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Everything posted by davjoh

  1. It certainly is MrShed. If I could direct you to make a case law search for Smith vs. Williams (2006), and also to google for "Gina Ford" and "mumsnet". They are two of the more high-profile.
  2. As I am sure you are aware Weird Al Yankovic, it is libellous because in post four you stated: "It appears rather odd that a jewellery box containing either a necklace or bracelet sent by Recorded Delivery, suggesting a potential high value item, would be simply 'chucked out.'" Then in post 13 you stated: "He dumped it because he says so. :wink:" Expressing an opinion, that you find something hard to believe, is fair comment (a legal concept, feel free to Google it). The second statement, followed by a wink, is clearly in my view dismissive of my statement that the item was disposed of, and suggests I am lying when I state I have done so. Once again, I ask for you to apologise and revoke your comment... unless you can prove that I in fact did not dispose of the item.
  3. I find this comment to be extremely libellous and ask that the poster revokes it and apologises. This is of course unless he can offer any evidence that his comments are accurate.
  4. bidstermeister, I do appreciate what you're saying. When the parcel was recieved, I felt at that time it was an unsolicited goods [problem]. I therefore acted in accordance with the Consumer Protection (Distance Selling) Regulations 2000 and kept the goods as an unconditional gift, choosing to dispose of it. I could have written to the sender, but was not obliged to under the above stated regulations. At the time, I felt I had behaved in a compliant manner.
  5. Im not really concerned with a downturn in neighbourly relations, I've been frank and honest with them which they appreciate and offered to help them resolve things as much as practicable. I think they could see the situation from my perspective and really were just looking for a resolution going forward.
  6. I understand the item was purchased from eBay. The fact it was sent by recorded delivery suggests it was not an expensive item, since the terms of use for recorded delivery prevent its use for 'cash, valuables or jewellery', and requiring that Special Delivery was used. My train of thought is that the seller has addressed the item incorrectly, and so they ought to reimburse the purchaser, given that they had a contract to deliver the goods to the purchaser. Thanks for the posts so far
  7. Evening all A parcel came to the door with Royal Mail around 1st May this year. It was sent first class recorded. I signed for the package whilst being given other mail. Getting it back into the house it was sent to the correct address, but I did not recognise the name. I went on to open the package to try and find out what it was, expecting it might be an unsolicited goods [problem]. The parcel contained a jewellery box with either a necklace or bracelet in it, but no other useful information I could see. Believing it was unsolicited goods I disposed of it. I had a knock on the door from a neighbour today saying I had signed for an item that they had ordered about a month ago. Whilst I know this neighbour by face, I did not know the name. I have explained my position to them - that I tried to establish whom it was for, but was unable to - and that I've chucked the thing out. The nieghbour it understandably quite unhappy, though more at the situation than with me personally. I just wanted to check if I'd opened myself up potential to any form of liability. My thoughts at the time of taking the action were that it was an unsolicited item sent to the address by a trader, and an invoice would follow. I felt therefore I was able to do what I wished with the goods, therefore dispose of it (under the Consumer Protection (Distance Selling) Regulations 2000). Any thoughts please?
  8. It would be most helpful if you could indicate the precise nature of the charges your employer has broght against you. Additionally, could you answer the following questions: 1. Have you yet made an admission of guilt? If so, have you stated you feel that your disability was a contributing factor to your action/inaction? 2. Are you represented by a trade union? If you have a disability under the DDA, which at first look at the information provided this is likely to be the case, your employer must not, amongst other things, provide less favourable treatment for a reason relating to your disability. You may therefore have an argument that in instituting any disciplinary punishment they would be treating you less favourably, if it is your position that your disability contributed to your actions. There is a statutory defence that the less favourable treatment is reasonable in the circumstances. Allow me to give a circumstancial example: A has comitted an act of violence against B, his manager, whilst at work. When disciplinary charges are brought it transpires that A is suffering from a psychotic disorder, and committed the attack as a result of a command hallucination. A is summarily dismissed. The employer could argue that the dismissal was reasonable in the circumstances because there is a risk of the violence recurring. This defence however may fail under certain circumstances. If A could show that his psychosis is controlled by medication, it would perhaps be reasonable to require A to take medication under medical supervision and for his employer to have active involvement in planning of emergency treatment contingencies. This would overcome the risk of violence due to disability, this meaning that dismissal on a safety ground is not appropriate. It would also be less favourable treatment to discipline on a punishment basis. Once I know a little better the circumstances, I can provide further information.
  9. How does it create a two-tier NHS? With the scanner we have 75% of an extremely useful piece of kit at no cost to the taxpayer. Without it we have 100% of zilch. I'd rather the £4m was spent like this, than £4m of RBS's money spent on private scans benefiting their staff and nobody else.
  10. Why bother trying to argue you were lied to? Just make a claim based on the charges being unlawful.
  11. There is no financial support that would be available if your MIL was to move in with you in terms of increased mortgage costs. Does your MIL own her home, or rent? If she rents, you could potentially make an application for housing benefit if you were to charge her rent on moving in with you, though there would invariably be a number of hurdles to climb over with this. Could you consider extending your current property to provide independent living space? You could potentially make an application for a Disabled Facilities Grant to help with the costs of this. Davjoh
  12. Could you please tell us your childs age, and give us some information as to her diagnosis, and her needs?
  13. At the moment, you have no entitlement to Working Tax Credits because of your age. If you feel your disability has a significant affect on you, take a look at the criteria for Disability Living Allowance and make an application. If you are considering this I would join 'Benefits and Work' (Google it) for help with the application. If DLA was awarded, you could then claim Working Tax Credits. Based on your income, this would likely be for around £60 a week. I would strongly advise you do not claim Incapacity Benefit, it will do nothing but worsen your depression! Davjoh
  14. I'm right in thinking you're on DLA right Jen? You should be entitled to work with a New Deal adviser (google for New Deal for Disabled People). Incidentally, even if you don't feel you need help sourcing a job, if you register you get £200 for starting work. Davjoh
  15. The two ticks scheme as it is known is run as a self-accreditation scheme by Job Centre Plus. If you wish to make a complaint that an employer is not honouring their pledge, you do this internally. JCP audit the employers and can revoke entitlement to use the logo, but there is no structure to complain directly. HTH Davjoh
  16. It is not a case of the driver just saying they are fine. The statutory questionairre is made of several parts - you have to disclose details of when you last saw your doctor, any treatments you receive etc. and you have to provide consent for DVLA to communicate with your doctor. If you refuse, your license is revoked. If you make a false declaration, it would be picked up in communication with your doctor and you would face a medical revocation for failure to co-operate, as well as prosecution. Generally speaking, the Courts impose custodials for false medical declarations to DVLA. Davjoh
  17. You haven't provided a lot of information about whether there are any aggravating or mitigating factors, and your previous criminal record, so it is difficult to assess what is likely to happen. I assume from your post that you admitted guilt. If you did this at the earliest opportunity, you will receive full credit (33%) for the early admission of guilt. The penalty in this case I imagine is likely to be a fine for not being insured, which will be tapered to your income. You will almost certainly be banned for driving whilst unlicensed. Its possible also that you may be ordered to do community service or to forefit the vehicle. You would additionally have to pay costs. Ofcourse I'm basing this on an assumption of first offence, no aggravating factors, and immeidate guilty plea. Ultimately you have to wait and see what the Magistrates (or DJ) say. Davjoh
  18. They're entitled to refuse to work with Mrs. for any reason they want (short of discriminatory practice, which is not in play here). They have no right to refuse to release funds though, unless they have injunctive relief to do so.
  19. Glad to see you're not dead though...
  20. If you wish to make a disclosure to the DVLA in these circumstances, it is purely a matter of concience. If you decide to go ahead and make a disclosure, do not complete any of the medical forms. What you need to do is write a letter or email to DVLA (email address [email protected]) providing details of the driver (name, address, DOB, driver number (if known)) and explaining briefly why you feel they may be unfit to drive. DVLA will then serve the statutory questionairre on the driver. HTH Davjoh
  21. I don't think you necessarily would have to pay it back, for two reasons: 1. They made the processing error, you should be arguing it was their fault, you took them in good faith etc. and threatening unlawful deduction from wages if they try to recover. If this fails; 2. Statutory entitlement increased to 4.8 weeks holiday a year from 1st October. Depending on how your holiday years run, this might correct the extra days.
  22. Which pocast are we talking about here? Sorry, having a dense day. >.
  23. No. Why - do you feel ignorance is not a particularly discrediting status to your industry?
  24. Write to them (ie by post, not email) giving formal notice to cancel.
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