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phaitun last won the day on May 10 2015

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  1. No reply to my email or letter to the council. Not been well and havent got a phone to call them found a letter folded and pushed into my letter box this morning dated and timed last night Big red writing with the threats of coming and taking my stuff etc So Mr Swifts bailiff had a call from a friends phone. I told him there was a vulnerability notice at his office and should be shown on my alleged account I asked his name and how long he had been working there? Name given and only 3 months as a Bailiff. How can i check that he is certified and part of their welfare department? I will go to the council in person this week. Take them details of everything and try to talk to a senior member of staff. I am considering taking Swift to Court for harassment, they had the vulnerability notice and a 16 page report from a consultant psychologist. PTSD type symptoms manifested themselves again today and now the fire has been lit right up inside me. With nothing better to do with my time, as an early retiree from govmt. agency due to mental ill health i am now about to embark upon a full blown investigation into this outfit. Utilising my skills from 20 years working for a government agency investigation dept. I will give them my full attention now, having previously worked investigating serious and organised crime and as an advisor on the human rights aspect of covert surveillance Swift had better be beyond reproach, they would be well advised to act in accordance with the law and ensure all their bailiffs' vehicles are fully insured for the purposes that they use them for. Friends and family in the police have been informed that these fools are using their private vehicles for bailiff work - insurance is therefore null and void - strike 1 These scoundrels have rattled my cage too much now - i took on my previous employer in tribunal and won despite the odds and a huge legal team behind them. First thing is to seek advice from my ex union and current retired staff association as to whether my subs will cover legal costs to sue the bully (as an individual) that came here and posted the threatening red letter through my door. He is obviously on commission and therefore responsible for his own actions and not acting under some sort of deferred liability of his employer. Ah well, another battle against bullies, scoundrels and con artists. Will keep this thread updated as best i can considering my mental ill health. Luckily (or unluckily, depends on how i am feeling) , my illness manifests itself into obsessive researching and a kind of OCD where i deal with these matters with such intent and so obsessively that it keeps my mind busy and stops me from going completely crazy and becoming violent towards the bullies. Professor who has examined me actually encouraged this type of mental 'diversion' as a form of 'release' of the pent up anger. Oh dear Mr/Mrs Swift. I hope you are always playing buy the rules of your scavenging business. Bully boy agreed to giving me a further 28 days to liaise with the council but only after i gave him the warning about ensuring he has the correct insurance on his vehicle, the tyre tread is correct, water bottles and fluid levels are full and also the fact that i will be taking an unhealthy interest in the company and him personally. Information submitted to the Police already. Freedom of Information request is in to Trading standards and the police regarding complaints about Swift Credit. Anyone else who may hold information about complaints made against this company? I will send in a FOI request and build a picture of their 'tactics', maybe even get a mate to 'work' for them over a few months period, to get the inside scoop of their operation and procedures. I have nothing better to do with my time and TBH this will help keep my mind occupied so the devils cant create their mischief
  2. thanks dx, i will call them monday. If they (Swift) do have a liability order, can this be 'disputed'? I would rather not get into another lengthy legal battle, i've been through a lot over past few years and despite my burning desire to fight bullies all the way i am mentally fragile and have aged well before my time. I will have to consider the effect another ten rounds vs bully boy council and bailiffs will have on my health when weighed up against just paying them so they p**s off and i can then try to get back to some resemblance of good health. Not the best position to be in i know, i just want to be left alone to try and rebuild my life.
  3. Hi folks, long time no posts. Been very ill with long term major depressive disorder amongst other things. The story. Was long term sick from civil service, put onto half pay which was paid by SSP from November 2015 to may 2016. During same period was 'single' as ex wife upped and left because of my sickness in 2015 (nice of her to support me) Applied for single person CT relief and was granted, although there was part of a joint bill still outstanding that i owed. Nobody to advise whether i could claim full relief/benefit due to being on SSP for that 6 month period. Didn't make any claim, couldn't cope with life. My head was well and truly gone. My mental health took a turn for the worse and i was off work for a further six month period where i had zero pay, no SSP but managed to keep myself housed and fed by borrowing from family and friends to pay rent and ate basic food; all whilst i was dealing with a legal issue regarding my early ill retirement issue with legal assistance from union. During the zero pay period i had claimed ESA although only received payment for about a moth before it stopped. I didn't know why it stopped; the guy at the hub said i was getting it. My mental health was bad and i just went along in my own crazy little world, out of it on my meds for chronic pain and depression. Didn't care, was suicidal and in self destruct mode in many ways. Eventually i got pensioned off in November 2016. Lump sum paid into bank and approx 1k monthly ill health pension is being paid every month. I had 20 years service with civil service dept before retirement. So, still away with the fairies, still very sick and still on the happy pills i had cash in the bank and some income coming in to eat and pay rent whilst i find a cheap house in the auction to live in without a mortgage by using my lump sum to buy a small house outright. I was financially able to pay back friends and family so paid them asap as the relationships were starting to get strained. I didnt want to lose the only friends i have, being chronically depressed you need some support and life is lonely enough as it is. Out of the blue last week get a letter from ESA that i was to be put on contribution based ESA from November last year which was to be back dated and they also paid a back dated sum for all the payments they didn't give me that were due from June last year until last week. This has been now been swallowed up in other debt payments. No explanation as to why i wasn't paid Now i have some pension money in the bank for a house, a letter that says i am and was entitled to ESA from May 2016. During this time i did not pay council tax, couldn't pay it as i had no money coming in. I had previously wrote to the council and told them of my woes although i cant recall ever making a claim for benefit using an official form. I had told a council guy on the phone once that i was getting ESA because of zero income. Then i had a note from Swift so i sent them the report from my consultant, a vulnerability notice that i had got from another bailiff over unpaid speeding fines (another long story) together with an updated report from my doctor, which cost me money. Now Swift have been chasing me for council tax from 2016-2017, after i sent them the forms and consultants report i heard nothing until they turned up yesterday. Arrogant young kid, i had taken my meds so he was lucky i didn't take his head off and shove his recording device camera up his jacksy!! I have these turns where i lose control when under any kind of pressure from perceived authority figures. At 140kg and 35 years in martial arts and a champion boxer in my youth the community psychiatric team have their concerns although i manage well with my meds. Anyway......................... I paid the outstanding bill from when my ex wife and i were together. I kept the Swift kid outside event though he asked to come in. No warrant no entry. He added on a fee to what i had owed in council tax and i took that one on the chin. I told him that i disputed the other outstanding amount because: A. I was entitled to single person discount during the chargeable period that they say i owe. B. I was claiming SSP and then ESA for the whole of that chargeable period and should have had some reduction C. I am vulnerable and have little in the way of support. He says he will come back in 2 weeks after i contact the council. I have written to them via email and they have not yet replied. This Swift goon was talking about £1800+ no way i owe that!!! I can and will pay what i truly owe in CT out of my pension lump sum, however i don't agree with paying any charges, paying any more than i was supposed to pay bearing in mind that i was on SSP and ESA at the relevant time. In any case i don't want these people at my door, it sets me off, the hairs go up on the back of my neck and i don't want to hurt anyone, don't want to get locked up so that's why i keep away from conflict as much as possible. I have sent them my vulnerability and psychologists reports previously. I never called their office because i was so wound up, in any case experience tells me that i will get nowhere with the call centre staff as they are mostly buffoons and scoundrels that try and hoodwink people into paying as they are also on 'commission'. I would have ended up getting even more angry and that doesn't help. My head went after he had gone and i had another mini breakdown. Got the knives out of the cupboards etc. Was supposed to go to my brothers wedding today but cant face the world so cancelled at last minute Will i get anywhere with this battle? I have read numerous threads here that state that once its gone from the council to the Bailiffs then it is out of the councils hands. I don't agree with this as the bailiffs are collecting on behalf of the council and are therefore 'agents' of the council under contract. Regardless of my point of view on the matter, how can they (Bailiffs) try and extort an alleged debt (CT) that i don't actually owe (based on the fact that during the relevant chargeable period i was sick, claiming SSP and ESA with zero income) Long story, bad situation for me. I don't want to evade my liability, however i also don't want to pay that which i don't actually owe! Especially to scoundrels like Swift, sending out these young athletic steoid type men trying to intimidate and hoodwink people. Any advice welcome. Thanks
  4. The footage should not have been shown to your friend unless anybody in the footage other than the subjects had their faces blanked out, especially more so with kids involved. Surveillance product should be tightly focussed on the subject and if the surveillance should fall upon anyone outside of the subject then that surveillance should be edited before being shown to a subject. If the DWP suspect that your family are criminally connected ghdn the surveillance is ok but your family members need to be included into the RIPa authority ASAP. Surveillance of kids is generally a no no as is filming someone getting dressed/undressed or going about certain private situations such as having sex or going to the toilet. As always with these things it needs to tested collateral intrusion can be justified but there must be steps taken to minimise this such as not focussing on your famy etc. seen cctv operators get into some real trouble by zooming onto members of public who may be wearing revealing clothing etc. Why was your friend under investigation? Was it a disability issue or a claiming whilst working issue? To follow someone taking their kids to school on foot and record it is usually unnecessary unless for instance they were being picked up at the school and taken to work or similar. It's worth making a complaint if you are up for a fight but it will be a drawn out process to the surveillance ombudsman or the office of surveillance commissioners!
  5. Contact access to work and get them on board, this will have the idiot managers worried sick that an independent assessor is looking at reasonable adjustments, a workplace ergonomic assessment and other issues. Your stress is also being caused by the managers actions, get help from access to work for that also and get it recorded as being down to bullheaded attitude of the dinosaurs that are managing you. May be worth joining a union and also getting some independent legal advice as it appears they are trying to bully you out. That comment about you being forbidden to take sick leave is a classic! Would be great if that is formally recorded somewhere? I am sorry to hear about your disability I suffer from a similar set of symptoms and tried to help out my employer by going in etc! Not a good move on my part as my goodwill backfired when my Ill health retirement question was raised I hope it works out for you. The more 'independent' people that get involved the better. Access to work are contacted through the Job Centre
  6. You need to try and get the role profiles/job specs for those other roles asap. If you have any access to the companies policies and procedures handbook I would get them too together with any Generic Risk assessments made. I am sure the Union guy would have access to those documents if he is still an employee. Either that or get a mate still working their to source them for you. IMO they sacked you off because of your disability and quite clearly acted unlawfully. I would be preparing to go tribunal
  7. From your post I guess you are some kind of IT specialist or similar. If you have a contract and the laptop is included as part of the deal then imo you are entitled to keep it until they comply with their part I.e by paying you. Iwould send them a renewed invoice for outstanding work, detailing everything you are billing them for. Give seven days to pay. The offence of theft is basically appropriating property belonging to another with the intention of permanently depriving the other of that property. Simple really you will return it when they pay. So there is no intention to keep it permantly! I would send the armchair lawyer that definition of theft under a separate letter stating that you feel their threats are an attempt to unlawfully harras you. You will only deal with the matter in writing of through your solicitor. The libel issue is also deemed as unlawful harassment which you will be forced to report to the police if it continues. You are untitled to keep the laptop until payment is made as long as it represents either the full value of the work or part value. Research the law of property acts. The laptop issue is civil and not criminal and they're trying to fool you into submission. I would also reply that their threats of legal action are vexatious and again a form of harassment as it is they who have breached their contract by withholding payment for services supplied. Start to organise a file with all records relating to this business relationship in date order and keep on top of any letters or deadlines that are required if they decide to issue a claim. Read every document, clause and contract very thoroughly and pay attention to micro details as in my experience there is gold hidden amongst the minutia! Being organised is crucial with issues such as this, a few hours sorting out the paperwork can save months of paper tennis if they decide to litigate. As others have said try to be reasonable in all matters but IMO the laptop can be kept until they pay your invoice. I will keep my eyes on this thread with interest.
  8. There is also the injury to your mental health that should be taken into consideration, you say you were sick, did this last long? Did you take sick leave? Are you still suffering? All these things need to be addressed. Until these cruel bullies are made to pay for their actions we will never rid society from bullies
  9. I would immediately request that any details of your arrest be removed from your Police National Computer record. All DNA and fingerprints taken be destroyed together with photographs taken and the ID parade stuff. SAR the Police for all paperwork relating to the case minus witness name and address etc SAR CPS for the same. SAR Social services for all records and information that they hold on you, ask the ex girlfriend if she will help you to clear your good name as social workers have no right to say you had other offences etc as they can oy give info under Claire's law that is factually correct. All facts would be discussed at case conferences and other meetings with minutes taken and written reports made- all of which is disclosable under Data protection. This is a Human rights issue and you may need to speak to a specialist lawyer. The Initial police CAD incident will have first descriptions etc recorded on it and so should the officers pocket book. Basically if you really want to fight for this you need to get as much paper as you can from all of the relevant parties go through it and then approach the human rights charities or the Pro Bono Scheme for specialist human rights counsel advice. Sounds like a real nightmare. Try to get a human rights MP and some decent press on board also. Really sorry this has happened to you
  10. The reason I would get a claim pack from one of these claims companies is that you will get a feel about the infoation needed to make your claim. The questions they ask would provide an outline for the particulars of claim if you think about going it alone. Any Union membership your dad had may also have carried over into his retirement so thereby be a fund for legal insurance. House insurance may also cover legal exes rather than Pay 40-60% of any compensation to a claims handling company
  11. Loads of claims companies cold calling people who had worked in industry offering to claim on their behalf, if I was in your position read up on industrial deafness and then get a claim pack through the post. Make the claim yourself then as long as it has merit. There may be info on health and safety executives site as well as industrial injuries goverent site.
  12. Horler v Chief Constable of South Wales Police is an interesting ET case. Not binding but is being referred to at Tribunals as very good guidance.
  13. Have you been pensioned or dismissed on grounds of capability. Also if you have funds or union insurance that will pay for it lodge a claim at the ET for unfair dismissal and disability discrimination. Ppp What matters with your disabities is the effect on you doing the job not what they perceive is the effect. If it's a health and safety reason then this should have been properly assessed as outlined in my comment above. Loads of stated cases at the employment appeal tribunal and court of appeal etc where someone who didn't want to and they should have found another role for you even if it meant moving someone or giving you a job higher than your grade as long as you could do it. A
  14. Have you been pensioned or dismissed on grounds of capability. Also if you have funds or union insurance that will pay for it lodge a claim at the ET for unfair dismissal and disability discrimination. What matters with your disabities is the effect on you doing the job not what they perceive is the effect. If it's a health and safety reason then this should have been properly assessed as outlined in my comment above.
  15. You could appeal the termination in writing on grounds that at the very least there should have been and ergonomic work place assessment carried out by an external assessor (usually provided by access to work via DWP) this would have been conducted by a qualified occupational therapist/assessor who should assess your role, it's demands, it's mechanics, stresses on your system etc and then reviewed that against your medical diagnosis, prognosis and also a full functionality assessment which may include the assessor monitoring your condition and its effects upon you throughout a usual working day. Depending on what that report said then if in your favour the company could and should then conduct an individualised risk assessment of the role, your conditions, the medical reports, the access to work report and the companies off health report. I do not know of time limits to appeal terminations based on capability but there should be capability procedures in your staff handbook etc. Sounds like a typical public sector Occ Health management fudge up of these things. Do you work for public sector or a very large organisation? I would appeal straight away, learn the employee relations act, the employment act and the health and safety act, sounds like your Union guy was useless too.
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