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About debtdebtdebt

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  1. I see where you are coming from.....it is unfortunate if we have to come down to the evidence part but I am certain if I have a compelling enough argeument it shows a good reason to challenge the decision. Employer responded to my original statement of the facts and my grevience so I know on what points they will make thier case. In addition I also have the HR (puppet) department on my side too, they are a bunch of novices who stomp around all day hiding behind voicemail and email......its clear the americans work the strings they just have to find a way to apply it in a convincing manner. I am personally aware of several running cases challenging the legitimacy of their actions. A significant and well developed attitude to pushing their luck and evidently well known to the EAT. I look forward to putting my case forward....
  2. OK to answer some items raised.... I am English and was working for an American company. Accompanied by almost 200 other colleagues redundancy was my fate, and as far as I know they fulfilled all required legal elements - notifying DWP/government, consultation group of staff to represent (?) the colleagues (ha ha ha ha ha ha....what a crock!) and all that stuff. I can indeed provide positive evidence to confirm the person is doing my job and performing exactly the same function no problem. In fact there was so much work we were overrun and the company had to hire 4 contractors in total! In short more than doubled available workforce/resource to fulfil this function. So this confounds the element that there is actually the work to sustain the job function....or why it was made redundant. I understood employers are required to provide evidence to refute any reasonable allegations - I am being unfairly dismissed after all!! Finally point taken regarding employee coming forward to provide evidence as an employee - I can count on 3 persons to coroborate this fact.....they can and will sign something and surely be able to register their confirmation via an independant means to maintain their anonimity. Just the very knowledge that this is a very real prospect should show them I am playing for keeps here and pulling no punches
  3. Great site and I continue to use the excellent services that are a real lifeline to many..... After the formal process of selection and notification I was advised my position was at risk/under review and possibly being made redundant. when the designated consultation period of 1 month was over I was advised due to a business re-organisational my role and thus I too was being made redundant. Redundancy was paid as notified in a letter and I was required to leave immediately not required to work notice. I think they call it 'PILON' - Pay In Lieu Of Notice? About a week or so later I returned to the company as I have many friends still working there to find a contactor doing my job - same desk same function pretty much identical except that he was not an employee. So here the plot thickens. I need an experinced opinion on how I proceed, I am not impressed. I can report I have seen this sort of behaviour before by this company - they have a very poor record with many acrimonious departures and highly illegal practices applied to this very day. Perhaps being US in origin explains a little more, as they do feel they have done the 'right thing' here but I am sorry I feel I have been taken for granted and poorly treated in contradiction of UK employment law Specifically an experienced answer to or assistance with.... 1. Is this allowed - circumstances for redundancy were quite literally created as a means to justify a business end? 2. The position was 'transferred' to a contractor not made redundant or eliminated surely TUPE applies or comes into force here? Some basic info - an employee for over 4 years, conditions were clearly indicated as redundancy and in no way linked to perfomance or misconduct or otherwise. Economic conditions - business had recently made a large aqusition of about $900million and restructuring, but there was no cross-over of new aquired businesses employees the role nearest comparable was performed by contract staff. In fact if anything the workload was increasing very rapidly which makes it even more unbelievable. Organsiational - contractor literally filled my void in every sense and action in how he performs his function and duties. Even the same bloody desk and chair! He is also member of the team I had belonged to. I have read TUPE 2006 and feel I may have a case to answer....any comments suggestions support or useful info is welcome. thanks you :o)
  4. FINAL UPDATE thanks to all those in forum land who helped and assisted. Towards the times when I really did need help I found myself flailing around libraraies CAB and other venues seeking the al important mythical advice to break these SOB's. Several months after the whole sorry crock I received notification the claim settled awarded in favour Cowards, oh and while I am on that subject a rather cosy exchange took place before I was at my final appearance at court. Very very cosy....in fact HC had spoken to the judge and did not even bother to challenge or contest the evidence I submitted. I am a lost wiser and lost more swuicthed on to the vagaries of these 'para-legal' organisations and thus will NOT be bitten again. Its all behind me now the stress of this my impending job situation etc, etc, etc - that was it.......almost until.....I find myself rather keen to claw back all the money I paid into the so-called payment protection insurance that protected me against nothing! It was the very crux of my pain and anxiety, obviously mis-sold nor did it do what it was sold to me as....so any advice on getting this started is most certainly welcome. Sorry all it is not a tale of happiness and joy....more tribulation and woes
  5. Let play devils avocate here....say the request is dismissed/denied. Would I have any recourse to continue or take any further action?
  6. Requested and permitted the opportunity to file an ammended defence which has resulted in another hearing date. To clarify do I need to completely re-submit the full defence with any ammendements and suppporting arguments documents etc, etc again to serve to both court + CL now? Still have time...appreciate any help:)
  7. blind-as-a-bat, Thanks for the advice on that, I am just waiting now....apparently 14 days then I the Court if nothing..... Just have to wait and see. Happy New Year to you (and all)... my first post of 2010!
  8. Request to Set Aside filed with court today, now waiting. Anyone an idea how long I wait before I contact court for status update, or is this usually pretty swift? thanks DDD
  9. Well hypothetically that may be so...or not, but more tangible and readily available evidence - my own Credit history indicate the default date - 8th September 2008...ooops!
  10. Ta, I did recall seeing this, but couldnt recall who or what....LOL!!!
  11. Picture this...... Lets say hypothetically I a DN has been issued and found - what would the resultant be from that point onward? Apart from the fact it proves the document suggested by CL finance is a fabricated and a forgery? Comments please or direct me to a similar thread.....
  12. Time up tomorrow 30th Dec for definite. I propose to request for the action to be Set Aside due to forged DN, coupled with complete lack of response/disclosure to both the court and me when requested or ordered. The reliance upon the forged DN is still to be proven that it was ever served or proof of it. I am also asking for court to reconsider my amended defence as the huge scope of latitude permitted to the claimant to file the 'so-called' DN more than 2 months after the court ordered it....and was permitted! Surely if the Claimants DN is allowed then my defence 1 day late is a 'drop in the ocean' and justly the DN should not be admissable?
  13. hi dizzyblonde, What a result! Watching this with interest - I am proceeding a claim with this mob, subtle difference was never served a DN at all!!! As your DN is an admitted forgery they have at least mislead the court and you, wasting the courts time and require to be punished for this. With a sworn witness statement as to this being a true copy - this is illegal! Do not assume the court wil arrive to come to this conclusion, waste no time in questioning their credibility and press for immediate strike with the most severe punitive action. Many posts regarding invalid DN's - but check with ST member for more authoratative response on how to proceed now your DN has appeared. Could be a problem if that you have admitted you actually have the original. However I dont claim to be an expert on this (like you) best get an experts viewpoint;) Good luck!!
  14. Thanks super snooper + ski1382, I was worried that may be the case, I am now waiting to make a call to the court office to confirm definitively when my time is up. If present circumstances are anything to go by it's unlikely to be in my favour. Your comments are appreciated....thank you
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