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goodatresearch

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Everything posted by goodatresearch

  1. Fair enough. Unfortunately the court may see it differently. Not saying I agree, I think you should be able to leave your money to whom ever you want. Remember that recent case where a daughter successfully challenged a Will?
  2. I've heard people say they're going to contest a Will but they don't do it, as you say "Willy Waving". If contested the costs don't always come out of the estate. As for wanting to know the value of the estate, this is so the solicitor can work out if its worthwhile making a claim. Can I ask, are the other beneficiaries siblings of the black sheep. Would they be wiling to give him an equal share. If he truly is a black sheep, I wouldn't be willing if it was me, but it may be less stressful to get rid of him.
  3. Oh dear, its so easy to make nasty comments about so called black sheep. The illegitimate child who hasn't had parental support being one example.
  4. Yes it can be a problem when you have to find assets. Now, I know that its easy to tell a black sheep to do one, but at the end of the day it might be better to keep their solicitor informed. Just tell their solicitor what you've told us. You don't want to look unreasonable if things escalate.
  5. Your first posted May 20th and you haven't applied for probate? What on earth have you been doing? Just completely finished probate for someone who died in May and this included a significant amount of money and property. And yes, iv had experience of dealing with other peoples probate on a professional basis.
  6. Yes I totally agree with you. The problem is they don't have to say why they are witholding info. Call me cynical but if they want to hide something they can hide behind the rules
  7. Sorry didn't make myself clear. Everyone is entitled to access the health information held about them under the DPA 1998. I've done this on behalf of other people on numerous occasions. They can however withhold certain information if it is believed would be harmful to the data subject/patient. QUOTE=obiter dictum;4803507]I believe Scarletpimpernel is correct 1 Right of access. It shall be the right of an individual to have access, in accordance with the provisions of this Act, to any medical report relating to the individual which is to be, or has been, supplied by a medical practitioner for employment purposes or insurance purposes.
  8. Under the DPA your entitled to all personal data, doesn't matter who provided it. I'd be asking them to quote what law they are relying upon.
  9. Not quite true, patients can legally access their medical records as can their legal representatives. It isn't just related to insurance and employment.
  10. It is indeed worrying, however I would like to make a point about having to employ agency staff. There is one hospital who used to pay enhanced weekend payments to theatre staff to clear the backlog on an overtime basis i.e. on top of their normal weekly hours. The powers that be said they would not pay enhanced pay so the staff said forget it. They now pay agency staff to do what would normally be overtime and they receive much higher pay than was paid to the permanent staff. Sheer madness. The daft thing about this is that some agency staff also have permanent jobs within the NHS and do agency work on their days off.
  11. Tesco are probably arguing the refund has been reduced due to the length of time you've had the TV. However I think £165 is to low for 22 months of use. I would expect a TV of this price to last at least 6 years or 72 months, so if youve had it 22 months, a refund of £416 or at least argue around that amount? £600 is a lot to shell out to receive only £165 back in my opinion.
  12. Under EU law the guarantee period is 2 years - EU Directive 1999/44/EC. Your entitled to a refund, repair or replacement. I think its Article 5. Write to Tesco and remind them of the Directive.
  13. Do you really think that people are that naive they don't know what they're striking for? "Hard working family men" - I'm assuming you meant hard working people and this was just a slip.
  14. You have a bizarre notion of what a militant is. What actually is a European culture? When I married my partner I was told I was damaging my culture. Yep, marrying a British born man of West Indian ethnicity is so dangerous. Iv heard it all before and no doubt the same argument was put forward when all the 2nd WW refugeess came to the UK. Let's tar them all with the same brush shall we, no exception. .
  15. There is no legal obligation for an employer to provide a written contract. They are obliged however to provide a statutory written statement within 2 months of commencing work. This is what the OP should be insisting upon. I personally would be asking for it in writing as evidence. As for statutory holidays, they start accruing the minute you start work, regardless of when the employers holiday cycle starts, The OP is in a difficult position, not unlike many employees in today's UK. Stand up for your rights and risk some lame excuse to get rid of you. Then there's the employment tribunal fee. OP, give ACAS a ring.
  16. The child would not be questioned, why would they? You couldn't expect a child of this age to comment on the speed of the other car. Although you haven't said, this doesn't sound like an infant approval. It sounds like they are arguing the accident couldn't have caused the amount of physical damage to the child. But the damage to the car was £3,000 and this has been paid? Sorry OP, but something doesn't add up. What exactly has your solicitor said the court case is for? Do they disagree with the medical report? Pointless going to court if you dont know what its about. You really need to talk to your solicitor.
  17. Its £31,785 above the personal allowance. Therefore the OP is still in the 20% tax bracket. Any overpayment will be paid back eventually, either in dribs or drabs or after the end of the tax year.
  18. Unfortunately your not being very clear. He's admitted liability and you've said damage to the car was £3,000 and theyve said damage was £3,000. So what is the court case for? Is their dispute about the extent of personal injury? Are they arguing contributory negligence?We can't be helpful unless we know what the court case is for. It may be that this is just an infant Settlement hearing.
  19. Don't want to go off topic more than we already have, but hasn't there been a consultation to consider changes to the penalty fare system? How is this going, is it relevant to the OPs problem or is the consultation ongoing?
  20. Thanks for the amusement and telling me how to suck eggs (disclosure comment). Non payment of a penalty fare is not in it self a criminal matter, its a civil offence. I am aware however that it can be used as evidence to support the case for the intention to avoid paying a fare which is a criminal offence. At the moment this is a civil matter so the OP is entitled to ask for the evidence at this stage. The rules of criminal disclosure are irrelevant at the moment. I only mentioned the MG11 because they would have to disclose their evidence if they decided to take the criminal rather than civil route. It seems to me that it would be sensible for IRCAS to disclose this evidence before the matter escalates beyond civil remedies. You are quite right in that I haven't seen any evidence, my advice is based on his version of events i.e. it wasnt him, they havent got his correct name and they wont provide any evidence. At this point this is all I can do without any further information which may be revealed as the thread develops. Now it may have been sensible for the OP to comply with their requests but the example I gave is worrying. You've missed the point and have twisted what I said. She complied and provided id evidence BEFORE they tried to prosecute and they still proceeded with court action. As for your "not me gov comment" if you'd bothered to read my comments you will see I have asked the OP more the once to confirm if he can provide evidence of his whereabouts at the time of the incident. Can we get back to helping the OP. I think we've put him off. If the OP is still reading this thread, how did you get on with the solicitor? Did IRCAS send you a copy of the appeals procedure?
  21. Such touching faith in magistrates. They frequently look bored and sleepy to me. As previously stated, one innocent offender provided all the id evidence requested but the IRCAS rep still said it was her (should have gone to Specsavers). If she hadnt provided evidence that she was on a beach abroad she would have been prosecuted. In this case they have the wrong name and the have refused to provide the evidence they have. This evidence would have to be provided by way of an MG11 if they try to prosecute, so if the OP is wasting time, wouldnt you say the same of IRCAS?
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