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Everything posted by eforegg

  1. Hi In my apathy and depression I have allowed a request for bank charges to be put on hold...roughly £5000, although the BOS have refunded £1000 as a gesture of goodwill which I took as partial settlement. The bank of Scotland are chasing me for £1988 which is my overdraft (all charges) on an account I had to stop using as the charges ate up any money paid into it including at the time incapacity benefit. They passed this onto Moorcroft roughly 4 months ago. I got in touch initially and disputed this and told then I consider this amount in dispute. Today a card was put through the door of my ex-partner (my account was still registered at that address although I haven't lived there for roughly 6 months) from a local Moorcroft Representative. It's stressing the life out of me especially as we have a young son of 7 living with his mum, what is the best course of action here? Any help is appreciated.
  2. Hi Can you give a wee bit more info. What is the current situation with your father-in-law. Is he still off sick? Was he dismissed? Do you know the type of pension scheme he was a member of? There's a lot of people on this board with excellent experience and advice to impart however they'd probably need more info to get started. Thanks
  3. Hi Sorry for the delay on an update. I've been offered £1010 which in their words amounts to the charges debited to my account between 5/8/2008 & 24/12/2008 I did ask them why those dates were deemed significant but to date I've had no answer. I also said I would accept the offer as part payment towards my full settlement but again they haven't responded yet. These were only sent a couple of weeks as I was house moving in the interim. I did get a letter from Blair Oliver Scott the other week though threatening legal action so I guess they maybe are looking to pursue this a bit more vigorously. I'll keep you posted.
  4. Thanks Scott, I appreciate your speedy response. With the employment situation and working towards a tribunal hearing for the past year the bank charges situation got put on the back burner. I'll get that prepared and get that emailed to them. Regards John
  5. I have an account with Bank of Scotland, with an overdraft facility of £1100. I was dismissed due on medical grounds (depression) November 2006 (I've a whole employment tribunal thread running in the employment forum) Anyway as a result of not working and being on incapacity until very recently my debts have built up. I've sorted most out however my Bank of Scotland account got into a real mess. So much so in July I had to start another account with RBS as my benefit was eaten up in charges when it was paid in meaning for 2 weeks I had no money. The bottom line is my balance is now £2600 overdrawn. I calculated (but haven't) submitted yet, the charges without interest on my account, amount to £4600 over the past 5 years, nearly £2000 worth of charges this year alone. The Bank of Scotland have passed my case to Albion Debt Collectors. I've no experience at all of this, I've never been in this position before, whats the best way to approach this as they want it all paid now as I'm in breach of the terms & conditions of my account, an account incidently I have had since 1991. I'm still in my probation period and they do a credit check, so I dont want that ruining this. I've started work a couple of months ago and can now afford to manage my other outgoings. . .just. I had to take a fairly substantial pay cut just to get back into employment and was not exactly well paid before!!
  6. Hi folks, I cant say a great deal about this for the usual legal reasons but a settlement was reached at the last minute a couple of days ago. I cant say i feel like I won but I also certainly didn't lose. Just actually feel pretty sad that it had to come to this. It's weird this is the first time I could face going online just played with the kids and tried not to ponder etc. Time to move on I guess. What I would like to say is thank to each and every person who has offered support and help, over what has nearly been a year. Its been so very much appreciated and I know for certain I would never have reached here without it, and for that I know my family are grateful this forum exists. Thank you
  7. Hi all, it's now 2 weeks exactly to the start of the hearing (28th, 29th & 30th of October) To be honest I never thought I would have made it this far. It's now at the stage, that compensation is so much less of an issue (I wouldn't turn it down) and it's now about being able to air my views and feelings. Anyway enough of that. I wanted a wee bit of advise to make sure I dont phrase something the wrong way, etc. My old job from which I was dismissed was outsourced and ironically I now work for the company that the jobs were outsourced to. Totally different office in a totally different town. The repsondents solicitor has contacted me to say as on my ET1 I asked for re-employment & compensation now that I'm working for a different employer "to allow them to properly prepare can I advise if I still want them to look at re-employment with my old employer" I was going to reply no that part of the claim is no longer applicable in light of my current employment situation, although I'm currently paid a lot less than what my salary was in my old job. Am I being to cautious/cynical, should I just be saying as I was planning or should I be careful what I say? As usual any help or advise would be appreciated. Incidently re the pension calc, what a nightmare but managed to get an acutary at the company I now work to do the calculation for me. . and I'm glad I did frightening the losses you occur from pension rights alone!!
  8. Hi I'm needing a bit of help from someone with a bit of experience working out schedule of losses. I'm struggling to put a figure for pension loss. The problem is my old employer (the respondent) ran a non contributory final salary pension scheme (I'm sure its a 1/60th scheme, if its any help) My new employer runs a voluntary contributory money purchase scheme. They'll match whatever I pay up to a maximum of 5%. I'm not sure how to calculate the monetary loss on my schedule. Incidently I was 39.5 at time of dismissal, normal retiral date is 60 under the previous scheme. Any help would be greatly appreciated, as the loss here is substantial but how do I realistically calculate the loss?
  9. Thanks JonCris. So just to clarify, I have carte blanche in terms of questioning (within reason) and can lead the questioning in a different path from the respondents solicitors questioning. I have specific questions I want to ask one particular witness relating to my dismissal and think rather than risk him not showing up may be worth while adding him to my list. I dont have a solicitor and no-one has approached me. The dates just been announced maybe it's not been picked up as yet.
  10. Well, settling into my new job now, so thought I'd post an update. Yesterday I got a letter from ET to say a date has been set aside. It's envisaged it'll be 3 days, 28th, 29th and 30th of October. Would love to think it'll be a happy Hallo'een but who knows. I have a quick question which hopefully someone can advise. In the CMD my ex employers solicitor said they would be calling some witnesses. 3 of the witnesses my employer is using I think I would like to question. Would I have to state prior to the tribunal I would like them to appear for my side as well or could I use the fact they are there and introduce my questions in cross examination? I said I would only be asking 1 witness to attend. Would I write to all parties and formally give my intentions that I will also be asking these individuals to attend to question. It probably sounds scarey I'm asking this question at this stage however I'm trying to get myself up to speed on the tribunal protocol etc. Also a quick question for anyone who's familiar. I wasn;t expecting a 3 day hearing does your employer have to let you have the time off to attend or can they deny me it. Likewise is the comployee expected to use holidays or like jury duty is there a duty on the employer to give this time? I imagine not but thought I'd check with the people who know. Any help would as usual be greatly appreciated.
  11. Good luck tomorrow MRDO, I hope things work out well for you. An update on my own case. A date for the second CMD has been set for 12 August (cant believe so little has changed since the last one in April, but thats the tribunal process I guess), so fingers crossed things can move on. From what's been mentioned in the letter from the ET, it certainly looks like a September/October tribunal date, fingers crossed that timetable is held to. On a positive note I start a new job on Tuesday, in a very similar environment to the job with my ex- employer.
  12. Thanks for the input JonCris. The tribunal process truly is a war of attrition. Once they submit their amended defence, I will indeed post for comment.
  13. I'm back again with an update. Well what would you know once again, and using every last second of the tribunals time, I've had a copy email from my employers solicitor. After reviewing all the medical information supplied by occupational health they now accept I am covered under the terms of the disability discrimination act but are now looking for the tribunal to grant an order in terms of Schedule 1, Rule 10 (2) (q) of the Employment Tribunals Regulations 2004. Would I be right in thinking this is a further delaying tactic? This is my first experience of the whole Tribunal process but my over riding impression is if there's a way to abuse the process someone will find it. I assume there no point in objecting to the granting of this order, as in essence they will be at least admitting I'm covered under the DDA now?
  14. installspark - beggars belief. I guess you see the true worth of an employer in situations like this. inline66 - I haven't made any Tribunal Orders yet. I was waiting for the CMD to be reconvened, where we could discuss a reasonable timescale for disclosure. With regards the application for an extension, suprise, suprise it was granted. Weird thing is they asked for a 2 week extension and in the letter from the ET today they are giving them till 23rd June to comply, in essence 4 weeks. Not quite sure why they are getting extra time again. So from a CMD on the 28 April which was adjourned for 2 weeks to allow the respondent to get extra information, they will be getting until the 23 June 2008. Talk about blatant screwing the system!
  15. I'm assuming it's wise in my letter not to state or infer incompetence?
  16. They are. They say they only have the occupational health report stating in their [OH] opinion I am covered under DDA. They have no other medical information at all, yet have had since my submission 24th February 2008 to obtain this. Even though I recognise they would like this information to me it seems wrong this far down the line to have done nothing to obtain it.
  17. I've outlined below my initial draft for the ET if anybody would like to comment please feel free. I write with reference to the above case and specifically with regards the letter from the respondent, dated the 20th May 2008. I would like to respectfully register my objection to yet another extension and to what in essence amounts to a further delay in the proceedings. I would like to ask why the respondent didn't request such permission from me at the outset or even at the CMD? This is especially disappointing given their position, as stated in the ET3, is contrary to the available occupational health reports prepared by the respondents own occupational health provider. It should have been reasonable to assume further medical information would be neccessary to support this contrary stance and consequently as experienced practioners in law they should have known to obtain this medical information, my consent would be required. To grant a further extension would be to further penalise myself who is only in this position due to the respondent’s previous unreasonable behaviour. Pending the outcome of this objection I have today (21st May) forwarded, by recorded delivery the signed form of authority, direct to the occupational health doctor to save the respondent time. I've also read the authority mandate they've worded and it seems very vague and all encompassing. I'm perhaps being paranoid but the wording does make me nervous. The following is the exact wording minus the names and addresses of course. Is this standard wording or am I right to feel a touch paranoid? Again any thoughts would be appreciated. . . . . . authorise you to disclose all medical records, GP reports, consultant or other specialist reports and all correspondence relating to me which you hold for me to. . . . .
  18. With this letter asking for another extension they have included an authority for me to sign. I'll do as you suggest. I'm sure I shouldn't put this in my objection however it seems very ironic that this all stems from my employers solicitor not willing to accept one professionals opinion (that I'm covered under DDA), yet they've shown themselves (albeit it's a tactic they are using) to be less than professional aware in their conduct.
  19. A little update, which in my eyes is getting out of hand. Previously I mentioned the respondent was granted a 2 week extension (expires on 23/5) to obtain medical reports which occupational health (OH) had used in preparing a report stating in their opinion I was covered under terms of DDA. They have now come back seeking a further 2 week extension as after approaching the OH doctor, she has told them she's not prepared to release the reports without my consent. I assume this is to comply with data protection. Surely a firm of solicitors and especially one which advertises themselves as specialists in employment law should have known this would have been needed prior to this. This strikes me as an obvious attempt to drag things on and on. I want to object strongly to this but dont want to appear as if I'm objecting to everything. Is it wise to restate my original objection and why this "lack of foresight" should not be used as an excuse for an extension? I'm raging as I write this so sorry if it comes across like a rant. As usual would be happy to hear anyones opinion on this.
  20. I guess I'm not that suprised, received a letter today from the ET to say they have granted the extension. I guess I just wait the 2 weeks out now. Thanks all, for your help over the past week.
  21. JonCris, thanks for the words of wisdom. I've a tendency to trip myself up when trying to follow conventions I'm not at ease with. I'll definitely rewrite from the first person perspective.
  22. I wondered if anyone with some experience of these matters to take a quick look over the wording of my objection letter. it's the first one I've written and maybe I've been watching too much LA Law. MY DRAFT I write further to the respondent’s letter, dated the 2nd May 2008, seeking a 2 week extension to comply with the Tribunal’s directive, to object and to respectfully ask the Tribunal to use it powers to deny this extension. I would like to respectfully remind the Tribunal that the respondent would have and should have been aware from the initial claim, dated 24th February 2008, that further medical evidence would be necessary to support their stance in the ET3. This stance, contrary to the respondents own occupational health report, dated 21st August 2008, that in their view the claimant is not disabled for the purposes of the DDA. From this occupational health report, it should be clear that further specialist medical reports were asked for. Knowing that medical reports already existed the respondent has had plenty of time to obtain them. The fact they have not sought to do so before now should not be a valid reason to extend any further, the additional time they have already been granted. To grant a further extension would be to further penalise the claimant who is only in this position due to the respondent’s unreasonable behaviour.
  23. Thank you both for the advice, I will definitely be objecting (drafting letter as we speak) I've asked a friend who still works there to make some discrete enquiries re OH's availability as well.
  24. I submitted my ET1 on the 26th February 2008. The ET3 was submitted on the 25th March 2008. The CMD was 25th April. During the CMD the chair gave them 2 weeks from that date [25th April]. In his letter outlining the details of the CMD he states the following. . . . .I did however have concerns allowing any significant period of time in this regard, given that it seemed to me that with the occupational health report, the respondents ought properly to have been in a position at the CMD either to confirm that they accepted that the claimant was disabled for the purposes of DDA, or to adhere to their position in line with the ET3 that he was not disabled. Alternatively, in my view, the respondents ought to have been able to state to the CMD that they required time to obtain further medical information, if that was indeed their position. To me it appears he's not unsympathetic to my concerns. In essence they have had since the approx the first week in March to think about getting the medical evidence used to prepare the OH reports. I would have thought in anybodies eyes that would be sufficient my problem is I'm no legal expert and I'm learning as a human being what you should do and what you can do can be vastly different.
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