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Found 11 results

  1. I work as a security guard on a site for £7.50 per hour and I have been there for just over five months. I work alone on a permanent night pattern of four on four off, twelve hour shifts. There is only me on the site and when I am off the other guard works. My elderly mother is going in to hospital for an operation, and I need a week off to look after her when she comes out. I emailed my manager to explain this, when he emailed me back he said he needed a copy of my mothers hospital operation letter, so that it can be kept on file. Is it right that he can ask for this as it is my mother private letter? I sent a photocopy of the letter by email, but I am now wondering if this was an intrusion on my mothers privacy? I got an email soon after saying that he has granted those days off for me, but because I asked for that time off, another guard will be doing my shifts on that site for a month, and they were sending me to another site for the month. This site was an hour from my home, where as my normal site is only 15 minutes from my home. It is for eight hours instead of twelve and the pay is still £7.50. When the other guard had a week off I had to work all eight of their shifts and they were not moved to another site. I rang the manager and said this he said the site I work on is not my site and I work where I am told. I then said I am sorry but I will not be working that other site for low pay. He said he will discuss this with his team and get back to me. I haven't heard off him and will ring him after the weekend. This company have not provided me a contract to sign, if I decided to leave, do I legally need to provide any notice to stop my pay getting deducted? Will I be entitled for any unpaid leave if I resign? Every time I get my monthly pay, they short change me by the pence. if it says on my payslip £1000.89, I will get paid £1000.00 and not the 89. Is there anything I can do about this? I worked over Christmas and new years and I got no bonus, just £7.50 per hour, they did provide a box of chocolates and a bottle of wine, but that was it. I am not in a union and any advice would be appreciated, thank you.
  2. I have experienced whereby the actions of my workplace union have precluded me from being able to proceed to Employment Tribunal. Consequently, I am left with only the option of filing a personal injury claim against my employer, which the union will not take forward on my behalf. The union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error. Can anyone recommend the services of a competent legal firm with whom they've had success in this area?
  3. I have received a letter "Enforcement Process Commenced for a penalty charge notice to Birmingham City Council for which I know nothing about. I am now stressed wondering whats its all about. The NOtice of enforcement says I owe BCC £97 but sum outstanding is £407. A warrant was issued 08-10-15 which I have never received or even know whats its for. How can I get a stop put to this while I find out much more information about whats going on and why I have never received any other correspondence or court papers? Please give link to relevant document/process so I can sort it out this weekend if you know of one. Also BCC is not local to me it takes me a hours drive. Do I have to go there or can I go to my local magistrates courts? Thanks for any assistance.
  4. Hi there, I've been on the Work Program for about a month, they're useless, but it's something I can put up with. For reference I only claim standard JSA. But that said, I've been sent (via post) of an action that I never actually made any formal agreement to. So I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it? And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future? Cheers -slargfish
  5. we had a visit from a bailiff the other day and he clamped the car outside. the warrant was for driving in a bus lane! The offence was not committed by me. I would like to know the new laws and the new powers that the bailiff have. The bailiff had clamped the car and put a levy letter through the letter box. my partner sat in the car and said she was not getting out of the car as she said she had written to the council to appeal. The bailiff called the police and they turned up. The bailiff showed them a piece of paper with this 68 (1) A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent. (2) A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. (3) A person guilty of an offence under this paragraph is liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, or (b) a fine not exceeding level 4 on the standard scale, or © both. (4) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months. Does this power above apply to both county court and magistrate court? as this is only a county court warrant. would someone get arrested for refusing to get out of the car when the state that this was a peaceful action. The bailiff refused to take part payment of half and half later. but I know that this bailiff had a hidden agenda as his brother had been to our house many years ago and was forceful and charging fees that were incorrect and lost out on all his fees when we complained to TFL. We know this because after we sorted out the payments to the bailiff he then asked what happened with his bother all them years ago! as if he didn't know!
  6. Hi all, I joined Virgin Active gym few months back, and after 2 months of joining I left because I ended up not going because of loss of interest and the price, so I cancelled the DD (the contract was for 6 months), and like a week later I received a letter from them demanding the money, and they sent me a few text messages too. After a few more weeks I received a letter from ARC demanding me to pay £210, they keep calling me constantly, sometimes like 10 calls; one after the other, which I ignored. After couple more weeks ARC sent another letter threatening court actions if the outstanding balance was not paid. 2 weeks later (today) I received a letter from Major Law solicitors threatening court actions as well, they have said I should contact ARC to repaid the debt. I have have had no contact with Virgin, Arc or Major sols yet, meaning I haven't spoken to them. Can they actual take me to court? I don't really care about credit ratings. I am 20, living with my parents, can they get the bailiffs involved? Thanks very much. Any advice is greatly appreciated.
  7. I am part way through a claim for Psychological damage in the workplace, which is being funded via a CFA. I have seen one expert witness, whose report was very favourable to me, with regard to the cause of my mental health. The defendants have now requested that I see an expert witness appointed by themselves, which is due to take place shortly, and I am happy to do so. The mental health team, who have been working with me for the last 3 years, are confident that the 2nd expert witness will not find an alternative reason for my illness, either via my medical notes or discussion with myself. I was rather surprised to receive a letter from my solicitor, suggesting that he makes an offer to the defendants under Section 36. This offer would be for 60% of the lowest amount which I would be likely to be awarded if successful in Court. At this stage, I had not anticipated that we would be offering a low settlement figure, as my solicitor had indicated that we have a strong case, with paperwork and witness statements from colleagues to evidence what happened. My own thinking is that it is better to wait a couple of weeks for the 2nd expert witness report, as this is likely to strengthen our case. As this case is funded via CFA, do I have to agree with the action proposed by my solicitor, or risk losing the CFA funding? Thank you.
  8. Hi, I am renting a flat under Assured Shorthold Tenancy Agreement. I am not sure my deposit is protected by the landlord. I asked my agent for the same but got no response. I read some where that I can take the landlord to the court. I would like to know whether it is possible to file a case in the court while my tenancy has not ended yet? Thanks
  9. I was driving on a country road when my drivers side tyre burst. All my tyres were in good condition. After a violent swerve along the hedge, it was too dangerous to stop on the narrow winding road so I drove on for half a mile, then changed the tyre. the original tyre was completely stripped and the wheel damaged. there was major damage to the wheel hub and the garage have just told me the supension is damaged too The insurance company are implying that the tyre was illegally worn and i am very concerned that they will not pay but the damage to the tyre was due to driving too somewhere safe to change it. did i do wrong?
  10. Suing in the County Court is very easy and pretty cheap. Since April 2013 the limits for Small Claims has been increased to £10,000. You don’t need any special language. You don’t need any special skills – and if you read up a bit before you start – and take advice from the Consumer Action Group – you will have very little difficulty. When dealing with big retailers of goods or services, making a Small Claim in the County Court is generally the only way to break through their rigid procedures and policies in order to force them to take notice of you and to do their job properly. The quicker you start your claim the better. Companies like to get you into protracted but meaningless dialogue so that you end up tired out and you eventually decide to let it go. In addition to this FAQ, please see this much more detailed description of the County Court process . Q. What is a Small Claim? A. A Small Claim is a claim for less than £10,000 and which is unlikely to involve any difficult issues of law and which is likely to take less than 5 hours to deal with at a court hearing. Q. Are there any good sources of information? A. We recommend Patricia Pearl's County Court guide. You can get it from us or from Amazon. It will be cheaper on Amazon - but of course, we would prefer if you buy it from us. There is also lots of information on this website Q. What are the advantages of a Small Claim? A. If you lose your case in court, you will not be responsible for the other side’s costs if they have instructed solicitors. Q. So If I lose I won’t have to pay anything? A. No, you will lose your claim fee and you will lose your allocation fee if you have had to pay one. You may also have to reimburse the other side’s reasonable cost of travel. Q. What is an Allocation / Directions Questionnaire ? A. There is a stage in the proceedings where you will have to complete an allocation/directions questionnaire so that the court can decide what court to hold the hearing in and other matters. It is on the basis of this form that the court will decide to allocate your claim to the Small Claims track. Q. If I win, do I lose anything? A. If you win, you get your claim fee and your allocation fee back from the other side and your reasonable costs of travel. You won't get back anything you have spent on legal advice. Q. Are there other kinds of Claim? A. There is the Fast Track and the Multi-Track. If you lose your claim on these tracks, you will be liable for the other side’s costs. Ouch! Q. Which court will my case be heard in? A. If you are a private individual suing a company then the claim will be heard in your local court. Otherwise the normal rule is that the claim is heard in the local court of the defendant. Q. What if I can’t afford the fees? A. If you don’t have much money, the court fees may be waived. You don’t have to be on benefits for this. You may be employed but have very little available income. Visit your local court office and ask them about it.http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160A-Court-Fees-are-you-exempt.-**Correct-as-at-Feb-2015** Bringing a Claim The courts have had to cut costs so procedures tend to have changed. However, the United Kingdom – but especially England and Wales - have a highly accessible system which is ideal for consumers who want to take on corporate bullies. It is important to adhere to Pre-Action Protocol before issuing a claim..Court expect both parties to take relevant steps pre litigation in an attempt to resolve a dispute. Under new rules brought into force on 1 October 2017, there must be an attempt to enter into correspondence which could go on as long as 90 days before you decide that there is no hope of an agreement and you then issue your letter of claim. Here is a link to the Ministry of Justice PDF document which describes the new pre-action protocol https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf . Most consumer claims can be started online using the Court Services MoneyClaim service. You will need a credit card or debit card to pay the court fee. The claim will be issued from Northampton Bulk processing Centre and will be transferred to a court if the defendant files a defence. If you have very little money and you want to apply for a fees waiver, then you will have to visit your local court and you will have to begin your claim there. Q. So how do I start? A. Log on to MoneyClaim and open an account. It’s free. Go through the steps and fill out each section of the claims process. Make sure that you identify your defendant as an institution or else you will end up having to travel to their court. Q. There isn’t enough space for me to explain my claim. A. Yes, there is very little space. You get about 1050 characters and you have to work within that.This is not a bad thing because many people want to write far too much.A claim is simply where you state the bare facts of the case. You don’t start putting all of your evidence and other information into the claim. That comes later if the case goes to a hearing. In most consumer claims you would simply want to say that you had an account or bought goods on a certain date and with a certain reference number. The goods failed or your account was mismanaged or that money was taken etc.You don’t need very much space to do this. Q. Isn’t there a way that I can include more detail? A. Yes there is. You will see a checkbox where you can indicate that you will be sending a more detailed Particulars of Claim later. Q. If I check that box, when do I send detailed POC? A. You must send the full POC within 14 days of the claim having been served. You send it to the defendant directly. You must then file a certificate of service with the court within a further 14 days. Q. Doesn’t the court get a copy? Send a copy of the full POC to the court once a defence has been filed and the case has been transferred to your local court. Then send it to your local court.You must also file a N215 Certificate of Service within 14 days of the claim being issued. Q. What is the difference between filing documents and serving documents? A. Filing is when you send the documents to the court. Serving is when you send them to the defendant – or to the claimant if it is you who is being sued. Q. How do I draft the full POC? You don’t need any special format – but you must put the name of the claimant and the defendant at the top and also the name of the court and also the claim number. Then it is a good idea to put a bold heading. It will look like this:- After that you can lay out the facts – but remember to keep it brief and factual. Use numbered paragraphs for each point you are making. Keep it short!!! At the end put a statement of truth and sign and date it like this:- Q. So what happens next? A. Well you complete the MoneyClaim form. About two days later it will have been served on the defendant by the court. They then have 14 + 5 days to file an acknowledgement. Q. What if they file an acknowledgment? A. Then they they have 28 days from the date of service to defend the claim. Q. So if they don't acknowledge the claim, they only get 14 days to defend? A. Yes....should they not defend within that 14 days you can proceed to default Judgment. Q. So what happens if they don't defend at all - either after the 14 days or after the 28 days? A. Then you apply for judgment. Q. Do I have to write to the court? A. No you do it online using MoneyClaim. Q. Do I have to remind the defendant or warn them that I'm going to apply for judgment? A. No. You say nothing. You simply apply for judgment. Q. Supposing I don't apply for judgment straightaway, can they still defend? A. Yes, the defendant can file a defence at any time before you get judgment. Q. So I need to do it straightaway? A. Yes. Q. How do I know when the 14 days or the 28 days is up? A. The MoneyClaim system won't let you apply for judgment until the time limit has expired. When it gets close to the time, keep on checking MoneyClaim. You'll suddenly find that it lets you apply for judgment. Q. Do I really get a judgment simply because the other side hasn't responded? A. Yes. It is called a default judgment. However the defendant can try and use a procedure to challenge a default judgment. It is called asking for the judgment to be setaside Q. What happens next? A. After a week or two, you will get a notice from the court saying that you have a judgment in your favour Q. How do I get the money? A. If your claim was for a fixed amount, then you may as well put the bailiffs in. Q. Don't I have to warn the defendant? A. You can do if you want - but it is easier just to press ahead and put the bailiffs in by applying to the court. You will get your £50 bailiff fee back Q. What if the claim was not for a fixed sum? For instance I wanted to leave damages to the judge to decide or I wanted a default entry removed? A. Then there will have to be a hearing to assess damages or to arrange the order to remove the entry. Q. What happens if the defendant files a defence? A. Then each of you will be sent an allocation questionnaire. Each of you will have to complete it. After that, a decision will be made as to which court the case should be transferred to and also as to which Track the case should be allocated to.The claimant will have to pay a hearing fee subject to the value of the claim. Q. How will I know? A. You will receive a notice - probably from your local court tell you that the case has been transferred there. The judge will also set a date to give directions. Q. What are directions? A. Directions are orders from the court about how the case should be managed. The judge may order that the parties disclose certain documents in advance, for instance. You can write to the court and suggest some directions if, for instance, you feel that the defendant has been withholding evidence which you think that it is reasonable to disclose to you. Q. Will I have to attend the directions hearing? A. The notice which you get from the court will tell you if there is to be a hearing and whether you are required to attend. Have a look at at our County Court familiarisation guide for some ideas as to how to prepare yourself for going to court. - http://www.consumeractiongroup.co.uk/forum/content.php?35-Guidance-note-Making-a-County-Court-familiarisation-visit Q. The directions state that both parties must file/serve & exchange documents by a certain date ? A.This is known as Standard Disclosure, in Small Claim Track you can just provide a list of all documents you will rely on and have referred to within your Defence & and Witness Statement.Cases in Fast Track should use the N265 for Standard Disclosure. NB.Anything you do not disclose can not be relied upon or used as evidence. Q. Directions state that both parties should file/serve & exchange Witness Statements by the date stated...is this additional to my defence/claim? A. Yes...this supports and particularises your defence and allows you to refer to case law etc....this should be drafted in your own words and formatted like a statement of case.
  11. I mentioned this in another thread that I had started and was advised that it was worthy of raising as a separate issue in this section. Ross and Roberts debt for council tax. I gave them a walking possession last year, plus £300 up front and agreed to pay £150 a month, which I can afford. However, I paid it via the Internet (their web site) and was a couple of days late. About a week after that payment, they turned up and said that even though I was up to date , they were terminating the agreement and now wanted £1,600 odd or they would take away my car and some of my furniture; they then put the wind up me further by setting out the extra costs that this would involve. I had £1.000 clear in my bank account, paid that , and after the usual threats and posturing , they agreed to accept a cheque for £624.30 for the balance. The cheque for the balance bounced and I immediately called the bailiff and gave him my card details to pay the £624 that was due. I later noticed that they only taken £505.80 which included a £30 fee for the cheque bouncing. I have now got a full statement from them, which I have uploaded. Clearly the explanation is that they got their figures wrong when they called to enforce the warrant. They had not taken into account the last £150 which I had paid, although I did make it crystal clear to them that I had paid it (via the Internet). So, they were after me for too much anyway ! Paying that money left me totally broke and unable to pay my bills or mortgage this month. Consequently I have had to ask a relative to lend me money. I am annoyed that this has happened and feel that they have been most unreasonable. They came out to collect the balance of the money, even though I was up to date with payments (just that I had paid a couple of days late). In doing do, the bailiff earned and extra £178 (see statement). Although technically correct (they do say that if you pay late a further visit may occur with minimum costs of £178), I do feel that in my case it was purely enrichment on their part. And the fact that they did not care about leaving me destitute, sticks in teeth. Is there anything that I can do to get some of my money back? Advice/ help much appreciated,
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