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About diaz101

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  1. Hi All, Many thanks for the advice, I have legal insurance and and curently awaiting the outcome of the grievance which is next week. When I saw the GP he had only a brief letter from my doctor and nothing from my surgeons as to my injuries which states that I will always have a prolapsed disc etc. With regards to the desk, I was only measured for a chair whilst working at home but the chair that the assessor and my osteopatch suggested was never purchased, instead a much cheaper one was which was still not correct,also after I raised this grievance my managers started to bully me and I was also told at the beginning of the year that I wouldnt get a pay rise as I was sick last year (ie with my disability, they also refused to give me a pay rise that was owed from two years ago because of the my managers inability to manage properly(he let the time elapse) To sum up I have been refused reasonable adjustments and a pay rise, suffered bullying etc. I'll update after the weekend as Im going to document everything, thanks for everyones help so far, but I now have some one who may take the case on, so fingersd crossed.
  2. Thanks big red bus, amended as requested. In answer to your questions. a) if discussing work performance, I work in IT and look after product which can be performed remotely which I often have done by working from different offices, my work ethic has never changed, what has changed is the management and their attitude towards helping me,my job title and description outlines the product i use and this has never changed, therefore I can work from anywhere in the world, but management habe taken it upon themselves to be as obstructive as possible. b)I have documented in emails the bullying and it had been noted by other members of staff, however as is usual they are reluctant to say anything in case they lose their own jobs. c) I qualify for higher rate of DLA with mobility and also carers allowance, and also have a blue parking badge, there is no such thing as registered disabled centrally anymore, my employer knows all this but they seem reluctant to acknowledge this. what would you advise to do next? to jon cris what do you think I should do considering I have a grievance soon, should i wait for the outcome or contact a PI solicitor and see iof i have a case, I did at the time raise the chair issue and pain etc., doctors letters suggesting adjustments with occupational health so there is a record of it being ignored, however it "went" when i got out of a car but the paiin was significantly made worse by the work chair and conditions, at one point my boss moaned about getting a foot stool for correct posture and I did not have a health and safety check in my new seating position, only an old desk position. Does anybody have a good solicitor i could talk to? thanks again
  3. Dear All Would you be able to look briefly at the following and ascertain as to if I may have a case to bring against my employers, Background Information In May 2005 I was involved in an accident and as a result suffered from three prolapsed discs of the spine diagnosed by MRI scan. This injury at the time caused extreme mobility problems, at one point temporarily paralysed and I was unable to walk at all for several weeks, I also suffered from severe pain to which I was given liquid morphine for pain relief, subsequently because of my injury I was unable to work and placed on benefits for two years, however through a course of physio therapy which lasted for several months, I made a partial recovery and was able to seek work eventually. I started working for X company (a very large subsidiary of a top 100 listed company), ) in August 2007, during my interview I made X (who later became my manager) of my previous medical history regarding my sciatica\ spinal injury. Whilst at work I suffered pain and had to fight my manager to obtain a ergonomic chair, however I complained that it was not correct for me and was ignored. In April 2009 I unfortunately suffered a major relapse and had to be signed off work for three weeks. Subsequently I asked if I could work from home until such time that I was able to make a return to my regular place of employment which involves a 1hour long train journey, 3 walks a a tube journey.Two weeks home work allowed after much deliberation and string words from my manager. However after that period I was told in a very aggressive telephone call and email that I had to either get signed off or go to work, I was then signed off for several months. I then had had a company appointed GP medical on 2nd July who subsequently stated that in his opinion I was not covered by the DDA, however at this time the medical did not take into account my previous medical history from the hospital consultants nor the MRI scan results nor any medication I was taking, in fact as I was trying to work from home I made every effort to seem as painfree as possible. Also my condition had significantly worsened since the medical to the point where I had even visited hospital and this is not taken into account, and I am currently in receipt of disability living allowance etc. I have two surgeons reports that say that I will have this condition for the rest of my life and several GP letters explaining my condition. Subsequently I raised a grievance after much emailing and this was heard in September 2009, with the result that I was to be ;allowed temporarily to work from home, subject to conditions.I reluctantly agreed to this as it meant that I could now start earning a wage. Since September 2009 I have been working from home, however during that time I believe that I have been subjected to bullying and discrimination by my managers, they have ignored me consistently for requests for help, ignored requests for information, ignored requests for equipment to help me work from home,told other workers not to talk to me, and it may sound petty but I was not even told about the Christmas party or invited to it and my managers have been very aggressive towards me. On Feb 2nd 2010 I raised a grievance for: Disability discrimination for not receiving a pay rise in Jan 2010 as per my colleagues, when asked about why I was not getting the same as everybody else, I was told that it was because I had been sick too much. Disability discrimination for not allowing time to visit hospital as per a reasonable adjustment and also to be allowed to work from home when possible.They are not recognising my prolapsed disc\mobility as a disability.I am also going to claim loss of earnings and for significant injury to feelings. I have also been the subject of bullying and since I have raised this grievance I have been banned from working from working from home because they have said that I am not working productively, which would seem very difficult to do given that I am being ignored, also its very strange because I was keeping on time with my projects and even starting work at 5am sometimes to help customers, in short I did everything I could to work from home and had resistance from both managers who seem to be in cahoots as they have been buddies for years and it seems like an an old boys network My date for the hearing is now in a couple of weeks. Its very difficult to detail in an email everything that has happened, there are many more things I could add but I would like to know if I have a case for claiming discrimination or even constructive dismissal as I feel like X company and managers are doing everything they can to force me to quit work. I have legal insurance and have to contact them if you think I may have a case after my grievance has been heard. Thank you very much for your time and if you are able to point me in the right direction I would appreciate it very much, edited to remove all traceable details, thanks for letting me know
  4. Hi Billy, dont worry, this seems to have been an issue of crossed post, I would follow silverfox's advice and write the prove it letter,again pointing out you have were not there at that time,after all this is a letter before action, which means bugger all. I can write you a letter before action and say all the things they have.Does that mean you will pay me the money instead???? relax,enjoy christmas regards ps there is also a letter that you can send to stop doorstep visits without your express premission, its in the templates of the silverfox post.
  5. This is purely I suspect a fishing exercise from them, IF they phone, where will they get your number from? politely explain that you only deal in writing and that if they continue to call, on what is after all, your private telephone number, that you consider it harassment. QUOTE the following "I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine." You can also add this to the letter i previously gave if they continue to call you. You dont have to give them ANY information on where you live or for how long,they can get this themselves, however, if your happy to give them this information and you are definately not liable for this utilities debt, then that decision is up to you, I however would not give them anything other than the standard "prove i owe it letter" Companies like this make money by scaring people into paying for things they do not owe. Until they can prove you owe the debt, just keep sending them the letters,likek I previously said, they will probably send a few more as happened to my GF, but if you genuinely do not owe the money,then they will get the message and leave you alone. regards
  6. Send them something similar to this: To whom it may concern, Ref: Insert Reference Here You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (Insert Name here). I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I now request a copy of your complaints procedures within 14 days, if you fail to provide me with these or I do not receive confirmation that you will no longer be pursuing this matter, I will have no choice but to make complaints to the Office of Fair Trading, my local MP, Trading Standards and the Financial Ombudsman. Yours, Dont sign, print your name. It is up to them to prove that you owe the money.If they cannot prove the debt is yours,dont worry. Send the letter registered,keep a copy,and be prepared for them to send another letter to you.They did this to my G\F several times before I sent them this letter, an then they stopped. DO NOT PHONE THEM EVER.WRITING ONLY AND SEND REGISTERED. Advantis are well known for this. hope this has helped Advantis Blank.doc
  7. Thanks Silverfox, i thought as much, i just wanted to get clarification off someone more knowledgeable than myself, much appreciated, for the record it was buchananclark and wells on a fishing trip i expect, and hoping that i would be dumb enough to pay it. There were no CCJ's on my credit report so its definately SB, cheers
  8. hi All, would somebody be able to clarify the following situation for me please. I recently checked my credit file and I had a default registered by company A in Nov 2003, I have not made a payment on this account for well over 6 years. Suprisingly (not!) after checking my file, I have company B sending a letter, a "Formal Demand" no less for payment of this expired debt. My question is whats the best thing to do, is it a) ignore the letter from company B completely b) send company B the statute barred letter and tell them to go away politely c) something else? and finally, does the default from company A get removed automatically after the six years? if not, what do i have to do? and can company B add another adverse mark on my credit file? many thanks in advance, and I would like to say that after getting some help from this site previously and winning my case in court, I decided to study law with the Open University and I have just started, so thanks very much to everybody who helped me regards
  9. Hi All, I have a default on my credit file from Nov 2003 for £269, how do i remove this? Will this disappear after 6 years from my file this November?or should i pay it and get it marked as settled? im trying to get a mortgage, so i would like to know the best to get this removed, as this seems to be the only bad thing on my report,my experian report is in the high 800's, so im worried this might affect my application. many thanks in advance
  10. PS how do i add this to the won section or Sd's???
  11. cheers Nottsdave, now alol i have to do is wait and see if i get my costs in time, otherwise i'll send in the bailiffs!
  12. Just to let everyone know, i went to court and WON! i got the judgement set aside, Capquest didnt even turn up, and i got costs of 400, so my advice is listen to everybody here, don't give up and beat them at their own game, if we haven't done anything wrong and there chasing debts illegally etc. then lets start winning. many thanks for everyone help
  13. Dear All, I have now received a reply to the CCA request that I sent. I have uploaded the link to photobucket. They have defended that they now have proof etc. Whats the best course of action, as in the statement they say that they have signatures on a signed copy of the credit agreement but also on the application(statementpart1, paragraph 3) but they have not provided the HBOS agreement , only the application form. This seems odd as they say they have sent me the signed agreement but in fact have only sent me the application form. If this is the basis of the argument, and as I understand it, the agreement/application is not valid because it does not contain all the required details, whats the best course of action for me. What do I do next, as I feel that once again Capquest are not actually acting in a lawfull way, they have not provided proof that they own the debt etc, nor provided the me with all the paperwork. Do I apply for the paperwork using the civil procedure rule? Any help on this, and working of a letter to them would be very helpful. Many thanks for your help http://s599.photobucket.com/albums/tt71/simondiaz_101/?action=view&current=CapquestSetAsideReceipt.jpg http://s599.photobucket.com/albums/tt71/simondiaz_101/?action=view&current=CapquestsetAsideSentToJudge.jpg http://s599.photobucket.com/albums/tt71/simondiaz_101/?action=view&current=CapquestStatementPart2.jpg http://s599.photobucket.com/albums/tt71/simondiaz_101/?action=view&current=CapqueustStatementPart1.jpg
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