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Agamemnon13563

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Everything posted by Agamemnon13563

  1. Rant away Old Cogger, I have felt like doing it several times myself but managed to bite my tongue lol.
  2. At the time, I checked if I was eligible for legal aid and I was. I checked with roughly 3 no win no fee solicitors (Irwin Mitchell was one) but there was no call back. There was no feedback from any of them.
  3. Prior to starting my claim I tried 14ish lawyers and all but 2 called me back and the moment I mentioned disability, legal aid and who the case was against, they refused to help, their response was that they don't handle cases like mine despite the fact I had checked everyone as to whether they take legal aid cases. I will try on Monday to find one that will continue the case etc and hope that the 10k my family clubbed together for me will be enough to obtain their help. Otherwise I will have to "pull my socks up" and find a way.
  4. Hi BazzaS Thanks for your response. I am confident of the evidence I have, it's just that my "presentation" skills (mostly because of my health and the cocktail of drugs I have to take) have been disastrous. I fully understand what you are saying and I thank you for the clarity. No mention was made regarding an application for costs, in fact there was no mention of costs at all.
  5. Hi there. Just had my hearing and I am totally confused. The respondent failed to show up and the judge still carried on with his judgement. He ignored the statement which I sent with my application and never mentioned any of it but he did go in detail regarding the respondents defence. He dismissed my application and told me that I have 4 weeks (until 7th of July) to submit full representation of my case so that he/they could decide whether my claim should continue. I feel cheated that I was unable to question the respondent and that my statement was not even mentioned, let alone contemplated. What is full representation? What are my options? Can I drop my case and resubmit it?
  6. Hardly the kind of mistake a "professional! solicitor would make and certainly no way it could be misinterpreted or misunderstood. As for proving they were lying, surely this is what N244 Applications/Hearings are for, as well as minimising time and expense (and in my case, additional suffering) of going to full trial when it isn't necessary. Thank you so much for your comments BazzaS, I really do appreciate them.
  7. I apologise if this seems a bit naïve but I thought that lying in your defence bundle after signing a statement of truth meant that the defendant was no longer allowed to defend the said case (or some similar form of punishment). As for costs, provided it doesn't go over 10k then that would be ok.
  8. This is a copy of my N244 Application and supporting statement. Supporting Statement.pdf n244-eng.pdf
  9. I sent a written statement with the application and was not aware that written evidence could/should be sent at the same time. The evidence I have is that the PHSO have lied ( or rather been untruthful) in their defence bundle, made changes to the previously agreed Statement of Agreement without my permission.
  10. Hi all. I have an N244 hearing (summary judgement/strike out of defendants defence) on the 9th June. I have not received any written evidence from the defendant (so far) but if I don't receive anything from them, do I still file my written evidence within 3 days prior to the hearing? Thanks.
  11. Hi everyone I have attached a draft copy of my N181 DQ, please can someone check and provide advice on any amendments I need to make. I am in the process of writing my draft directions. Thank you in advance. COPYN181.pdf
  12. Just received "Notice of Proposed Allocation to the Multi Track" giving me until 13/4/17 to fill in Directions Questionnaire form N181. Also included was a copy of the defence but still no sign of acknowledgment of service.
  13. ..They broke the Settlement Agreement and because of that, from what I have found out, I can either reopen that claim or begin a new claim. They committed additional acts off discrimination whilst the Settlement Agreement was being acted on and I think that because of that, it's not classed as new but "in addition too" The claim form in comment box 19 is the first claim I made and the settlement agreement is in comment box 16.
  14. Thanks BassaS. So much I would like to say/do but at the moment I can't do anything until I hear what's happening because of their late submission of defence. Their defence submission alone sent me through the roof lol.
  15. Sincerest apologies (blame the meds). Document G.pdf Particulars of claim.pdf
  16. Hope I've done this right. I have added the settlement agreement too. Hope I've done this right. n1-eng.pdf Document H.pdf Particulars of claim.pdf
  17. If it helps, I will attach the two N1 forms and particulars of claim.
  18. The first claim was merely to obtain an admission of guilt and to give them the opportunity to "do the right thing".
  19. A claim was made last year but it has been an ongoing attempt to resolve the case. The settlement agreement was made official (signed) and sent to the judge, who stayed that particular claim. I decided that instead of reopening that claim, I would start a new one. Do you want to see my new/current claim?
  20. Hi everyone. I would like to ask the more seasoned members a question , which has been annoying me, If the terms stated in a settlement agreement, which was agreed early last year, consisted of the following: IT IS AREED THAT: 1. The defendant accepts that she did not properly consider her duty to make reasonable adjustments under s.20 Equality Act 2010 when requested to do so by the Claimant. 2. The defendant will, after seeking the Claimant's comments, consider what, if any, impact this failure had on the Claimants complaint and notify the Claimant of her opinion. The Defendant will contact the Claimant to seek these comments within 10 days of the Claimant accepting the Defendant's offer. 3. The defendant agrees to meet all of the Claimants reasonable costs (including court fees) until this point in proceedings and any incurred in relation to the settlement. However, the PHSO are NOW stating in their defence bundle that the following was proposed in the settlement agreement: The Ombudsman apologised to the Claimant and proposed that the whole of the claim be settled on the basis that the Ombudsman: 1. Accepted that she failed to consider reasonable adjustments. 2. Provided the Claimant with an opportunity to make any comments he would have made on the draft report had his request for an extension been granted. 3. Reviewed the results of the investigation in light of any comments to establish whether the failure to make reasonable adjustments had impacted on the results of the investigation, and, 4. Paid the Claimants reasonable costs. HAVE THE PHSO MADE "FALSE" CLAIMS IN THEIR DEFENCE? Any comments/advice would be appreciated. P.S Costs have STILL NOT been paid.
  21. Hello everyone. The PHSO were supposed to submit an acknowledgement of service by 24/2/17 but I have not received it. I contacted CCMCC on Monday 27th and I asked if one had been received, they told me that nothing had been sent to them and that I should send in the form requesting judgement in default, which I did that same day. On Tuesday the 28th, I received a Special Delivery (guaranteed by 1pm) package sent directly from the PHSO legal team, inside was a defence form (dated 24/2/17) and a copy of their defence statement/response. Please can someone tell me, what happens now and is there anything else I need to do? Thank you in advance.
  22. Thank you for response BazzaS, that makes things a lot more clearer.
  23. Hello everyone. I submitted my N1 form plus fee and supporting evidence to CCMCC on 25/1/17 regarding Disability Discrimination by The Parliamentary and Health Services Ombudsman. Having looked on this site, I noticed advice being given regarding P36 rules but in doing so I am now a bit confused. My question is: - If The PHSO make a financial offer to settle and I refuse on the grounds that I am claiming for damages/compensation, which depends entirely on the judges discretion and therefore have no idea what the award could be, will this go against me if the judge awards less than the settlement offer? Thank you in advance.
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