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ZBanfield

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  1. Hi Steampowered, Sorry I am not sure... do you mean to use the first longer paragraph or the short second one? Thanks again
  2. ...I forgot one more question.... in the letter to the Court Manager, is it correct to discuss the £50 offer? The paragraph I have written say ... " I have written a response to Customer Services Team Leader under separate cover to her letter dated 6th September 2016. I thanked Customer Services Team Leader for the goodwill gesture of £50. I am writing to inform you that I accept the £50 as a partial payment without prejudice but I intend to escalate the proceedings further with my complaint for the full amount originally requested. I feel £50 is financially inadequate and does not reflect the level of distress caused to me at the hearing and the gravity of the situation. By the court losing the paperwork, I feel this unfairly prejudice my ability to present my claim effectively? " Or should I just write... " I have written a response to Customer Services Team Leader under separate cover to her letter dated 6th September 2016 and advised that I intend to escalate the proceedings further with my complaint. "
  3. Thank you steampowered. The letter from customer services team leader says that in order to accept the £50 goodwill gesture, I have to "let her know in writing and I will contact our finance team. " So, I do have to send her a letter. Can I make a final check with you...is the wording of my letters to both ok to send or is there anything you would change / amend? Apologies for asking, but as there have been so may problems at the court, I want to make sure the wording on my letters is ok.
  4. Hi Steampowered, Thank you for your reply. Much appreciated. It is too late to appeal and that would have cost more money and to be honest, the judge wasn't impartial. I have posted on the forum a reply and copy of the court letter. Would appreciate your advice on whether to send both letters or just deal with customer services first and see what they say? Thank you for your reply. I was sending two letters - one to the court customer services person who offered the £50 goodwill gesture and the other, to escalate the matter to the court manager. I am unsure whether the wording in both letters is correct and ok to send to both? This is the whole letter I received from Bow customer services I received if that helps. I couldn't paste it in before.... it seems to be generic. I am Miss X but it starts "Dear Sir"...see below: " Dear Sir, I am writing in response to your complaint received at X County Court on the xth August 2016. I would like to apologise that the service provided by the court has not been to the expected standard. I have taken the opportunity to look into this matter and I am unable to explain why the documents you filed with the court were not on file for the hearing. All the documents you refer to have been logged onto our electronic file as being received by the court. I have located your particulars of claim on the court file although these appear to have no date stamp on. I understand the frustration and disappointment you must feel with regards to the service we have provided to you and I am personally locating all the documents you refer to in your complaint. With regards to the email you received from the court about your receipt it is common practice for all cash received through our drop box to be issued with a receipt. I have spoken to the member of staff concerned and explained the procedure to them and they apologise for the misleading information. I have also located the duplicate of your receipt and enclose a photocopy for your records to show that one was issued and sent to you by royal mail. In recognition of the level of service you have received, I would like to offer you a payment of £50 as a goodwill gesture. If you are happy to accept this offer please let me know in writing and I will contact our finance team. I hope that this letter satisfies your complaint and will be a step forward in concluding your case. If you feel that this isn't the case then you can write to Mrs XXXX at the above address who will carry out a separate review. " I was going to reply and send two letters (Customer Services and the other escalate the Court Manager) but am unsure if this negates me taking the matter further....I thought the wording was very important as theirs says without predjudice. Thanks in advance for any further help
  5. Hi, I have drafted replies to the court complaint response and would be grateful and appreciate review and/or advice before I post it. What is really concerning me is in the reply to my complaint letter from Bow County Court the following statements: "I am unable to explain why the documents you filed were not on file for the hearing." "All the documents you referred to in your complaint letter have been logged onto our electronic file as being received by the court." " I have located your particulars of claim on the court file although these appear to have no date stamp." "I understand the frustration and disappointment you must feel and I am personally locating all the documents you refer to in your complaint." So, there appears to be contradicting statements...they are saying that they do have the Particulars Of Claim and Exhibit Bundle. Nowhere in the letter does she confirm she has my exhibit bundle or found it? I know from Googley2 it would be expensive to ask for a transcript but I have put this in my letter. Perhaps I should take this out if it would antagonise the situation and less likely to get me a positive resolultion. I am unclear and would like clarification on the correct procedure and/or options which should have been made available to me by the judge and / or court staff on the day of the hearing. Does anyone know please? Bow CC Reply to Manager.doc Bow CC Reply to Customer Services TL.doc
  6. ....I have one further question as there was a discrepancy I was querying int he judge's closing statements... can I request a copy of the transcript for the judges statements in deciding the case?
  7. Hi, I have finally receive the judgement for my case. However, it doesn't say the name of the judge. The previous paperwork states two other different judges. Should the paperwork state this or do I need to contact the court to find this out for my complaint letter?
  8. Hi, I have finally received a response from Bow County Court to my complaint letter. They have apologised but still not found the Exhibit Bundle and offered me £50 compensation. I want to escalate the matter further and noticed that the letter is titled "Without Predjudice" . Do I simply send a reply and say " I do not accept your offer and wish the mater to be escalated." ? Is there anything particularly I need to mention at this stage, which has a legal implication? Many thanks in advance for any advice.
  9. Hi, I am really struggling to make the complaint letter about the judge. I have attached a draft of the letter which I would appreciate advice on. The first few pages are the guidelines I have pasted from the relevant website about guidelines for complaints. I have then tried to write the letter, but it seems not quite correct and I am finding it difficult to edit to achieve the best outcome and response. Can anyone have a look and give their opinion please? Draft Judge Complaint Letter.doc
  10. Thank you ericsborther. I think it's because I felt the court case went badly with Bow CC losing all my paperwork, the judge and not having received the judgement or a response to my complaint about Bow yet. If I have to deal with Bow again, I want to be fully prepared what 'should' happen. Many thanks again.
  11. Hi steampowered, I will go back and look at the HCEOs again and compare to the county court for the best option. Many thanks.
  12. I have an update.....having taken your advice and checked about the high court order. You are correct, the sum is still set at more than £600. Unfortunately, it says that judgments over £5,000 may only be enforced by an HCEO and my amount is below this. I will now look at contacting the court bailiff section and how to instruct them to collect the money on my behalf.
  13. Hi ericsbrother, Many thanks for all the information and advice. He has a few more days to pay, but has still not paid yet. I looked on Form EX323 - https://www.moneyclaimsuk.co.uk/PDFForms/EX323.pdf it says that before asking for ask for an attachment of earnings order, which will cost a fee, I can .. "... Ask the court in the defendant’s home area to search the attachment of earnings index." I sent Form N336 to the court about 2 weeks ago now but have not had a response yet. " I will find out about contacting the court bailiff section and instructing them to collect the money on my behalf. I will also check about the high court order and if the sum is still more than £600 and using a HCEO. I still don't have the judgement order from the court. Do I need this paperwork before taking action? I will be sure not to discuss the attachment of earnings with my employer thank you. Regarding the CCJ - we work in an environment handling large amounts of money and a safe. Would the CCJ only be an issue if his employment contract specifically states he must divulge a CCJ? Some of my colleagues say I should report him and the outcome of the case. I have checked the staff handbook and any grievances have to be addressed with Management first who are supporting him, so they have said it is not work related even though he began the contract whilst on duty at work. They will not allow this to be reported beyond them. I am unsure.
  14. Hi Ganymede, I saw him several times. He had to walk past me a few times. He just stared at me, so I held eye contact and he said nothing. Thank you for asking.
  15. Hi Steampowered, Many thanks. I feel a little less anxious about work tomorrow. I will ask Mr. X to direct any requests in writing outside the workplace. Then if anything else happens, I have proof. Because Bow County Court are so slow, I do not know how long it would take for me to be notified if he did appeal. Hopefully, he is just delaying payment.
  16. I think the way I have written it is confusing the issue. I took a work colleague - Mr. X to small claimsicon court for an issue which took place at work. It was a contract related case - breach and contract and fraud involving money. I approached employers to mediate to avoid court action. The employers and Management said it is nothing to do with them. The court case has now taken place and Mr. X and I continue to work together. My problem is about continuing to work with him and his behaviour. Original thread in connection with regards to Judgment. http://www.consumeractiongroup.co.uk/forum/showthread.php?449357-Ltd-Building-Co-Fraudulent-activity-walked-off-job-amp-Director-put-funds-into-own-bank-account
  17. Thanks Andyroch. I may have confused the issue mentioning the court case, but I thought part of my query is employment related so posted that part here.
  18. Hi renegadeaimp, I think the way I have written it is confusing the issue. I took a work colleague - Mr. X to small claims court for an issue which took place at work. It was a contract related case - breach and contract and fraud involving money. I approached employers to mediate to avoid court action. The employers and Management said it is nothing to do with them. The court case has now taken place and Mr. X and I continue to work together. My problem is about continuing to work with him and his behaviour.
  19. Hi dx100uk, The 14 days relates to the time Mr. X was supposed to pay the judgement order to me and this has passed.
  20. Hi, I am an employee on a Zero Hours contract. I work with Mr. X and had to take him to court and won the judgement. The 14 days deadline has passed and he is yet to make payment. I have a question about how to approach the working environment with Mr X who I took to court and was awarded the judgement which hasn't been paid. The case took two years to go to court during which time I had to endure being harassed at work. Before the court case, I sought Mediation to avoid court action and complain about being harassed. The meeting was held by my line Manager at work who chaired an impartial meeting with Mr. X. Following this meeting Mr. X went to H.R. and then another meeting was held and I was advised / warned to only engage in work related discussions with him going forward. The entire Management Team support him (apart from my line Manager who's hands are tied). Therefore I cannot follow the standard grievance procedure in the staff handbook (i.e. speaking to Management first). We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened. I am concerned that Mr. X may approach me at work regarding the case. Where do I stand legally? I have contacted ACAS and understand about my rights to work in a safe environment (mentally and physically). If he approaches me at work to discuss the case, would I be considered reasonable to advise him to send me a recorded delivery letter for any further discussions regarding payment arrangements? If I have to make the payment to go back to court to make him pay will the Judge see my behaviour as unreasonable and that I am supposed to talk to Mr. X on his terms? Any advice would be appreciated.
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