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OneDrop

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Everything posted by OneDrop

  1. I called the LL and they sent someone round. But I have a gas cooker that needs checking too and the last visit was only to repair the boiler
  2. Exactly. Why wouldn't I want it done? It has had a repair done to it a month ago (not sure if that counts) but regardless, they're welcome to come and inspect it at anytime. Issuing an abatement notice makes it seem as if I have been obstructive but I've lived here for 11 years and I let them in every year so why wouldn't I now? That's what they need to answer, not me. I don't know why I've been served with this crap
  3. Yes, circumstances as you describe, appealing on several grounds, 1st being the issuance of the notice isn't justified, 2nd being the time given for 'compliance' is insufficient/unreasonable and lastly the conditions which need to be satisfied to issue were never satisfied as they could not have been. I'm sending evidence too. The landlord has rushed to this course of action without checking their facts. I could just call them again now and make an appointment (apparently that will make the 'problem' go away) but I am annoyed at this threat of le
  4. Ah I see, OK yes it says Magistrates, I have managed to find one at last so I'll send there. Thanks for your help. I would have thought this was a civil matter but actually I just noticed the letter is from the Crime Enforcement Division lol, (these people....who DO they think they are?) I'll send the appeal out next week and then wait for this silly notice to be quashed
  5. It's civil yes. So the notice says I can appeal to a Magistrates Court, just wondering if the County Court was the same thing?
  6. Hi all I have received an abatement notice, it isn't for noise but for access for a safety inspection. I'm going to appeal it but got a bit of a daft question first, I'm just wondering if a County Court is the same as a Magistrate Court? I'm looking for a Magistrate Court to deliver my appeal notice to but my internet searches keep throwing up Courts with the name 'County' in and not 'Magistrate', are they the same? Just want to be sure I'm not sending my appeal to the wrong place. Thanks
  7. I don't know what grounds that's why I've asked for clarification from the OP who said that s/he is treated differently from other staff hence my request for more information on that.
  8. Haha I like to ask for an admittance fee of £500, seeing as they only collect £20 if they sell you a licence on the door it's clear why they never want to pay it. Or say my name is Donald Duck, they never seem to want to write that one down. Sometimes they're running away as soon as you pull out the camera so there's no need to say anything.
  9. Hi and welcome, in future PLEASE post here first before taking any action. If you want to claim constructive dismissal (which even if everything is done right is difficult enough to prove) you can't hand in your notice and work the notice period or even part of it, the circumstances usually must be so unbearable that you simply can no longer stand to work even another day there and so you resign immediately and in the letter you make clear what has caused you to resign (i.e. the employer breaching your contract). NOTE: Don't just go and do that now since you've already handed in your notice
  10. In future don't let them in, look through peephole or window and if you don't know who it is get start video recording upon opening the door. Don't answer any questions, don't sign anything and as soon as they've identified themselves close the door. Sorry to hear about this, unfortunately when you try to do the "right" thing this is what they do, they work on commission as I understand it and so no matter how genuine your story is they're gonna do you if given the chance so it's a waste of time talking. I agree with the advice already given, just plead guilty now but next tim
  11. Ah I see, I saw this http://civilmediation.justice.gov.uk/ and didn't consider there were other options. I suppose not using the online service it's free right? Could ACAS do it in this instance just out of interest?
  12. Surprised to see so many answers upon logging in this afternoon, good call!
  13. Big company who have been trading for yonks and are in no threat of winding up
  14. Super, thanks everyone for above for answering, to save time I'll just respond in one post. I'm glad to hear the ADR is optional since you have to pay a fee to do it and I'm pretty sure that bill can't be added to the claim later so I don't see why I should pay for a mediation service when my original complaint is that I'm owed money. It wasn't clear on the CAB website as they include the ADR option in their template letter so that's that cleared up (that's why I come here). I see ADR as an obstacle to me getting my hands on a judgement quickly lol perfect, I'll just edit th
  15. Ah I see, this is what I was concerned about since ADR is merely an irritant but I don't wish to avoid it so much that I'd be prepared to suffer a costs order no matter how minimal. I'm after a clean victory so I guess I'll suggest in my LBA that I'd be willing to do ADR. Why has my question been moved away from Employment?
  16. And would that be without penalty if it ends up before the judge? i.e. I won't win the case but have to pay costs out?
  17. Hi everyone Just a quick check on something. Does a LBA have to include an offer or show of willingness to attend ADR? I'm owed money from a previous employer, I'm still in time for the CC but not the ET and I just want my money asap so I don't really want to be messing around talking, if the LBA is unsuccessful I want to go immediately to the CC and not to any third party that I have to pay a fee to with the chance I'd still have to go to the CC in the end anyway. It's a small track case, owed under £1000, evidence is in my favour so I don't need to negotiate
  18. Hello So, what's this breakdown in relationship then? What happened? I'm in a similar situation actually but I have lawyers on the case so just wondering if I can see anything in your situation that matches my own, that way I can give you my lawyers advice to me and you can use it for yourself. In my case the former employer tried to disguise my dismissal under the 'capability' category but we all know that's BS, everyone concerned knows why I was sacked so I'm very much looking forward to my day in court so I can stick it to these b*stards. Good on you for
  19. The offer of tinted non-prescription goggles which you can place over your prescription frames is a reasonable compromise by the employer. The only way you could take the matter further is if you know of someone else who has been given a pair of tinted prescription spectacles or goggles by the employer. Sorry about that.
  20. Was the PILON their idea of a "settlement"? Did they advise you that you should have a lawyer look over the terms of the settlement proposal and that they would pay for it? Also, I didn't think one could work their notice and then claim constructive dismissal, I'm pretty sure you need to resign immediately after suffering the detriment, without notice. Since you haven't done that and have started working the notice you might have more trouble than before trying to prove constructive dismissal. I'm not sure why you think they would offer you six months pay to go one mont
  21. Oh, hang on! Well, that sounds good to me. Would I have to ask for that in person at the hearing (I assume I couldn't put it on the SoL since I need to submit that to the Respondent prior to the hearing) or perhaps I could prepare an amended SoL the day before the hearing if a settlement is not agreed beforehand? I ask because you said the ET don't usually award it so I guess they won't offer it up and I'll have to ask for it myself and demonstrate that I have this knowledge? But I will make it clear that the Respondent has wasted everyone's time by not conceding the claim beforehand
  22. I sympathise. Employers do this deliberately (say they won't pay for extra labour but then create conditions that require extra labour) to get more out of you for less. The problem with proving discrimination is you need to first tie it to a protected characteristic and then show that compared to a colleague (or a hypothetical colleague) you are being singled out for ill treatment. A breach of contract case seems out of the question here given your earlier comments and so it would be imperative to find out if any of the others who were paid the overtime had that same clause before even cons
  23. Not AT LEAST until you can ascertain that the other employees had the same contract clause with respects of overtime payments? Do their contracts also say that overtime will be paid at the discretion of the Company? Just for my own information why did you work the extra hours? Was it in the hope that you would be paid? Was there anything or anyone preventing you from downing tools at the contracted book off time?
  24. OK no problem. It's disappointing but I'm glad I asked so I don't end up looking foolish and having my Schedule overlooked by the panel. It is impossible to find the answer to my questions through an internet search, even CAB don't want to advise so I hope this thread will survive for years and years so that others may see it in future. Since the deduction wasn't an admin error but was deliberate and unlawful (I'm sure I will prove this quite easily) it's a bit unsatisfactory that the ET don't have any scope to compensate me for having suffered such malicious action and
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