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whitelist

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Everything posted by whitelist

  1. Nothing stopping any individual from joining a trade union. The problem is getting that employer to recognise that trade union for collective bargaining. From memory, that individual work unit needs 20 employees in favour of recognition to get the ball moving. Google Central Arbitration Committee for more research
  2. Your employer can turn down your flexible working request if there's a valid business reason for doing so. By law, your employer can turn down your flexible working request if: it will cost too much. they cannot reorganise the work among other staff. As for unqualified, google disability by association Previous post reported
  3. Why do you consider it to be discriminatory? Has the child a protected characteristic such as disabled, etc? The law entitles you to make the request and discuss with your employer flexible working, they do not have to agree.
  4. Just an update to end the topic. Spoke to her last night at work and she has accepted the 70% discount on the total debt and paid over 12 months via standing order. Agree with that decision myself. She was worried they would come back in a few years for the full amount and issue a CCJ as the card debt still had four years left to run before becoming time barred.. Knowing she has a light at the end of the tunnel and not take that opportunity with the discount was just too much of a gamble. If it had been me, would have held out as they must be aware the debts were unenforceable to offer the discount.
  5. dx100uk You mention that ofcom has rulled demanding sums for the total contractual term is unfair and that Lowell discontinue the majority of claims with mobile phone contracts? Can you be so kind as to link a thread that has used the ofcom statement and Lowell as having difficulty locating due to the vast data and threads on this forum. This is just for my own education and understanding. Will also update this thread when I speak to my colleague this evening if she contacted lowell as accepted their discount.
  6. Thanks for the advice. What really concerns her is a future claim for the full amount. After one year it is ended and she can live with her credit record tarnishhed for a further four years until the default drops off
  7. You make a valid point, but the card debt is most of the total debt, just under 4 k and still has four years under the Limitations Act left running. What happens if they substantiate the contract with an agreement, etc AFTER they have instigated an N1 claim for the full amount say in two years' time? She does not have 4k in her bank balance. They will screw her credit rating for another six years and have the opportunity now to get rid of all these accounts, paying £100 a month for one year. It sticks in my throat having to pay a DCA but saving 3k and be free in 12 months seems to good an opportunity to miss. What she needs to know is if she makes contact and sets up an account with this DCA online (No human contact) Can they renege on this offer sent to her in writing after the repayment account activated? Have to tell her something. She just wants it gone and her decision to make to either settle, or continuing making no contact running the debt clock down.
  8. Why should she not take up the offer> In 12 months prospect of being debt free with no chance of future court action for the full amount? Realise there is a scam in this as they do not make offers out of the goodness of their heart.
  9. As far as I am aware still at original address these accounts were taken out. Got into debt after havng a baby and simply stuck head in sand. Two are mobile debts the other store card. She is worried if she does nothing they will apply for a CCJ in the future for the full amount
  10. Not my debt, colleague from work asked for advice She has just received a letter of discount from one of the big debt collection agencies. From what I can tell it is three accounts with different financial companies sold to this DCA merged together with a total liability about 4k. Two accounts will be time barred in 12 months, the largest in about two years. They have offered 70% discount payable over 12 months @ £100 a month. 1/ Call me cynical but why are they willing to stand a 4k loss? 2/ Is it a ploy to get her to acknowledge the debt in extending the Limitations Act? 3/ Is the formal letter of discount received a contractual obligation (Offer/Acceptance) if she goes on line and sets up a payment account? 4/ On setting up the account, is it wise to ask her to make a debit card payment of say £10.00 immediately to show Consideration thereby a legal contractual agreement secured? 5/ Take it these accounts will still drop off her credit file with recorded default date from the original creditors, and not from when these payments start extending the Limitations Act? What it does say: We want to help you settle your accounts by offering you a 70% discount if you clear the discounted balance within 12 months. If you are unable to repay the discounted balance within 12 months of accepting the offer, the discount offer may be withdrawn and the full outstanding balance will then be due. If something is to good to be true, it normally is.
  11. Burden of Proof & Balance of Probabilities in Civil Litigation: Law Simplified HALLELLIS.CO.UK The Civil litigation burden of proof and the balance of probabilities. How courts decide facts on witness evidence:...
  12. For a second, let us forget about the technicalities of a contract having a legal status after consideration. All this for £9.00? Have you considered you own time writing letters etc chasing this up for suct a pitiful amount? Let it go would be my advice, it is simply not worth it as rightly stated You have suffered no financial loss
  13. "Please provide evidence that the flight route was affected by adverse weather conditions". With any civil claim it is down to the plaintiff to prove their case, not the defendant. BA is under no obligation to release that information
  14. Thanks for the reply, clear and objective At the end of the day a judge lottery it seems
  15. Goodinson v PRA Group (UK) Ltd [2021] EWCA Civ 957 Just been reading up on this case, the specifics being does the creditor need a Default Notice under s 77 and s 78 CCA 1974 to enforce the agreement? It appears the actual copy of the original default notice is no longer required and that the creditor can use secondary evidence that the default notice was sent to the debtor such as customer information system logs. Another thread on this forum the OP stated a Debt Collection Agency tried to use the above Court of Appeal judgement with failure in producing the default notice, but the circuit judge was having none of it saying the judgement was not relevant in this case, A claim advanced without production of the original notice would fail, where (for example) the creditor is an assignee which is able to establish that it does not and never did have the original, but has compelling evidence that the document was created and served, in full compliance with every one of the statutory requirements. The debtor would escape in every case where the original was not produced, however good the explanation for failure to produce it, and however compelling the secondary evidence.” So my question is? What records would be in the customer system logs to substantiate a compliant Default Notice was sent to the debtor. The key being compliant and sent, not just a blank photocopy and a statement saying one was sent
  16. EU Regulation EC 261/2004 remains valid for flights from a non-EU carrier that depart from an EU country airport. The departure was from the UK . a non EU airport to Frankfurt, so EC 261/2004 does not apply Any claim under the Directive will have to be made in Frankfurt
  17. This is interesting, can you give a reason to say why it was not relevant the issue of your own Default Notice being a judgement in the Court of Appeal? Thanks
  18. From what you have said, the employer has followed proper procedure with a formal disciplinary following a fact finding interview. The issue at hand is if you can show any allegations against your employer investigated following an official grievance by yourself? Things such as accessing email account, derogatory comments, and so forth Without this, as a cause of action will be an uphill struggle and unsubstantiated allegations sorry to say. As we are not talking about a protected right, the period for an employment tribunal still be a three months from termination of contract. That will be constructive dismissal as he resigned, but only about 5% of claims are successful. And it appears the employer has followed the correct procedure. Wait for more comments though as just my personal assessment of the situation
  19. Do not take this as Gospel, but personal opinion. The majority of insurance companies in the UK have the provison of Force Majeur, or commonly known as an act of God event that stops a party from fulfilling a contractual obligation. Things such as war, Hurricanes, volcano etc. These exclusions are now normally written into the t&c with the airline ticket and list specific exclusions from liability. The airline will say the bad weather was beyond its control. The key thing you need to show is was how long was the flight delayed before it got cancelled? From memory believe it is three hours or more before EU compensation applies. The other problem being BREXIT. You can only make an EU flight delay claim/cancelation in an EU member state with an airline based in the UK. In this case Frankfurt, not the UK.
  20. Had the same happen to me last christmas. Was sorted within a few days as my debit card was linked to coinbase that showed regular transactions. It all depends on how you funded your binance account
  21. Thing is am not asking about previous threads, am requesting where it states a dispute letter is no longer required as a matter of Law prior to civil action, as in Statute. Don't wish to sound obnoxious, just seeking objectivity and fact
  22. Interesting in what you say, but do you have a link where you do not have to send a letter of complaint prior to litigation as it is a part of pre action protocol? Say from Trading Standards, Which, etc? Give the retailer an opportunity to put right that complaint before civil action Not doubting you but need confirmation
  23. My advice will be to take a step back and look at things logically with a clear head. As it is a high value item lost/stolen, the first thing you need to do is report it to the police and get a Unique Reference Number You simply cannot go straight to court with a letter before action under pre action protocol. You need to send a formal complaint for refund in writing directly to the courier company you contracted with. (Use Recorded Delivery) From memory, they then have eight weeks to give you a full and final response in writing to that complaint. Only then can you issue a 14 day letter before action. Take it you insured the item against loss or damage?? Wait for more comments though and hold off on that letter My advice, next time use Royal Mail Special Delivery.
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