - the 'person' being my daughter) and that discrimination being my (unfair) dismissal and i will be seeking agrivated damages, loss of pay, loss of pay in lieu of notice and wrongfull deduction of monies from final salary. my case is similar to the recent sharon coleman ruling at the european courts of justice and the ruling by the ET london south that assocative discrimination must be ruled under the DDA. as i am having to represent myself as these 'cases' are too new - mine is the first to reach case management discussion in uk and no solicitors will take my case question: what will i need at the CMD and how should i list what my claim is - any advice or templates available. Thanks for any help or advice
  15. hi slick you were right in what you said - i've had a letter from Bradford CC written on behalf of Halifax CC that virtually copies everything Barclays asked for word for word and not a mention of anything i respondd with - methinks we can see who side some judges are on. question is now - if the FSA say in January that people should be able to continue with their claims, what happens then to the stay at the CC, will the CC's have to consider this also if the stay remains in place for some time, what happens if the interest on the claim means that the £5000 limit on small claims is exceeded (my claim currently stands at £4700 and rising by approx £15+ a month)
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