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scouseseamus

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  1. Hello all, I am looking for some advice and guidance about a forthcoming employment tribunal I have for unfair dismissal. The case is simple, I was made redundant in November after being switched departments to facilitate the redundancy along with very strict timeline to pass my knowledge on to colleagues to mitigate risk. Less than 1 month after my last day of work I noticed that my position was being advertised on various employment websites. So I have sent the ET1 form off and received a hearing date for June. The process dictates that I need to send a letter detailing exactly what compensation I am looking for. Initially I thought the compensation was for up to 3 months wages, but I have since learnt it goes from the last date of employment to the date of the tribunal. But it will need to have some calculations completed to remove any wages I have received in the new job I started 1 week after being made redundant. I have completed these calculations but I am looking to see if anyone has a template letter that I am able to use as this letter will need to be sent to my previous employers. I believe I have an excellent chance of winning the tribunal even to the point that the company may consider a compromise agreement prior to the actual hearing. Any further advice would be appreciated. Many thanks in advance.
  2. I totally agree, it shouldn't have been on the road. What I have done is not fair on my wife who is definitely fuming at me for not telling her.
  3. Hi there, The insurance was cancelled at the end of the policy because the last payment couldn't be made due to large debt situation.
  4. My wife has just been pulled over for no insurance. She does have a license, MOT and TAx, but no insurance. So the car has been impounded and she is about to get a fine and 8 points on her license. The problem I have is that she wasn't aware that the insurance was cancelled. As she has suffered from depression for a while I stupidly didn't tell her that the insurance was cancelled so she was unknowingly driving without insurance. I am willing to make a statement to the police to say it was all my fault and not hers. Would this help at all with the impoundment or the points and fine? Also as we are on low income (only I work) would there be any way that we can pay off the impoundment fee and daily charge.
  5. Ok, new update on this one. The police sergeant advised me to bring a civil litigation complaint against both the Debt Collectors and also Merseyside Police. Anyone know of a decent legal aid solicitor who would look at this case?
  6. If you have a look at this site below it proves that foot in the door is forced entry direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289 I have the sergeant visiting me this morning so will be gathering all the information together and will post an update after the visit.
  7. Thanks for your help with this people. I know it will be a hard one to prove to anyone, especially if they close ranks with the officer. I am willing to carry this one as far as I possibly can, I know I am in the right, however as already been posted above, knowing and proving are 2 completely different things in the real world. Hopefully the officer will have entered into his police report that the DCA gained peaceful entry by putting his foot in the door. If that is in the incident report then I will have them by the short and curlies, if not then it will be difficult.
  8. Thank you will ask if it can be escalated to an inspector if the Sgt turns out to be an idiot. However, he has spoken to me a few times and does seem genuine.
  9. My wife attended the doctors yesterday and has now nreceived different medication to help her sleep and manage the extra pain.
  10. Oh I will be doing that, got a mountain of paperwork printed today, to show exactly where the gits have broken the law and possible infringement my human rights.
  11. Just after a bit of advice on this folks. On Monday Night I returned home to find a bailiff with his foot jammed in our front door and my wife asking the bailiff to remove his foot. I then went over and asked them what was happening, and they advised that they were here to do a walking possession of my house for rent arrears owed to a private landlord. I advised it was in dispute (It isn’t, but first thing I could think of), He didn’t believe me at all. After about 10 minutes of asking him to remove his foot from my door he finally did to allow my 7 year old son to go into the house. As he done that I made sure he couldn’t get his foot back into the door. Then the bailiff called the police reporting that a breach of the peace was happening. At no point did I threaten or use any kind of threatening behaviour to the bailiff. Whilst I then went inside and phoned the police to advise that a bailiff company had attempted to force entry into my property. My wife then explained that when she opened the door the bailiff put his foot in the door and asked for myself. She said “I don’t know who you are and please remove your foot from my property” which the bailiff refused to do on several occasions. During the 5 minutes or so that the bailiffs were stood on the doorstep with their foot in the door, they were pushing the door and have caused my wife’s back condition to be unmanageable. The police turned up about 30 minutes later and the bailiff sat in the car speaking to the constable. Then the constable asked if he could come into the house, and like an idiot I let him in. He advised that the bailiffs had claimed that they had already been into the house. Which they hadn’t. I advised the officer that the bailiffs had attempted to force entry into my property which he did not believe. After a bit of arguing about the law he went outside to speak with the bailiffs. I went with him and was told that I had to go back in the house. I asked why I was not allowed to hear the conversation when I had an express interest. The office advised that if I didn’t go in then he would arrest me for being obstructive. At this point I went back in the house. 5 minutes later the officer knocked on the door. I let him back in carefully to be sure that there was no way that the bailiff could just force there way in. The officer then advised me that he believed that the bailiffs had gained peaceful entry and when he left the property he was going to allow them into the house. I argued with him advising that the bailiffs had not gained peaceful entry, but had attempted force entry and thus trespass. The officer wouldn’t have any of it and said, whatever happens the bailiffs would walk in when he walked out. He wouldn’t even leave by the back door to allow me to ensure that they didn’t just walk in. When the officer left I stood in the door way with 1 bailiff stood half into the hallway. I put my hands up in the air and stated “I am not denying the debt, I am just refusing you peaceful entry into the property”. The police officer then dragged me out of the door way and had me held over a 2ft fence whilst the bailiffs then entered my property. Whilst I was outside 1 of the bailiffs threatened my wife with Social Services saying that she was endangering my 18 months life by holding him. The bailiffs walked round and took the serial numbers of the non essential equipment. Whilst this was happening I phoned the creditor and arranged a payment plan with him that the bailiff agreed with. The bailiffs then left the property without leaving any documentation. My whole point to this is: 1. The bailiffs have attempted forced entry (A foot in the door is forced entry as per the direct.go.uk website. 2. At no stage did the bailiffs show any identification to either myself or my wife, however the officer was satisfied with the paperwork he saw. 3. Did the police officer act illegally in allowing them into the house. 4. Did the office assault me by dragging me out of the house. 5. Did the bailiffs cause actual bodily harm to my wife by worsening an existing condition. 6. Did the police conspire with the bailiffs to commit forced entry illegally. I have made a complaint to the relevant police force, and a duty sergeant will be visiting me tonight to discuss this. Any information or guidance you can provide by 8.00pm tonight would really help me out.
  12. Hi Chris, Thanks for the replies. I have an appointment with our local councillor next week (He lives in the same street as me) and he is going to see if he can get it passed back to the council. With regards to paying the council on-line. I have heard a couple of times that if you pay online it won't go off your arrears but will go off this years bill or even next years bill. Do you know whether this is true? I also read that once the bailiffs/DCA have a liability order then we have to deal with them direct. I can pay the £100-£150 each month and can keep it up until the debt is paid.
  13. Hello all, I'm hoping that someone here will be able to help me out of a situation. I haven't paid any council tax on my property for the 18 months that I have lived here. This is mainly due to having limited funds. After receiving numerous letters, court summons and DCA letters (Which I ignored) I received a hand delivered letter from Marstons Bailiff advising that they would now be attending with a locksmith to remove goods. I then decided it was time to take my head out of the sand and deal with the issue. My wife (Who is co-debtor) spoke with Marstons to get an arrangement to pay the debt off and was advised that they will only accept a lump payment. After a bit of arguing and a few tears my wife spoke to the council who were also very unhelpful and said because we hadn't paid anything they were not prepared to listen to our offer and we had to deal with Marston's. We have spoken to their Bailiff on numerous occasions and for once he has been a very nice and helpful person who has given us an option of paying a lump sum and then paying the rest by instalment. We then tried to get a loan, but due to my bad credit we have not even been able to get one with high interest. (In a way I am glad we haven't). We had a loan agreed and was waiting payment, but the loan company has now cancelled our loan. We have kept the Bailiff informed every week. But now we are in the position of not being able to offer a lump sum. I don't want to get heavy with the bailiff as he has been very good to deal with, but I also don't want someone coming into the house and taking goods. I haven't got much of value and the only things that are of value are my kids toys. At the moment I would be able to afford about £100-£150. Does anyone have any advice on how we can deal with this. I have about a week before I have to go back to the bailiff. And I will say one again that all of this is my own fault.
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