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k13 wjd

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Everything posted by k13 wjd

  1. quick one for you guys. ive had a read over some advice on here - my inlaws got a £60 parking ticket at a airport hotel in glasgow. sent by post. Then upped to £150 Now a letter from debt recovery plus LTD. Vehicle was in the car park for ( and i'm not giving the exact time) but less than 30 minutes. they never left the car. After speaking with a few mates, i told them to ignore the whole thing, as they all told me nothing would happen in scotland..... Is that in fact correct, Or incorrect. If incorrect, can someone will point me in the right direction......... Thanks once again!
  2. let me re-phrase. what should i look for IN a lawyer/legal firm.....
  3. looking to make a medium sized personal injury claim after an injury last year - which is still affecting me on a daily basis. no idea what to look for in a lawyer/PI claims firm. Specalist ? It was a fallen object on a construction site FWIW. should i check my home insurance for personal injury claim cover, or will that result in higher premiums with no real benefit ? Look forward to pointers ;-)
  4. Judgment Respondents shall pay the claimant the sum of xxxx being the holiday pay due to the claimant from xxx to xxxx. Employment judge xxx had indicated in a previous judgement that this was the only outstanding claim the claimant could make( there was a claim brought forward for unfair diss which was dismissed based on worker status.) Last wording. In the circumstances the tribunal award the sum of xxxx being holiday pay due to the claimant. No mention of further claims etc, no compromise agreement.
  5. Thanks for that link, clears up the 3 month issue. R.E res judicata, is there any specific wording in the ET judgement I should be looking for to clarify. I'm not 100% on res judicata, but my understanding is that it means a claim has been brought forward, and has been resolved in. A court, so hence can no be brought forward again. Kind of bloke double jeopardy?
  6. The sender has no financial intrest in the items. FWIW it was paperwork that I had initially sent to them for verificiation, which they verified ( thus giving it the value) and sent it back to me ( and it went missing) I have no written contract with them. Bazza - If the postman has directly caused the loss of this paperwork, Surely i have the basis of a claim from RM.
  7. long story short. My employer sent me arond £1k of "work" using signed for royal mail service. After a week, i hadn't received it. Phoned employer, they sent me link to tracking site, where it was clear the item had been signed for. Not by me. No neighbours signed for it. A week AFTER this my wife found a royal mail slip behind the door saying " item in blue bin" Obv there was nothing in the blue bin. So where do i stand. RM say its only insured for £50. employer has now washed their hands of it, and ME ! I'm not pointing a finger here, BUT i have had signed for items delivered to my address before without me ever having signed for them....
  8. to be 100% sure, I'm not sure WHY the et claim is limited to 3 months. I shall need to investigate this closely. I once again thank you all for your ongoing input.
  9. They did not use any representation at et, and looking at their productions, I doubt they took advice either. I'll await payment from the et. if they fail to pay in the 40 days then small clsims is a certainty. Other than that I guess it's risk vs reward on the remaining..... if it is classed as already settled, then the other side could counter claim right?
  10. The judge, at the prehearing, gave me worker status, and in her judgement, restricted the claim to the last 3 months of employment. this was not a claim for unfair deductions, it was a claim initially related to unfair dismissal, but failed on the worker status( hence the holiday pay being a second prize) They have not paid the judgment amount as yet, they have another 10ish days. My original ET1 did claim for all the holiday entitlement, but surely that doesn't have any effect on a small claim after the event ? Thanks for your input guys.
  11. sorry, outstanding pay (I meant outstanding holiday pay) the et limit claims from those with worker status to 3 months. my actual full entitlement was 9 months. I claimed 3 at et, leaving me 6 months out of pocket. add on 8 weeks ssp after an accident at work, and the value of replacement items.... and suddenly its a fairly decent sum. What are the time limits for claiming in a court?
  12. So, after my ET hearing, I was awarded worker status, hence I was also awarded 3 months of holiday pay. Awaiting payment, but well within the 40 days. Does this worker status, and subsequent rights, give clear passage to a small claim for the remaining holiday entitlement(6 months) and possibly ssp. I can't seem to find decent information regarding timescales etc for such a claim. The employer also has a number of items belonging to me value around £500. Repeatedly asked for these to be returned, and offered to pay for a courier. My last ET paperwork contained a clear reminder about the subject. I presume I can bring this to a claim at the same time, as I have given plenty of time and scope for their return. Not sure how I would prove their existence though....
  13. Also - can i lodge a data protection request AT the ET hearing ? Or am i pushing my luck ?
  14. Yeah, my SOL ( which forms the vast majority of my paperwork bundle) includes both calculations, but justifiys the gross payment with a copy of my income tax statement. Surely the award should reflect my ACTUAL loss ? This is going to be a quick ET hearing. Essentially the only thing i'm now entitled to is holiday pay.......Which is a shame, as the respondents statements are FILLED with lies from the word go....Lies which they themselves have proven to be ( 2 statements from them, which vastly contradict each other!) Any way, thanks for your help !
  15. Cheers - i couldn't see this one to begin with, hence the double post. I've also got a question about this 3 month rule having been classed as a worker- the ET has suggested that i can only claim holiday pay of 3 months - Best way to calculate 3 months for means of the SOL ? 90 days ? 12 weeks ?
  16. Right, ET on Friday, Already had prehearing to determine worker status, and as such, am entitled to 3 months holiday pay. Bearing in mind that in the tax year that is relevent, i did not go over my allowance, and the holiday payment would NOT take me over it, Is it reasonable to request the ET to award the payment GROSS Thanks in advance
  17. Just one more. Just doing my Schedule of loss for the hearing next week. I know that a ET will normally make an award based on the net values ( I.e after tax etc has been removed) I intend to ask for the award to be GROSS, based on the fact that i did not pass my personal allowance in the taxable year in question. My tax return is in hand, so i can prove that any tax that i would have paid on the holiday money would have been paid back in my rebate...... As such, by being paid NET, i would lose out, but by being paid GROSS i would not. Any ideas ?
  18. So, let me set the background. A friend of mine has some serious issues, owns a house with his wife ( who has left him for some 4 years). mortgage well in arrears ( now intrest only payments taken from his benefits) He's getting letters asking him to have a valuation done by the mortgage company ( they have been in talks for over a year) If i wanted to purchase the property, and my friend agreed, how would i go about that? This is a circa 220k house, with an oustanding mortgage of 145k including arrears. If i simply called the lender, and offered to take a new mortgage out in my name, for the amount owed, and have the property signed over to me......That clears the debt, and everyone is happy ? any advice welcome
  19. Thanks for that info. I think they want a compromise agreement to stop any PI claim which i could make after an incident last year which we are both already aware of. I presume any award made by the ET at the full hearing has no compomise/confidentiality agreements included ?
  20. I've got a small claim ongoing for PPI from an old egg CC. They keep telling me they need proof of my new address to send the cheque out, this being bank or building statement gas/elec bill council tax bill (all dated within the last 2 months) I don't bank in paper other than CC's The gas/elec bills are both online, and if i do have a paper statement, its like 6 months old the council tax is in the wifes name. Last time i send them the following, hoping it would suffice A copy of my UK firearms cert A copy of my UK shotgun cert my last virgin CC statement a copy of my driving licence Now forgive me if i'm wrong, but surely these 4 items prove its my home address. The home office don't give out firearms tickets without some pretty serious checks ! Any ideas how i can move this forward?
  21. I 'THINK' i was reasonable in the refuasl - I refused the payout via ACAS, as they wanted me to sign a compromise agreement, which could/would have been detrimental to a future personal accident claim. Their offer was circa £50 above the amount the ET judge suggested i am entitled to. I'd rather still have the right to claim a PI, and still have the right to tell whoever i like that they are entitled to annual leave. Thanks for your input becky - though i'm wondering if you can reference the inability to claim loss of rights as a worker. I need to read over the judgement again to make sure i'm not missing something.
  22. I'll expand a little. The original claim was for automatic unfair+constructive dismissal, on the grounds of a major health and safety issue. The pre-hearing was to decide if i was employed or self employed - hence the worker status. (I REALLY wish the outcome was employed, i could have proved their witness statements as false!) Not 100% sure i agree with the worker status, but then i guess i am biased. there was a 6 week period of sickness during my employment - which was related to an accident at work - but the ET judge ruled this was a contract period for some reason. Anyway, the ET judges ruling of worker status ONLY entitles me to holiday pay that i would have been entitled to, and is limited to 3 months ( being counted from the termination of work) They DID try to settle out of court, but wanted me to sign a non-discloure doc AND a seperate compromise aggreement. Through acas, i suggested a figure of settlement that was a little less than double 3 months holiday pay. Any employer with a breif would have settled on the spot at that figure - they have 10 guys working with them, and it was very much in their intrest to keep this away from the 10 guys working for them who ARE entitled to holiday pay ! they offered me a sum a little over my entitlement - which i strongly refused. Without giving out details relating to the employer, i was consistantly berated for the period of time i worked there, and was submitted to very dangerous working conditions. I'd much get a minimum payout, but force the company into paying all guys holiday pay !!! So, back to my question - Loss of rights - I really can't seem to find much info on if a person with worker status can claim for loss of statutory rights during an ET.
  23. Ok, i'll cut a long story short. Worked for a company for a year, never got paid holidays, was paid under the CIS scheme. Had a pre-hearing last month, and the ET judge ruled "worker" status, and as such indicated i was entitled for 3 months worth of holiday pay. Full hearing date now set - I'm wondering if there can be any loss of rights compensation for a person with worker status ? Thanks in advance !
  24. i'm in the middle of an ET for this just now. I was declared as not "employed, OR self employed" but a WORKER - meaning i was entitled to holiday pay !
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