Jump to content

 

BankFodder BankFodder

letsmakeamark

Registered Users

Change your profile picture
  • Content Count

    1,973
  • Joined

  • Last visited

Community Reputation

80 Excellent

About letsmakeamark

  • Rank
    Classic Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Thanks for replying . These are the answers : 1. Solicitors had decided not to proceed on the first one as they said due to legal costs involved i should issue the claim. 2. I was taking a delivery on behalf of a well name brand. Employer was contracted to them. Injury was due to moving heavy goods. I sustained Rotor cuff injuries but cannot confirm as only have had a Basic Scan. I did not have any training by employer for handling heavy goods and from what i know no risk assessment has been carried out. 3.The claim was dismissed as i did not follow the protocol and was unable to provide a POC as i couldnt get my self assessed by a specialist and serve a POC before the hearing. 4. Personal circumstances. 5. No neither injuries are related. I did a lba but was unable to disclose any medical info apart from letter from gp and copy of report from sonographer. I also did not supply a POC. I had instructed a medical company for to allocate a specialist however after serving the claim i was told by the company"they were not allowed to take self referrals" which shot my claim down. However i did apply for permission to file and filled the N244 incorrectly due to personal circumstance. I did not do anything until the hearing when i got a judge who listened to what counsel were saying and counsel sited a court case where litigants in person are no longer treated as lips. The judge agreed and dismissed the claim. The judge also had infor on the previous claim which was dismissed. I was told i have had two bites at the cherry. Hearing was 30 minutes long at the max and the judge was more nterested in what counsel had said.
  2. I was involved in a legal spat against my previous employers for a injury. However I had had one of these no win no fee companies acting. After preparing the paperwork they told me they could not issue and sent me the paperwork. I issued it but did not include a particulars of claim . This claim got dismissed and summary judgment for costs was given against me. This was not to be enforced without permission of the court. I had a second injury which happened in 2016 which I issued a claim my self after letting 2 specialist companies handle it. They again let me down and I issued off my own back but was unable to provide a specialists report into the injury etc. This second claim was dismissed and I was ordered to pay costs. I have now put a N244 application in to have set aside and have a date in Feb next year for the hearing. Both sets of solicitors have been extremely helpful. Here is goes the snag : I reported this injury via email to my area manager who refused to acknowledge it. I then took this to the HR of the company and again they acknowledged the email but no reply to it. I then passed this chain of emails on to the person who was dealing with it at the insurance company again it got passed from pillar to post. Until now. Trouble I have us I have claimed against my former employer and Thier client for the injury. However as the area manager never logged the incident. The employer is or was not aware of this. As the employer is not aware they did not make their client aware of this. However for some reason the employer's insurance company are fighting this despite providing proof of the injury being reported to in the first place. I have not been assessed by a professional apart from my own go sending me for a scan and some physio. I have been told I have double rotor cuff years but these have not shown on a normal scan I have been unable to get a orthopedic surgeon to assess me as they require a referral from a go or solicitor. This is now getting annoying where solicitors for the first defendant (employer) will not budge and admit they have misled everybody over this. Also how do I get myself assessed ? This is a long story but I do not really want to start to name shame the companies involved unless I have to.
  3. First defendant has filed acknowledgement and also has applied in a similar way to the other defendant for a strike out. However a request for judgement has been submitted for this pre the acknowledgement.
  4. I have been served a copy . No hearing date as only happened in the last few days.
  5. So what do i do with the application to strike out the claim ?
  6. This has now been going on for some time. I was injured at work a few years ago. That night was my last night at work. The following morning i did not go back. However i was never able to report the accident. I did try to twice via email and several times via phone but each time i was turned back. This claim went to three no fee no win companies who all eventually said no chance to me. I was never medically checked over by a expert. I was however assessed by a Physio and had the injured area scanned (sonar) via gp. However before the three year limit expired i had a claim issued via the ccmcc. I then served this on both parties with a scan report i received. Believe me i did do my research in this. what has happened is as i did not have any expenses i did not attach these just a POC but i forgot to attach any medical evidence etc. I haven't been able to get a expert to say what is what. The claim forms and POC were served in time. However now one defendant has come back three weeks after service asking me to extend this. Their acknowledgement only went in recently. The other defendant has asked for the claim to be struck out on the following basis : To strike out the claimants claim for failure to comply with practice direction 4.1 (service of schedule of loss) and 4.3 (Service of medical evidence) of part 16 of the civil procedure rules. to pay the defendants costs of and occasioned by the application, to be subject to detailed assessment, If not agreed. What do i do ? I do not want to name the defendants etc.
  7. Well after starting this thread and giving it a good once over (paperwork). It has now come to our attention that other things are a miss as well. Which this report highlights. I would really not take the website as being rock hard proof. As it does not cover every scenario.
  8. This directly points to exactly that. Witholding evidence from the defence and not investigating either .
  9. Re My previous comment. Found this article : https://www.independent.co.uk/news/uk/home-news/police-crown-prosecution-service-disclosure-lawyers-trial-a7846021.html
  10. According to recent reports. Police are witholding vital evidence from the defence. which results in defendants being told to admit the charge for a higher percentage off towards their sentence. More here : https://www.independent.co.uk/news/uk/home-news/police-crown-prosecution-service-disclosure-lawyers-trial-a7846021.html Here as well : https://www.theguardian.com/law/2018/jan/24/more-than-900-criminal-cases-collapse-undisclosed-evidence-cps-police
  11. when you filled the forms in did you tell them that you would have problems climbing stairs etc ? If so then you need to contact the office that will be doing your assessment and tell them. Also tell them about the problems you are going to face when attending for a assessment. Once they have been told they should move your appointment to another office nearer to you. I dont think your pension is affected but if you have a pip award till 2021 then this shouldnt be affected. This assessment is for your ESA.
×
×
  • Create New...