flooz
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Everything posted by flooz
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Thanks Rebel, think I've got it now.
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Ok. Can't do it as a pdf, as I don't seem to be able to edit the personal information from it. I've a vague recollection of posting as an image from photobucket, but I've forgotten how to do that
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Will do CitizenB, I'm trying to remember how I used to do it. I'll sort something out and re-post.
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My husband has been in dispute with Cap1 for several years, as they never managed to produce a valid CCA. Didn't hear anything from them for years, then suddenly, the attached letter was received today, and we're not sure how to proceed. There has been no notice of assignment (but we have moved home, twice, so they may not have the address, although CSL seem to have found it relatively easily). Can anyone advise what our course of action should be please? Many thanks. [ATTACH=CONFIG]49506[/ATTACH]
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I guess so. Went through some of the other threads and picked up that an 'unenforceable' test case failed, as well as the moral issues (which we've always been aware of).
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Wow, it's a long time since I've been here, but now I must post, as I need some advice please. I'll try to be brief. Some years ago, OH and I went down the SAR route for a copy of an agreement on a northern rock loan. As far as I recall, the agreement was deemed 'unenforceable' as there was no cancellation clause within the body of the agreement, and the loan was arranged by internet/phone. Major change of personal circumstances, resulted in payments of £10 per month being made, rather than get into yet another 'agreement is unenforceable row' with NR. Marlin have now purchased the debt, so the SAR was re-started with them. Of course, the same agreement has been received without any cancellation clause. I'm now obviously looking for the best way forward. When Northern Rock became NRAM, there was a point when a full and final offer was made to them, after an offer of financial help from a family member, which they declined (not sure if that's relevant). Ill health and unemployment means it is unlikely that our financial situation will improve (unless a lottery win happens). I'm very out of touch with what's happened over the years, test cases, etc. and would be very grateful if someone could point me in the right direction of what to do now, please. Many thanks
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Provision of disabled parking bays
flooz replied to flooz's topic in Local Authority Parking and Traffic Offences
Thanks Stu, I've had a brief look, and think that will be very helpful. Interestingly, I've seen that 'on street and pay and display parking should be free and without time restriction', yet our council puts a time limit on it. Green& mean, ours is a small, historic market town. Yes, the roads leading into town have yellow lines, they are also narrow and have loading restrictions. Contrary to popular belief, a badge holder cannot park where they want (although, I'll grant you, some do). I am very conscious of the rules and abide by them ..... But I expect my council to do so too! -
Provision of disabled parking bays
flooz replied to flooz's topic in Local Authority Parking and Traffic Offences
Thanks again. I wonder where I've got this 5% of parking in my head then? I'll have to write in words of equality for access to disabled people, or similar, then. -
Provision of disabled parking bays
flooz replied to flooz's topic in Local Authority Parking and Traffic Offences
Tried that Connif, to no avail -
Provision of disabled parking bays
flooz replied to flooz's topic in Local Authority Parking and Traffic Offences
Thanks Jamberson, I have previously written to my local council about the lack of provision of disabled parking, but they've failed to adequately respond, which is why I feel it would be beneficial to be able to quote specific legislation which may make them sit up and take notice. I've phoned (again) today, only to be told that they have no legal requirement to provide designated parking for disabled, and I don't believe that's correct. Somewhere in my mind is that a minimum of 5% of the parking must be designated disabled parking, but I'm not sure where I've got that from. The only thing the council have suggested is that I 'report' it as a hate crime! -
Provision of disabled parking bays
flooz replied to flooz's topic in Local Authority Parking and Traffic Offences
Yes they do, but there are two issues with that: 1) there's never any available, as non disabled people are using them ;-), and 2), there's no space to open your door (many disabled, like me) have to open the door wide to get out of the car. -
My local council is decidedly un-disabled friendly, and I'm trying to enlighten them. In my local town there is an open area, a market place, which mon-fri is parking, and also has 3 disabled bays. Over the last year, there have been major works, which are expected to continue for another 6-9 months. During this time, there has obviously been considerable upheaval, although parking is still available. But, the disabled parking bays are being used by the contractors to store the various pieces of equipment they need! Having spoken to my local council, and suggesting there should be alternative provisions put in place, they have informed me they have no legal requirement to do so! I do not believe that is correct, but in order to address the issue, I need to be able to quote relevant legislation in a letter. Can anyone help and point me in the right direction of appropriate laws? Similarly, the council suspend the bays every Saturday to allow a market to take place, fair enough, we need the market, but again, no alternative parking is available, which essentially means disabled people are excluded! I'd really like to educate the council, if that's possible!
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Apologising was the first thing I did once I found out what he was doing, and my friend totally understood, I still feel bad, but I have a huge respect for the law and had to do what was 'right' in that respect. It's very complicated to explain on a forum (or in the typed word) but I guess the employer is trying to make himself 'a victim' and me look bad (it used to be my business). And, of course, there are always customers that want to gossip, or have their own opinions, or add 2 and 2 and get 7. lol
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Sorry, forgot to say, I did actually broach the subject of how I came by the information with my friend, before the hearing, although didn't directly ask, and their opinion was I should do what I needed to do. I still feel bad about it though.
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It's ok, I don't deny breaking a personal confidence; and it wasn't easy, and I explored every other avenue first. The new employer was telling porkies, and it was obviously important to prove that. While I could have just said I had information to support what I said, I had no choice but to provide the documents, otherwise it would simply be his word against mine. Not for one moment did I expect the documents to then be shown to every customer that knows me. In my opinion, the problem of confidentiality would never had happened if the employer hadn't told porkies in the first place. And, of course, I was on oath to tell the truth, and in my book that takes precedence.
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Sort of; we are talking a small business, sole trader. I'd asked a friend to find out about takeover dates, which she did, through a friend of hers that used the business. The second friend 'didn't want to get involved' and didn't know the first friend was passing the info to me. But she does now! And the photo's were taken from facebook, from a customer of the business, and used for comparative purposes, to prove the business was the same, and therefore a tupe situation. So, not company documents, which could be classed as confidential, but it's the 'personal betrayals' that are causing repercussions. Does that make sense?
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Ah! I sort of thought that as an ET was open to the public, there wouldn't be any confidentiality with the documents. It's nothing exciting, but personal e-mails, in which information regarding the purchase of the business was divulged (it was a tupe case), info that was given to me freely, but it means I betrayed a confidence, which is now common knowledge, and the use of photos found on Facebook, and the relevant person is also now aware they were used, and has retaliated, badly,
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Good afternoon. I have recently acted as a lay representative at an ET on behalf of a friend of mine. In short, we produced records of personal conversations, which proved the employer was 'being economical with the truth'. The employer, has taken the bundle of documents and is show showing them to any tom, dick or harry, which is having repercussions on both myself and myfriend, for 'betraying confidentiality'. Obviously, had the employer not lied in the first place, none of the personal documents would have needed to be revealed, but alas, others can't see that. My question is, quite simply, should the documents remain confidential to the ET, or is it absolutely fine for them to be shown around?
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Thank you both. It's a complex situation, and part of an ongoing ET case, involving TUPE. The business owner is denying liability for the employee anyway. But has mentioned that, in any event, if a TUPE occured, the employee would have been made redundant immediately, as he doesn't 'employ' anyone. But, I'm pretty certain that the daughter is paid (difficult to prove though) and is doing the same job, hence my question.
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Good evening. Without boring you with all the details, can someone point me in the right direction to a possible unfair redundancy issue. i.e. The job isn't 'redundant' but the owner of the business wants his daughter to work instead of the employee (he's intimating that the daughter is 'helping him out'). I've a feeling that I've read something that implies this would be an 'unfair' redundancy, but I need to know what legislation to read and research, that would confirm that. Can anyone advise please?
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OK, thank you. Am currently preparing a letter to the ET stating why it shouldn't be struck out. Haven't a clue what to put at the moment, but hopefully I will gain inspiration as I type! ;-)
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Thank you ibruk. I can't see the point of requesting it to be struck out purely because surely the whole point on going to a tribunal is because the 2 sides can't agree! But the late exchange of docs did happen :-s TBH I'm amazed that the employers solicitor hasn't advised them to accept responsibility, with the evidence we have in docs (and in theirs too) it would be virtually impossible to say 'a relevant transfer' hasn't happened.
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I'm helping someone with an ET claim in relation to a TUPE situation. The respondents solicitor has applied for the case to be struck out on 2 points; Failure to exchange documents within the timeframe, and The case has no reasonable chance of success There was confusion on the exchange of docs and they were sent to the ET within the timeframe, as it wasn't clear they were to be sent direct to the other side. They were sent to the other side as soon as the mistake was realised with an explanation and an apology. Surely the whole point of a tribunal is for them to decide who is right and wrong? What happens with this application to strike out? Can the ET just agree to strike out or do they have to write and ask for any explanations? Thanks for your help.
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OK, thank you Becky. We shall ignore it but respond to the ET if they do make an application.
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I think it is too. My friend doesn't have legal representation and they know that. They've also highlighted the £500 fees deposit the ET can ask for, again, I think to try and scare. Do you think we should respond to the letter?
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