dx100uk

This claim is history on the documents provided, their is no problem getting this claim thrown out. It is stopping them withdrawing and correcting the fault, and then issuing a new claim. If that happens we can then do a relevant defence as to the particulars

Wasowski

What defence did you submit???

just got online, ditched windows eight, now back on windows 7

i need to see the agreement first

Google Photobucket, scan into your PC and upload

Remove personal details but leave in the figures

I need to some clarification please

1/ date on claim form

2/ date you acknowledged claim,

3/ date CPR 31.14 was sent to Hagarty, was it recorded delivery

4/ have you requested an extension as to CPR 15.5

I also need you to type out the particulars of claim

Has your previous employer delegated the claim to their legal/solicitors dept

If so, i would be debating it direct with them on any settlement proposal on a "Without Prejudice Save as to Costs" status,

They can only refuse any settlement offer, but may accept just to make the claim go away, but do not be greedy

Yes, the time frame will have expired on complying with the original SAR request

Ask them to comply within 14 days, that's reasonable

Your Ref: xxxxxxx

Dear Sir/Madam,

This is a formal request under the:

Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold, or whether you do not hold copies of the following documents pertaining to myself within 14 days:

· A copy of any Needs and Demands statement in regards to any insurance policy sold to myself

· A copy of the Statement of Price document listing the true extent of any insurance product, or charges for credit on any financial agreement with Welcome Financial Services Ltd

· A copy of any insurance underwriting sheet in relation to any financial product between myself and Welcome Financial Services Ltd

For the avoidance of doubt, an original signed document is just that; not a reconstructed or microfiche document from other sources.

Yours faithfully,

If the employer is now giving you a job offer, on either better or equal terms than you had previously, a Tribunal will see that as putting you back into the same position as to when the alleged breach occured.

If i were your employer and this went all the way to a formal hearing, i would expect to have a costs order awarded in my favour

What you have in your defence is that pregnancy related matters are classed as a "protected characteristic" Not having ongoing risk assessments etc will not look good for your employer.

Even though their is no lawful maximum heating level in an office environment, 26 degrees is far to high for anybody. That's Spanish temperature.

The legislation comes under The Workplace (Health, Safety and Welfare) Regulations 1992

The regulations state the temperature needs to be reasonable, 26 degrees is UN reasonable, the temperature should be a minimum of 16 degrees

If you can prove that office temperature were that high and you raised that issue due to your pregnancy, and the employer failed to address that issue, i feel you still have a claim. I would push that issue at any case management stage to see if they offer any sort of settlement. You can withdraw a claim at any time,

Raise the issue over temperature, lack of risk assessments, protected characteristics etc, you may end up with a settlement offer outside of the Tribunal from the respondent

But you need proof to substantiate any claims, it is down to the plaintiff to prove their case

Statement of Means and Price yes, Underwriting sheet NO, but always ask

Lets start playing their game now shall we

Send them another letter by recorded delivery

As them to confirm that they either do, or do not have copies of those documents. Tell them you are not making this request under the DPA 1998

BUT A REQUEST UNDER:

THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

If they do not have these documents then it is confirmed mis-selling of insurance crap, and charges for credit incorporated into the agreement will be called into question

You now have to ask yourself

What are Welcome trying to hide???

QUOTE

Work and pensions minister Esther McVey said: "With recent changes to disability benefits we need to make sure the appeals process is transparent and working well.

WELL I THOUGHT IAN DUNCAN SMITH WAS THE MINISTER RESPONSIBLE FOR WORK AND PENSIONS

Esther McVey Is the minister for the disabled, not work and pensions

This whole report and link from the BBC is nothing short of factual inaccuracies and subjective comments

Shame on you BBC for putting out this propaganda

Ask for a re-determination on their response

My local authority are fond of handing out that sort of reply, ask for a second opinion

That is exactly my point, seems Irritable bowel Syndrome must be now getting worried on all those successful appeals

Just putting the seeds of objectivity into peoples minds by the DWP, but based on nothing but hot air

Ball is in their court now

Keep your thread updated

I am now going to put the cat amongst the pigeons on this and question the authenticity of this story

The Contempt of Court Act 1981

prohibits asking members of the jury on how they reached their decision. I realize i have mentioned jury but a jury is a form of a tribunal, and tribunals in themselves are covered under

The Tribunal’s Court and Enforcement Act 2007

The jury is a judicial tribunal

It is important to take account of the fact that a jury is a judicial tribunal, and is expected to conform to judicial standards.

Lord Devlin (Trial by Jury, 1956)

A lack of impartiality would be a classic case requiring such action to be taken

So may i ask how a Tribunal can release, and make their decisions public??

The story is very misleading as it states:

Judges in England and Scotland are being asked to explain why they believe someone is unfit to work,

"Can they lawfully release that information"

And who are asking the judges??

i am making observations on this matter and not stating fact, and my conclusions are based on my own opinion

A contract of employment does not need to be written down, it can be implied. But a statement of particulars or hand book is needed withing 60 days of starting employment

Having no contract of employment is not a reason on its own for an Employment Tribunal, another reason is needed such as unlawful deduction of wages

It will give you the gateway log inn details anyway, then send confirmation through the post

Does the N1 claim form have a claim number and court seal

I believe you have to open a government gateway account now to access money claim online, but you need to confirm that

So you received the N1 claim form and the letter before action in the same envelope

THE COURT WILL SEND THE CLAIM FORM, NOT UNCLE BRYAN

IS THE CLAIM FORM LEGIT OR JUST A THREAT

What is the date of the letter from uncle Bryan??

What is the date of the n1 claim form??

What do the particulars of claim say and is a password on the claim form, and is the claim out of Northampton

Did the prove it letter get sent recorded delivery

Uncle Bryan is very litigious but normally withdraws after a defence has been submitted

He is regarded a a solicitor for rent to debt collection agencies with a dubious business ethics such as splitting claims

quote

Also I found out yesterday that someone from my work knows the deputy headmistress of my daughters school and they told her that I have been suspended and then the headmistress announced it in her staff meeting.

If that has occurred then the headmistress will face full disciplinary measures and probably a prosecution for a breach of the DPA 1998

Can you substantiate that or is it just subjective comments based on no hard evidence

How do you know the headmistress released that data at the staff meeting??

A bit of general advice

As already stated, compensation is awarded through the tortious actions of others. A claim for damages will come under two headings

1/ special damages, that is losses a claimant can quantify and have already been incurred

2/ general damages, that is losses that cannot be precisely calculated. That is any loss of future earnings and pain and suffering.

Any general and special damages together are known as pecuniary damages. non pecuniary damages such as pain and suffering is a lot harder to quantify.

The claim under tort is to put you in the same position as before the Tortious act took place. The Tortfeasor that caused the event will be held accountable

With a claim such as this you will have to quantify only the relevant aspects of the tort (special damages) clothing, bills attached with rectifying the tort at that immediate moment in time. If you had to use a hotel for the shower, change of clothing etc.

If you fail to put this in any claim, all you will be entitled then is "corrective compensation" putting you in exactly the same position before the event took place

Remember also, it is down to the plaintiff to prove their case on the evidence submitted

If you have signed authorization from an immediate manager/boss, he then takes over all responsibility. After all, that is why he is on a higher pay grade

Your manger/boss will have then breached any financial irregularities, not you

That is a standard corporate sensitivity response

They have a maximum time now of 56 days to give a full and final response to your complaint

Remember

The prescribed terms deficiency in an agreement is only applicable to agreements taken out before April 2007.

Any agreement taken out after this date comes under the CCA 2006 and section 127(3) has now been omitted

Always appeal

Follow correct procedure first

He has a TV licence

"on expenses"

They had a mass of registering defaults as mail order dated december 2012

Some of the defaults were originally 2008/2009

Seems they are registering the un-defaulted accounts when they are assigned the accounts, to prolong the life of the account as to the statute of limitations??

No idea why they have been all registered as mail order accounts though

Sorry

i am cut and pasting bits from my essay

The overriding question that keeps this debate going is that are juries seen as providing a factual source of gathering and debating guilt on the evidence presented. Do we have any direct evidence to support that statement, or is it nothing more than anecdotal, with no reasoning.