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Shelley181146

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Shelley181146 last won the day on April 4 2012

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  1. How do you suggest I access those records, I was only there a week? As for training, I was drivers mate for 2 days. No trade union membership
  2. 2nd incident - the vehicle was not fitted (missing) straps on rear doors for driver to hold on to when vacating the vehicle from the rear door - isn't that negligent? 1st incident - loss or damage? it was hell trapped in their vehicle, do I need to have loss or damage to make claim being trapped in defective vehicle? Neither incident was bad luck - if vehicles were correctly maintained neither would have happened!
  3. I have spoken to NWNF organisation but they were so half soaked on the telephone, lacked confidence in their ability to process accurate details, when they couldn't even record the basic info correctly - plus I don't agree with them having their costs paid as well as the 25% successful claim fee {(
  4. Last year I was involved in two accident type incidents at a place of employment (Temporary worker) Background: I had trained for 12 months to become HGV Driver and decided to start with 7.5tonne truck to gain experience, trainer said I was excellent driver but due to the insurance premiums companies require 2 years driving experience, hence starting out on 7.5 tonne. I was working via temp agency and the company provided temp drivers with their older trucks and the permanent staff had the new trucks. 1) As I was provided with a company mobile phone I do not have access to exact times of the phone calls, but I do know exact dates, I was provided with a truck for refrigerated deliveries and whilst on a delivery, the side door slammed shut due to gale winds. The truck has two doors on the refrigerated unit (rear and side) but the emergency poppers to exit the unit were both inoperable, and I was trapped. You may not know but the refrigerated units are lead lined and not always possible to get phone signal - thankfully, eventually I managed to get to speak to manager at depot who raised the alarm and staff at the outlet opened the door from the outside. The manager had me continue a few more drops and then take truck to a HGV MOT station and return to the yard in a van - Although the truck was due an MOT, nothing had been advised prior to leaving the yard earlier that morning, so I suspect they were going to get door poppers investigated. Upon returning to the yard, the manager said no accident had occurred and no requirement to complete accident report form - naively I didn't challenge him! I did liaise with the agency to explain what had happened after the events, so they will have a record of telephone conversations - can I request those via SAR request process? Would I be able to get access to the delivery drops I did that day via SAR request? I do have photographs of the door poppers and news/weather reports for the day in question 2) The next day I was provided another truck and whilst delivering goods from the rear doors I slipped out/off the rear steps and dropped heavily to the roadside and fractured wrist, and various body bruises - taken to hospital via ambulance as the fall had 'winded me' and I was unable to get up - 2 members of the public assisted but I don't have detail - the shopkeeper has provided his name and telephone number I had physiotherapy and I have experienced flashbacks which I have spoken to my GP about and he thinks I maybe suffering PTSD Question: How difficult/complex would it be to deal with the claim myself, rather than solicitors 'NO WIN NO FEE' and taking 25% What will I need to do? How do I start the process? Is the outcome likely to be different?
  5. UPDATE: We sent in High Court Enforcement Officers who have secured full payment
  6. Hello Slick, I'm doing ok thanks, how are you? Long time no 'chat', I was thinking about you on my way home this evening. The respondent is a business (Hotel) they have slipped up in so much as not sent covering letter to tribunal when requesting reconsideration, sent a bundle of documents which existed but was never disclosed to us via SAR or subsequent requests, judge has declined their request. The respondent is well past the appeal 42 days permitted and I hand delivered a demand for payment which naturally funds didn't materialise, but the respondent then tried the reconsideration route again, still denied by judge. I have processd the name and shame facility by the government website, so the respondent will incur an additional 50% of the award, which goes to the government as another strategy, https://www.gov.uk/government/publications/employment-tribunal-penalty-enforcement and now I am looking into enforcement via the money courts. service. However, in their guidance notes I see they stipulate that the MCOL cannot be used as a result for a tribunal award. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf Surely, we can take this 'bod' to court to enforce payment?
  7. I represented a family member in an Employment Tribunal which was awarded in their favour. Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day. The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made. Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received. The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file. I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter. Firstly, Which is the best way to secure payment from the respondent? Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500? TIA
  8. I honestly dont know if the Scotland/England jurisdiction affects this, maybe Andyorch the legal expert on here may know. Perhaps Bankfodder could point him in this direction? You need to clarify the dates on the court paperwork and see when they need a response by, and think how you want to respond to it, otherwise your ex employers could win by default. I would expect it to be a minimum standard to specify deductions being made via your payroll, usual example would be over-taken on holiday entitlement. But as you explain, you were suspended, not on annual leave. If you still have your payslips/P45 information you could liaise with HMRC to clarify what income tax/national insurance contributions was paid in respect to your employment. You can also calculate your holiday entitlement on the Gov website. Start making a list of things you want to clarify, questions you need to ask/get answered to keep a methodical record of events for the court hearing, then when you have the Sar information come back if you need any further guidance.
  9. Did you ever receive any correspondence stating that you were suspended on full pay? If so, you will need this to defend your case in court. If you can't remember, or have mislaid any documents you can send a Subject Access Request (SAR) to your ex employer detailing all documents required. They have 30 days to respond, at no cost to yourself. In the meantime, you will have to respond to the court documents appropriately, as to how you wish to defend the case, wholly or partially but you must respond. Otherwise your ex employer can win by default. You could have a chat with ACAS and there are some free solicitors near University campuses who maybe willing to help and guide you on the employment law side of things. If your near to an Employment Tribunal building, it might be worth popping in to them as they have posters up with contact details of qualififed people who may be able to assist. I know its not E.T matter but I'm thinking of free legal advice which specialises in Employment Law.
  10. Andyorch, thank you. I had checked this and everything there seemed fine. However, I changed my password on the laptop adn then tried on the mobile phone and it worked fine. Today however, it won't respond, so I suspect it's an age thing and I get muddled with caps lock on/off etc, lol At least I have identified my failings and now know how to investigate, thanks to you. This dinasour appreciates your assistance.
  11. I am having difficulty logging into the site via my mobile phone - I have the correct user name and password so wondering is this just a temporary gliche or something else?
  12. This sounds like a nightmare! Obviously it will be a huge inconvenience for you temporarily but for an agent to turn up with paperwork which states you owe either nothing or £493.00 and the finance company actually want in excess of £10k that is some very creative accounting by somebody............ If you're that way inclined, I would certainly follow it up with someone and see if what has happened was legal and get charges removed to reduce the debt if nothing else. How and more to the point who concluded that the finance company can send anyone to repossess the vehicle, the police are not experts that's for sure!!! They just want a quiet life and get out of the situation. I have been trying to liaise with professional debt agencies about a very similar situation but they keep you on hold for over an hour, then go through all the income and expenditure and then you never quite get to the point that you called them about. That's not independent advice, it gets us no where. I'm sorry you have gone through this experience and hope you can draw a line under it and move forward.
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