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Everything posted by sam1888

  1. Hi Becky, Hi, I am in this same situation right now. What can I do? I have not signed the COT3 and was not aware that once wording was agreed it became binding, I thought it was only once signed, and now I feel duped. I dont want to sign it, and they say unless I do I dont get any payment. So its a trap by ACAS, they should make it very clear that wording becomes binding they did not. I did not have legal advice, and how is that fair to me, when ACAS should be there to make sure both parties are fairly treated. Just seems so wrong. And he just says case is closed now, but how can it be, Ive not signed or any payment.
  2. What happened in your case? .. .. I am dealing with a neighbour issue too and they have dug in their heels. I am weighing up whether to instruct or lawyer instead of trying to do this myself. All that you wrote ThedaBara is a huge amount of research and work, I'd not really know enough about it. (To do with encroachment on my property and damage to plants (to include labour) where the neighbour sprayed a whole side of my plants with black fence paint. Can anyone suggest, is it really best me even trying on my own to resolve this, the neighbour has a lawyer and i feel to add weight to my words I may need one too, but of course they are costly.
  3. Hi, I am in an exact same point. Had an appeal rejected, and made a review request, also rejected and it seems the only appeal route is a judicial review to the High Court, what type of review or fair process is this for PCN appeals. Madness. The council, Harrow, only sent their defence papers to me with ONE working day's notice and next to the bank holiday, so there was no time for me to get advice properly for a defence, how is this even fair!!! This formed part of my appeal and review request but all rejected. I'm a layperson trying to do legal argument and jargon. Can someone tell me for legal things are you always better getting a legal person to assist? Even just for the added weight? So so unfair.
  4. Apparently I am in a grey area. I called the eat support, they said it's a dilemma only for me, the ELAAS does not support ARO (appeal from the registrar), the lawyer has said they dont mind if two people do it. So either I pay for someone to do it all, or pay for them to do part of it. I just don't know.
  5. Hi, The problem is one was out of time, due to my rep at the time not telling me about the 42 day limit, so I have to appeal from the registrar for an extension of time, this is the main one, and apparently not covered by ELAAS, and then i have a couple of 3(10)'s too that were in time re other decisions, the other side are present due to ARO and they have threatened costs of £5k. I am in a dilemma, due to the ARO part, if it was just the 3(10)'s yes ELAAS, there is no guarantee they do it for you, only that they turn up to advise you. BB - are you a lawyer? & employment?
  6. Is there a contact number for ELAAS, as I'd like to find out who if anyone is representing me, and if they will on the hearing day?
  7. Hi, Can you message me please, as I have a case, and am deciding whether to pay someone to do the oral hearing or wait for the ELAAS, it looks like your person got in touch before hand, so far no one has for me, and I'm not sure I can cope with someone turning up only 1 hour before and finding out. Is this the normal process? After all what happens if they turn up and said they won't represent you?
  8. You are only guaranteed they turn up for a 1 hour meeting, they can still choose not to represent you.
  9. Well mine is still with the wrong court, the judge didnt transfer it to my local court. This is just so exhausting. Do you mean you have a solicitor who did that chat or how did you resolve the wrongly thrown out counterclaim? I can't believe the amount of errors, etc. The whole mess is also because they have not processed things in enough time despite numerous times I told them. Yet this letter they sent me says to reply if any issue within 7 days, yet the 7 days was gone before I even got the letter. Yet for them, they had months and still didnt process the documents.
  10. Agreed I need a solicitor, though for a small claim you shouldn't. There isn't a lot to scan up, so not sure it's useful, basically the QC railroaded it, and the appeal has not addressed that. Crazy. I'm going to see someone tomorrow, hopefully they can point me in the right direction.
  11. The appeal was asking for the original thing to be set aside as it was not done properly at all. What happens by setting aside the appeal in writing without a hearing? You then have one with a hearing, and I am then at risk of the costs of a QC for half a day + more. Would I have to pay another £115 to apply to have the appeal set aside? This is a nonsense process, why did the judge just not do that at the appeal, he can surely clearly see things were not done correctly. How do I apply to set it aside the appeal, any idea?
  12. I just heard back from part of my claim, they are just refusing it saying "having read the grounds of applea i can see no challenge in law to any or all of those directions". And goes on to say he declines it as having no reasonable prospect of success. under rule 3(7). But then states "your attention is drawn to rule 3(8) and 3(10) of the EAT rules. I'm just wondering if I have not explained it clear enough or with enough legal references and maybe i should resubmit it via a lawyer. Thoughts anyone?
  13. Hi, sorry didnt see your question, it's to find anything from them, as the court isnt seemingly giving disclosure. They have disclosed some documents but still not all of them. I have now reported them to the IOC for investigation and non-compliance, apparently there is a 3-4 month delay due to backlogs of complaints.
  14. :!:Update: heard back from the small claims court appeal, judge hasn't understood the appeal it appears, in that there is nothing in his reply relating to the fact that I was railroaded and it was meant to be a case management hearing that has somehow transformed into a full hearing, and not moved to my local court which it should have. It goes on to say how you can apply to set aside the decision, the judge was entitled to rule as he did, case dismissed. Though he hasnt understood that I didnt have a fair change to put my case correctly. Any suggestions what can be done? I rang the court admin staff they said to write to the Court Manager and explain and ask them to look into it all. As it was the court process and delays that meant I got no disclosure and no witnesses and it's not even in my local court either. Is this the law of the UK and small claims process?
  15. Do you have any idea how easy they are to prove, e.g. had it been within the 3 yr limit? I had it all logged with the doctor, etc, as being work caused.
  16. Which court is a personal injury claim logged in too?
  17. How would I be able to find out whether there is an exclusion of liability clause? Would I need to ask the QC/that firm, whether there was a Terms & Conditions I signed. I dont remember it being brought to my attention. Unfair again!
  18. Hi Becky2585, i) You are correct, it was "injury to feelings". So does that mean I would have any way had two separate claims, one for the injury to feelings and the actual personal injury? ii) I guess I could have taken it to a solicitor and paid, not just use the no win no fee people. Is that a strict deadline too, e.g. where you have a mental stress related injury, it seems unfair the clock starts ticking when you are still recovering. 3 years it not long enough in a situation like this to know your rights. It seems really unfair given the severity of the injuries, are there no expections, e.g. where there was an ongoing ET etc. iii) it should really be 3 years from the awareness of your right to sue, not the injury itself. That is extremely unfair, as I did not realise the clock had already started running, or that I even had such a possible claim. It just didn't occur to me, as obviosuly I was unwell and first and foremost trying to get better and my life back on track. iv) I most probably wouldnt sue someone who assisted me pro bono but I didnt sign anything that I recall (though i may be wrong on that), what do you mean re the exclusion of liability, even for something like this where he should have in time advised me of a claim, and now I have possibly totally missed a very valid and more solid claim on something significant? It would be useful to know, at least now, what my rights were in such a situation. v) And why if someone does it pro bono is that exclusion in place, as although its done in good faith, as here where there is a huge omission, I am left at a disadvantage with no redress?
  19. Yes I have just done that, and they are not interested as the possible claim is over 3 yrs old. So they are sending me an "information pack"!!!
  20. Hi, it was bullying, discrimination related yes. But what happens where you couldnt prove it in the ET, ..... can you capture it the other way is what I am saying? Or do you mean only where personal injury is negligence related, I guess it is a form of negligence on the part of HR, e.g. I should have been referred to Occupational health too by the company but wasn't. Someone mentioned that the other option is to sue the QC for not advising me of this, which I guess is the reality, but not sometime I really want to do as he was doing it pro bono. So am I stuck with that 3 year deadline?
  21. Hi, Can I please ask you to check something in respect of an oldET case, and the personal injury aspect to it. The way it affected my health was, lots of stress related injuries logged with my doctor and it resulted in me going to counselling, etc: “and in this time I temporarily lost my sight, and I now have to live for the restof my life with the condition of visual migraine that can reoccur and hassince, as well as numbness down the left side of my body similar to a ministroke, aged 33 years”. - So quite severe, as a result of the bullying and discrimination too, as well as thegeneral deterioration in my health. - A QC who took it uppro-bono, but we were not successful in provingthe case, various reasons not relevant now to mention. Anyway,it went on for a long time the ET case. - Awhile after someone mentioned I could havesubmitted it as a personal injury claim too, I hadn’t realised I could havesubmitted a personal injury claim in respect of the damage caused to my healthwhich had been all logged by my doctor at that time too. Unfortunately I thinkthe QC originally has totally forgotton about that aspect of it, as he wasfocussed on it being wrapped up in the personal injury element of that ETclaim, which had it won it would have done. - Just to know, was there anything I could havedone, the last illness being summer 2005 in relation to that, is the rule youhave 3 years I believe now to apply to claim against the company? Are there any exceptions, e.g. where a person wasn’t aware the clock doesn’t start ticking onthat, or was mentally unwell for that rule to be fair. - Basically is there anything I can do about it now? I suspect not, even if to know what the rules are for such things. Also does the same time line apply where it's a mental distress injury and so part of that time is gone recovering anyway.I did soon after the 3 year period when I realised ask some of the no win firms, but none were interested but I had other things going on in my life by then and couldnt look into this properly. Any pointers would be appreciated.
  22. 1) On the link you posted re this process, you say about a transcription service, do I need this? 2) I went for a case management hearing, and have got somehow railroaded by a QC and it turned into a full hearing at some point and I lost. With no disclosure given, and no witnesses, despite paying for that process/application (£45). 3) I believe I have to appeal to set aside the judgement, and I have 21 days, this would be friday. I have been waiting for the written judgement but it has still not arrived. 4) I intend to drop in the papers and fee, just to cover it all off. Any help pointing in the right direction? Also do I need a lawyer, as the claim value is £5k, and I really cant go against a QC, clearly. 5) From your post are you saying if you appeal and it goes against you I could be hit with their costs? 6) In the hearing I did ask about how do I appeal, at no point did the Judge refer to requiring permission to appeal, only saying I suggest you get some proper legal advice. i.e. he didnt refuse or grant it. Note the judge did not say it was granted or refused. - wow such a confusing process for a small claim!
  23. Hi, Can anyone reacommend a good lawyer in the NW london or nearby area?
  24. Hi, I made a request to the recruitment agency for a subject access request in line with data protection legislation, and sent the £10 fee, recorded delivery. Can anyone help? I received this reply today from them: DearSamantha I amin receipt of your Data Protection request and your formal complaint dated 26thJune 2012. 1. DataProtection You are not entitled to all the documentation relating to you as this requestis far too wide. If you identify the categories of documents and the dates, recipient and senderand search words we can search for e-documents. We do not hold paper records in a structured set of records and therefore yourrequest for any paper records does not fall within the ambit of "personaldata". PersonalData means information which – (a)is being processed by means of equipment operating automatically in response toinstructions given for that purpose, (b)is recorded with the intention that it should be processed by means of suchequipment, ©is recorded as part of a relevant filing system or with the intention that itshould form part of a relevant filing system, (d)does not fall within paragraph (a), (b) or © but forms part of an accessiblerecord as defined by section 68, or (e)is recorded information held by a public authority and does not fall within anyof paragraphs (a) to (d). ‘Relevantfiling system’ (referred to in paragraph © of the definition) is defined inthe Act as: anyset of information relating to individuals to the extent that, although theinformation is not processed by means of equipment operating automatically inresponse to instructions given for that purpose, the set is structured, eitherby reference to individuals or by reference to criteria relating toindividuals, in such a way that specific information relating to a particularindividual is readily accessible. Our paper records are not in "a structured set" and are not "readilyaccessible". Soif you can clarify by those parameters requested above the 40 day periodrequired under s.7(8) of the Data Protection Act 1998 will then start.
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