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obiter dictum

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  1. Interesting one this. Got a demand today from a Private parking company called Civil enforcement and being hounded by a debt agency called ZZPS. Now they say as the 28 days us up i now owe collection fees and has increased to £170 It was for some kind of shopping park called Carnegie drive retail park in Dunfermline KY12 7AU NOW THE CRUNCH I live in Northern Ireland and at work at the time of the alleged offence No photographic evidence provided, just a demand. Of course will appeal and use poplar but any suggestions??
  2. Can you please go back to the original format. This is major confusing. The beauty of the that previous version was the simplicity of use. Can see people not bothering to post now. Not being critical but this new platform is a real turnoff. If it is not broke why try and fix it?
  3. FlyBMI have just released a press release they have gone into administration and all flights cancelled "The airline has faced several difficulties, including recent spikes in fuel and carbon costs, the latter arising from the EU’s recent decision to exclude UK airlines from full participation in the Emissions Trading Scheme. "These issues have undermined efforts to move the airline into profit. "Current trading and future prospects have also been seriously affected by the uncertainty created by the Brexit process, which has led to our inability to secure valuable flying contracts in Europe and lack of confidence around bmi’s ability to continue flying between destinations in Europe. Might shake up Parliament a bit now reality starts to bite
  4. And in rebuttal capability was never mentioned or dismissal being reasonable or proportionate. The issue was putting in control measures to limit further harm to enable the employee to stay in the job. Dismissal on capability has never been in doubt as a last resort and have stated nothing to the contrary
  5. If a person has any condition that has the capability to impact health and safety, be it the are disabled or not, the obligation under statute is on the employer and employee to limit that harm. Disabled or not. That includes putting in control measures where and when appropriate to limit possible harm And for the record no such thing now as the Disability Discrimination Act (DDA) It is the Equality Act 2010
  6. Sorry have to disagree Regulation 3 Management of Health and Safety at Work Regulations 1999 Even Section 2 Health and Safety at Work Act 1974 What is reasonable and proportionate in achieving a legitimate aim Although you are correct that the employer does not have to instigate any reasonable adjustments if not covered under the act, If the employee or any individual not in the employ of the business suffers a detriment because of that decision when previously notified , the employer can and will be held liable in any civil/criminal proceedings
  7. It is a misconception you have to be covered under the act for reasonable adjustments to be made. They have to be made under a statutory duty of care with risk assessments
  8. Apologise if already covered but?? Has Occupational Health given a decision in their report that they consider your condition to be a disability under the Equality Act 2010??
  9. It is obvious after today's "Sod Off" to May, Article 50 will have to be extended. They have had over two years. There is still so much legislation that still has not been repealed or past
  10. obiter dictum


    Item not as described Consumer Rights Act
  11. So the question has to be what is the point of having an industry code of practice that means squat in reality?
  12. Just updating as just had a full and final from the Financial Ombudsman They have sided with the Finance Company. My beef was that they sold the car at auction without me having the opportunity to have it independently inspected to refute damage claims with fair wear and tear. They have asked me to sign a form that i accept or reject the decision Response The car was sold at auction before Mr xxx had complained to xxxxxx Finance -so it was not possible to have the car to be inspected. I am not persuaded that Mr xxx has a contractual or statutory right to have the car independently inspected. And i do not consider XXXXX Finance acted incorrectly in selling the car
  13. The rule of law in the EU is Civil/Roman law under Constantine. Corpus Juris Civilis. England diverted to Common Law after the Norman conquests
  14. Received a tax demand today to the value of £400 on a PA302 simple assessment form. Came as a shock as i was on JSA and PAYE for the period 2017-2018 They have me down employed with two companies that i know nothing about. One is called DHMERYA LTD and according to HMRC had an income of £115.00. The second company called Paraplus LTD an umbrella company with an income of £1141.00. Dealing with HMRC over the phone is like pulling teeth. Over an hour. They will not answer any questions and keep saying I have too contact these companies direct. How can i when i do not even have a clue who they are? These call centre staff cannot blame them but anything off the script they do not have a clue. They have given me until January to pay and will not even put this issue into dispute so no doubt the automated collection activity will continue Any advice peeps??
  15. Doing a search for Capital Resolve received a letter from them today to a lady who has never lived at my address. Have been here three years as a council tenant and the last person died of old age with a different surname.
  16. Just updating this. Even after doing a tempate for him referencing the FOS the finance company would not budge He has now submitted a claim to the FOS Will update in due course
  17. Sorry bit small. under declaration it states I agree to make my payments to comsave credit union via the following methods: Please Circle Direct from my pay/standing order/via reguilar card payment/Direct from my partners pay
  18. Friend of mine asked for some advice being in serious debt while sorting out a debt relief order. He had two loan repayments coming out of his salary direct with a credit union. He asked the credit union to stop and offered a payment plan and they refused. He then contacted his employer and they also refused to stop direct payments. This is where I step in and do a section 10 template telling them to cease processing his data with a third party private company not associated with his employer. They agreed and all payments stopped from his wages. This was three months ago He has just contacted me again and said they have started deductions again without his knowledge direct from salary On contacting his HR dept the response being that he needs to sort it out with the credit union himself. Furthermore. that because they took it out of his wage as a deduction and not from my bank that was also lawful. This is an unsecured loan and the only way this can happen will be an attatchment of earnings. What is the best way forward in the breach of the section 10 notice and arrogance of his employer?
  19. Just bumping this question Does the FOS still charge the creditor for investigating complaints and how much??
  20. Quick update Put the complaint as to their official complaints procedure in which just received a final response. They upheld my complaint and out of the goodness of their heart have reduced the bill from £600 to £180 They have neglected yet again my request for an independent inspection. It is obvious they have sold the car already at auction denying my contratual/statutory right. They will find it almost impossible to enforce now. Ex turpi causa non oritur actio. Does the FOS service still charge to investigate complaints on the creditor and how much? Comments please people?
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