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Found 50 results

  1. Hello, I would really appreciate if someone could give me some feedback as to whether to appeal the PCN. Yesterday I parked down a road with a school on, outside housing which is very busy with cars. I parked on a high kerb between two driveways which my car did not over hang onto either of the driveways and i was not obstructing pedestrians or either houses. My car is slightly over onto the dropped kerb, we are talking cm. I have attached photo's for reference, if someone could please let me know what they thi, I would be very grateful. This should be it, thanks. Car PDF.pdf
  2. Atos stopped my pip in May, I asked for a mandatory reconsideration but they didn't change the decision. I have a hormonal imbalance (Hypogonadism), OCD, Severe depression, generalised anxiety and tried committing suicide 8 times since 2010. I just can't be bothered with the stress of appealing the decision. Is it common for people who are actually in need of this benefit not to appeal?
  3. Hello Everyone I hope that someone could help with the following legal situation: Someone took me to the County Court to have enforcement of an Employment Tribunal granted as the original ET decision was 11 years old. YES 11 Years Old! At the first hearing the DJ struck out the judgment and listed a date for the matter to be heard again (the claimant did not attend). At the second hearing, I was stuck in traffic and did not get to the court in time and judgment was awarded to the claimant in default. At the third hearing where we both attended, the DJ heard submissions from both parties and struck out the claimant's request to enforce the judgement as it was substantially out of time. The claimant has appealed that decision, again not within 21 days, but 55 days, and was refused on paper as being "totally without merit" and with no excuse for being ouside the 21 day time limit. The claimant is entitled to have that decision reviewed at a hearing, I am just wondering the following: a) Do I even need to attend? b) What will be the courts view on his constant flouting of the time limits? c) Is 55 days anyway acceptable if he has no reason? d) Do I need to present counter arguments to his alleged evidence? even if they do not touch on his delay outside the time limits. e) Do I need to make a skeleton argument? f) At the last hearing, I was asked by the DJ if I wanted to make an application for costs, I said that as long as the matter was at an end, then no. My question is what costs can I apply for, can I apply for the previous hearing if I declined to seek costs then? Thanks everyone for any advice
  4. I was at a privately owned retail car park a few weeks ago in the evening and overstayed by 10 minutes . Firstly, I am not the registered keeper; it is my mother's car. She had sent me out for a Mcdonalds for her and we ended up having an argument over the phone. I stayed in the car park for a while before going home so we could both calm down. My mother has schizophrenia so she can be VERY difficult to deal with and very irrational and demanding, hence why I didn't want to go home. Result is, I overstayed in the car park by a whole 10 minutes and 14 seconds. This particular car park gives you one hour free parking, after which you have to pay £2 for an additional hour if you wish to stay longer. Today my mother received a parking charge notice from Parking Eye for £100, reduced to £60 if paid by 8/11/2016. This is two days before I get my wages so I can't afford to pay anything until the 10/11/2016 when I get paid, I will be liable for the full charge. It's in her name though and they state they don't know who the driver is. They say not to name the driver in the template appeal letter I found but I don't want them dragging my mother to court or sending her letters as she's ill and disabled and can't cope with stress without becoming ill. But I feel that a £100, or even a £60 charge is excessive for 10 minutes. A whole hour would have only cost me £2 had I had the frame of mind to remember to buy a ticket/realise how long I'd been there. I can't afford to pay such a high charge and I don't at all believe the landowner lost this much money by me being there for 10 minutes. My question is, can I appeal this on excessive charges claims? I've done some research of my own about this but I've read a court case where Parking Eye successfully won after taking someone to court because the car park this person was issued a parking charge for had a 1 hour free stay. The judge ruled something about the landowner not making a profit in any other way from their car park and hence the charge was considered commercially justifiable and the person had to pay the parking charge. I don't want to be dragged to court for £100 and potentially have other charges added on top of a heap load of stress put on me. I have my own mental health issues (depression/anxiety) so I can't cope with Any advice? I really can't afford £100 for a 10 minute over stay.
  5. I feel so upset and frustrated. I got pip for a year, then after an assessment for renewal they did not award me enough points to carry on getting it. Before I was getting the standard care rate. I appealed and asked for the mandatory reconsideration but again the DWP refused to award me. Only after being sent out all the forms did I see where the missing points were. I am working with Harc and it was for preparing food and both the recent form, and previous form my answers were the same yet they did not award the 4 points the second time but gave me the same points for the same things as last time, bar that. So, I appealed and went to the tribunal and they awarded me more points which took me to enhanced care and lower mobility and I thought great, finally over. Got a letter through dated the 24th (my appeal was on the 18th) and it says we've applied to the tribunal or a statement of the reasons for the decision made on the 18th as we may wish to consider applying for permission to appeal against that decision. I'm sorry we won't be paying you the benefit awarded by the first-tier tribunal at the present time. We have one month to consider applying for permission to appeal. The period of one month starts from when they first=tier tribunal reasons has been issued. If we decide not to apply for permission to appeal we'll start paying you the benefit strait away and we'll pay money we owe you, if we apply for permission to appeal and it's not granted, we'll consider if we can start paying you (what do they mean they'll consider if they can start paying me???) I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this. Please can someone help me understand what's happening here and what I should do. Much appreciated.
  6. After scoring zero points on my 3rd WCA assessment (so no change there ) I find my self in a dilemma! Do I or do I not claim Universal Credit [uC] Well.................... http://www.rightsnet.org.uk/forums/viewthread/10218/ http://www.rightsnet.org.uk/forums/viewthread/9951/ That's in Full Service areas I'm still in a single claimant area so..... I'm going for it.... ; a. LHA change of circumstances in today NIL income declaration well except for DLA,. b. going to have to argue for an annotated fit note from a GP I've seen before from here http://www.rightsnet.org.uk/forums/viewthread/8408/ c. sent off the SAR and Mandatory Reconsideration with proof of posting this morning. Now the basics of the argument are; a, as you have not claimed UC there is no new claim nor conversion to UC regs. b, as there is no new claim nor migration it's all just a new phase in the same ESA claim which REG 30 applies too Antone knows there shizzle on this procedural stuff so maybe can advise? So ESA at assessment rate with DLA/.PIP premiums is still....
  7. Hi all, been browsing this site regarding appeals for forgetting my railcard but haven't seen anything regarding a railcard on Oyster (apologies if this has been covered). Travelled from Shenfield to East Croydon on my Oyster today from where I was planning on buying a ticket to Brighton to complete my journey. I'd been in a massive rush to catch my train as I only found out at about 7am that I was meant to be at university at 10 rather than 11 which got me hurrying, I didn't have time to buy a paper ticket I thought I'd use my Oyster which had my railcard added to it. Unfortunately, I hadn't realised I'd left my railcard in my old wallet (birthday recently, received a new compact one and had moved a few 'essentials' to it but forgot that) and an inspector on the train to East Croydon fined me £20 for not carrying the railcard, which I paid on the spot. At the time I asked him if I could appeal it and if I'd have any chance of being successful, he said I might have a bit of luck. I'll be sending a copy of my railcard as proof that I do possess one (and in any case, don't you actually have to have one to put it on your Oyster, as opposed to a paper ticket which you can buy without it being physically present?) Does anyone have any experience as to whether I might have any chance of success here? I'd really rather not pay the fine, it was a genuine honest mistake which I have explained in my appeal letter. Thanks all!
  8. Hi there, I've just realised this thread might be more appropriate in the "Local Authority Parking and Traffic Offences" sub-forum, if a moderator wouldn't mind moving it please? I've received a PCN for being in a bus lane that I want to appeal. I'm not trying to claim that ignorance is a valid excuse, however I wasn't aware I had been in a bus lane until the notice came through the door. It was an unfamiliar piece of road for me and there were a significant number of road works and closures which obviously did distract me from the sign (my own fault admittedly), but there were not (and aren't in the evidence) any markings on the floor whatsoever to indicate it is a bus lane. I haven't had chance to go back to the road, but from the looks of Google Street View (2014) there is a sign on either side of the road indicating it is for buses and cyclists only, but absolutely nothing on the ground (I can't link the exact street view due to low post count, sorry). The pictures on my PCN indicate the same lack of markings. Is this sufficient grounds to appeal as some sites I've read suggest? I've been looking all morning for any legislation I can quote that states what markings/indication should be present but I haven't been able to find anything - if such a thing exists, I'd be hugely grateful if someone would point me in the right direction. Any help generally is really appreciated. Thanks for reading, Curt
  9. Hello, 9 I have recently failed my ESA medical after scoring less than the required amount of points needed. I have appealed the decision made by the DWP. I am in receipt of housing benefit at the moment as well. I have claimed ESA a few years ago for a different health condition and once again I failed the medical. At this time I was also in receipt of Housing Benefit and Child Tax Credit and Child Benefit for my daughter, who no longer receives these benefit's but still lives with me. When I appealed the ESA decision a few years ago, I was able to keep my HB claim ongoing as I still had an income from my daughter's CB and CTC. This time however, I don't have this as an income. I am currently meeting my day to day living needs from a small amount of money given to me each week by my other daughter. My concern is will I still receive HB whilst I'm appealing the decision made by the DWP this time around as I have no income of my own? Will Housing Benefit allow me to receive my weekly award if I have no income of my own? I know I will get the basic assessment rate of ESA whilst my appeal is being looked at but whilst I am waiting for my appeal to go through (which I hear takes around a fortnight) I will have no income so I am unsure as to whether I will be still awarded any HB. I hope this makes some sense and I thank you for any help or advice.
  10. please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused. My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys. how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager. She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses
  11. Due to an injury at work I have been on incapacity benefitfor the past 15 years. Back in 2001 I was called in and deemed fit for work,all benefit stopped etc. I appealed this but went to the Job Centre as advisedand they could see I was not fit for work and sent me back to the Doctors for asick note. I did this but DWP had contacted my doctor and stated that I was fitfor work and not to issue me with any sick notes. I went on to win my appealand my benefit was re-instated. Moving forward in 2011 I was called in for an assessment andduly completed the pre assessment form but at the same time I was taken ill anddiagnosed with cancer. I called dwp and they agreed to put my assessment onhold whilst I went ahead with the chemo etc. In July I was called in for an assessment, no pre assessmentform was sent or completed. As a result I given nil points and was deemed fitfor work. I have asked dwp to re consider as the report had manyinaccuracies and that my health has deteriorated sum what and none of this wastake into account and in August I was now diagnosed with a lung disease . DWPwould not change their minds quoting that I stated this and that on my preassessment report – what report I even told them that they were going on areport that was 3 years old which they said that would not happen. I have now gone to tribunal which has been accepted and toget my ESA payment (at the lower rate) re-instated I am told I would need toget a sick note from my doctor. So I have just been to my doctor and low and behold I wasinformed that she could not give me a sick note, but I did get a copy of myrecord and it clearly states that in 2001 DWP have said fit for work do notissue sick notes. Can someone please advise me what I can do as I had had NO money since July . Though my partnerworks be it only part time I am told I am not entitled to anything.
  12. I was issued a penalty fare on the buses. The inspector told me it was because my card had not been registered by the machine, then issued me with a penalty fare notice. The notice says that the reasons were that I had insufficient funds on my card. This is demonstrably untrue as I have a receipt to prove this. Can I appeal on these grounds?
  13. Hi All Parked in Brighton last Saturday morning. Placed parking ticket on dashboard, checked it was in place after shutting door and went off shopping. Returned to find ticket on car floor and Contractual Payment Charge on window. Charge states that 'ticket falling from dashboard' will not be accepted as grounds for appeal. I appealed anyway on the basis that: 1. Tickets are paper, not adhesive, so cannot be secured 2. Weather was windy 3. Stated that I cannot be responsible for what happens when I am not at the car. There are many reasons beyond my control that the ticket could fall. My claim has been rejected by what looks like a standard letter. I have been told I can appeal to the IAS but if I don't pay the ticket within 14 days I cannot get the reduced amount (even if appealing). I would be grateful for any advice in appealing this charge which feels totally unfair as I bought the ticket. There was no intent on my part to evade paying for parking. kind regards Steve
  14. Hi, I've just been turned down for a budgeting loan and was hoping for some advise if it's worth appealing the decision. The reason given was that my partner and I have not been receiving income based benefits for the 26 weeks. We have actually been claiming income based jobseekers since early August. I was the main claimant until December when we decided to close the claim so we could change main claimants. Our new claim started the very next day. Because we changed main claimant does that mean the 26 weeks only starts in December? Thanks in advance for any advice you may have.
  15. Hi, We just heard that our first appeal against this PCN has been rejected so I thought I'd better seek some advice before submitting a second one. The story is that: 1) We wanted to stay for the maximum 2 hour limit in a Teignbridge District Council (Devon) car park. Like many kids, our 6 year old son likes to put the money in the machine so we gave him two pound coins but, unfortunately, he pressed the green button before the machine had registered the 2nd coin so we ended up with a ticket for only 30 minutes and no change (as the machine would not return the 2nd pound and, typically, we didn't have any more change on us). 2) I jotted down the RINGO automatic payment number and then went to a café where I paid by phone for a 2 hour stay. At the time, I just assumed I'd only be guilty of overpaying the council (and the ticket machine has no problems with overpayments so we didn't think twice about overpaying via the telephone system). By the way, since losing our appeal, I've realised that the service doesn't even allow for a 1 and a half hour payment. 3) We were desperate to keep to the maximum 2 hour limit and so returned to the car 1 and a half hours after our first payment (so well within the two hour limit) and, you guessed it, found a Contravention 84 notice on the car: “Parked with additional payment made to extend the stay beyond first time purchased”. 4) I immediately tried to ring the number provided but it was on December 31st and so no-one answered, however, in our appeal, I took a screen shot of this attempted call and suggested that it supports our claim that we were not trying to fiddle the system by staying beyond their time limit. 5) Our appeal was rejected as they stated we weren't specifically acknowledging the details of Contravention 84. We've since read this convention many, many times (i.e. “Parked with additional payment made to extend the stay beyond first time purchased”) and, despite feeling like we are being well and truly stitched up here, find it hard to argue with the narrow scope of the wording of the contravention. Any suggestions? I've attached photos of the PCN, the original ticket and the ticket machine. I don't have any photos of the car park signs and, as we were on holiday, it would be tricky (though not impossible - my family live there) to get one. Thank you in advance!
  16. Hi, I have sanction placed on my JSA for failing to attend a work appointment and have told the job centre numerous times that this was because I did not received the letters until after these appointments. I appealed again over the phone and received the letter attached. I was wondering what to do next and whether anyone can help me. Thank You Kat [ATTACH=CONFIG]55410[/ATTACH]
  17. Firstly, Thank you everyone for all your contributions on this website, I have read through most of it and it was of real help to my particular problem regarding CCJ. I have a query if you can help and advise. I received a CCJ in April 2014 for parking in one of the sites maintained by Parking Eye company during Dec 2013. The reason was that, I moved from my previous residence and all the reminders and court communication were sent to my previous address including the CCJ appeals form. I collected the letters from my previous address and since it was a court judgment, I immediately paid the £165 in June 2014. My credit file shows a CCJ as 'Satisfied'. Now the actual problem is, all my possibilities to get a loan or a mortgage have diminished and I am being perceived as a financial offender or a kind of fraudster by financial institutions. My Personal loan application was turned down and credit card applications were declined. This has caused a lot of trauma mentally and I cannot help thinking on it everyday. Everything seems difficult for me now. I am in a permanent employment and have never missed any payments. The only thing I can do is to appeal or challenge against the default decision since I didn't had a slightest idea about it due to the communication being sent to my previous address. Please advise if the appeal is possible now since I have paid the amount and much time has been lapsed since the judgment. Your advise will be of great help. Thank you
  18. Hi - I need some advice to help a friend - they have just been through a court hearing regarding illegal repossession of a car under finance - the judgement has not yet been given however from what they say it could go either way So here is where my friend needs help if the judge rules for the other side and awards them money and costs what would be thier next step - as when I say my friend has literally nothing but the shirt on his back I am not overstating his position - could he appeal on the basis that he has nothing and barely earns enough to live on? If so how would he go about stopping the finance company from hounding him while he does appeal I would really appreciate any help on this as he is a wreck sweating over the outcome in case he ends up with more debt than what he was arguing that the company were not entitled to
  19. Hi All, I have been reading through a few threads regarding appealling to POPLA, I am a little unclear about something if someone could clarify? When asking to see sight of the contract between the landowner and the PPC in order to ask how they claim GPEOL, do you ask for this from the PPC to include in your appeal to POPLA or do you ask POPLA to present this information? Cheers.
  20. Hi, I have had nothing but grief for a few years from my employer. A local council. I have put in a few complaints of bullying, being treated differently etc but always tried to just do my job. I have challeneged my employer in the correct process but it is very much an old boys club Yesterday I was suspended on a possible gross misconduct charge of theft of council time and frog marched out the building. I admitted to using the internet but I have to alot as I am the only person that does my job and I network with other specialists around the country for advice. I have to do this as they have refused to send me on any training etc for 4 years despite my job needing to be completely up to date with current and statute law. I get refused everything but everyone else is ok. I raise this as an issue every year and when I was turned down again I was told to source then information for free from other resources. I did use the I internet to book a holiday whilst at work, I admit that, but I leave the internet on in the background as I am always in and out of reference sites. This latest episode started a couple of weeks ago when I was told I was not allowed to use my own car anymore for visits,I said it wasn't fair and sent a spotty email to my manager saying I will challenge it as it was not yet policy. This went to her manager, then to their manager and I was ccalled in the next day to apologise. Whilst there I was then told my internet use was excessive and they would investigate, I was questioned about why my leave was all used up and 2 very pathetic other issues, going to dentist and working over my hours a little. I was then told I would be looking at a verbal or written warning and to keep my head Down and work hard. On Friday I was called back in and told off about using too much colour ink??? The head of the service said that others had done it and far more than me but I had better watch myself. Then yesterday I was suspended. I have been off sick several times with work place stress, I had a total hysterectomy whilst I was in The job after being raped and not supported and they tried to stop me going to counseling, I am no longer with the union so what do I do? Request data subject all I can, put an FOI in for all employees I internet usage? I think this is disproportionate, a verbal warning at most. I feel criminalized too. Everyone goes on the internet, why ani pulled up for it? Is it because of my sexuality? Please, please help. They cannot get away with this. I also won a national award for my work last November so they cannot say I don't do my job
  21. Hello, I have received a enforcement notice - re Council tax liability order and need to appeal The reason for appeal is - I have not received the council tax bill despite telling the council to send me - 3 times - I was not sent a letter for intent of court proceedings - I was not sent a summons letter - not being sent a summons, hence not able to defend. The property was rented to a tenant who left and informed the council a wrong moving date. I told the council that the tenant was lying and sent me an email with a different moving date and then they did not move out on the agreed date but overstayed. After leaving they did not close the utility bills and I finally got a utulity bill - a different date again - nearly 1 month after they left the property, still no keys returned. The council found my number somehow and told me to pay the money from when the tenant has told them they had moved out. I informed that I will not be paying someone's bill but I am willing to pay from when I had infomed them that the tenant had left. I will pay my liability from that date but he said that he cannot change the system and I have to pay from when the year starts being 1st Apr, even though I was paying extra 26days. I also told them to send the bill and the receipt by post or email but have not received anything. Having looked at form N244, and reading the posts, the enforcement notice does not have a claim number and I do not a clue what the number is, so what can I do, where can I get it from or can I leave it out? there are two enforcement notices with two different account numbers, - do I need to fill out two N244's or can it be done with one? How do I go about appealing and possible set aside the judgement? Any help appreaciated. Thanks
  22. Hi there, after a home visit medical I was awarded high mobility and NO care. I cannot understand how they have decided that I have not been awarded care component. I am thinking i should appeal, but i have several questions. the letter says that i can write or phone within 1 month of date of letter. (I have about 10 days left) and that if since receiving this letter we have sent you a written statement of reasons for our decision you have at least an extra 14 days to make your appeal. How do you get a written statement of reasons? .. In the award letter it does say having considered all the information i have decided the following ( and incorrectly lists not needing help to prepare a meal, lists day attention areas not needed. and not needing night attention more than once or for 20 mins or more a night).... is this the statement of reasons? How do you get to see what was written in the EMP report as i cannot see how the difficulties i stated ( i recorded the medical for my own memory) would result in a NO care award. when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission is the same for DLA? I will probably have some more questions , but right now i need to know how to proceed . many thanks in advance
  23. Hi Dear, good day 2 u. Hope you are all well. I am sure with your expertise i will be able to make further inroads against FOS adjudicator's appeal on this matter. I am hoping you can assist and advise me on this to make a final decision to appeal against the FOS decision on accept their £150 offer. Kindly pls c below letter from FOS: * Dear Mr Tom, your complaint about Barclays Bank Plc Thank you for talking to me today. As promised, l am writing to set out my understanding of your complaint and to let you know where I am with it. my role and how our service works l am here to give an independent opinion on your complaint. That means that l will look at everything that you and Barclays' send us, weigh up what has happened and then offer my own opinion on how l think this complaint should be resolved. my understanding of your complaint From your correspondence, this complaint is about the problems that you have had after Barclays closed your account and registered information to the CIFAS database following you falling victim to a job [problem]. You told me that Barclays delays in removing the information recorded on the CIFAS database caused you significant distress and inconvenience and that you have had problems with trying to open a current account since. my thoughts Barclays has confirmed that it removed the all information that it recorded to Credit Industry Fraud Avoidance System (CIFAS) was removed on 10 February 2014. Barclays has said that this is the only information that it recorded about your account to this (or indeed any) agency as a result of the account closure. l cannot say why you are still having problems obtaining a current account from another company as Barclays has removed the information that it recorded to CIFAS and as far as far as I can see your credit file remains clear of any involvement by Barclays. However, Barclays accepts that it is clear that this marker was still showing for roughly a month longer than it should have been and that this caused you significant problems. what Barclays has offered In view of the delays, Barclays would like to offer further compensation to fully settle the complaint. Barclays has offered to: Pay you a further £I50 to acknowledge the distress and inconvenience that it has caused (bringing the total offered to £300). At this stage, I think that this is a reasonable offer. However, l would welcome your comments. If you accept the offer, please sign the enclosed settlement form and return it to me. On the other hand, if you do not feel able to accept the offer, please let me know, so that l can consider any further points. " In our leaflet, your complaint and the ombudsman, we explain about your right to ask the ombudsman to review your complaint — as the final stage in our process. l look forward to hearing from you as soon as possible — and in any event by 30th May 20I4. Please let me know now if you plan to reply fully but do not think you will be able to meet that deadline. Yours sincerely *end The FOS guy called me on this Wednesday and ask me what amount of compensation/level I was looking for... to which I said I do not know...whilst discussing about the complain. Today I receive this letter/offer from them. I had made an appeal against Barclays offer of £150 because I knew they were getting away with it. And justifying my reasons as below when appealing FOS. ** Below are some of reasons I had gone to the FOS: 1) the maladministration and negligence of the misplacement of my important letters (royal mail deliveries), after it had been signed for and received by the Barclays personnel as indicated by the tracking receipts, 2) The excessive delay and length of time it had taken Barclays to remove my CIFAS; it was only removed on February 2014 and final confirmation received on 9th March; when all information was received and available for the team at Barclays on 03rd January, 3) Prior to CIFAS entry in 2013, I had been successful in opening a current & savings a/c with Barclays, with my previous reputation as a consumer in 2013. This in fact, after I had been abroad for a long time and not been operating any a/c's in UK for almost 10 years. And now, my difficulty in opening a current a/c or business, even after the CIFAS had been removed on XXXXX Feb (my latest refusal of current a/c on XXXXX February), is proving that my reputation as a Consumer has been badly tarnished and damaged compared to the Consumer reputation before CIFAS entry, (looking at my credit file I have NO adverse credit history.. as i had been from away from the UK for almost 10 years.. and on the closed barclays a/c on creditfile.. it says 0.. 'zero' .. which means the a/c has been closed successfully). Though to this day I have not been able open a/c current a/c with facilities.) 4) The amount of time (almost 65 -75 hours) and effort, I have spent on painstakingly putting together and drafting documents to Barclays bank through internet researching, public forums discussions, getting lawful advice, analysis and thinking on how to best handle this issue when dealing with Barclays. 5) The amount expenses I have incurred through this process in royal mail signed for deliveries, almost 17-25 expensive telephone calls, scanning, emailing and faxing cost of documents that was sent to Barclays. If not for my persistent calls to the Barclays support team during January, I would not been been able to bring this matter to what it is now. Only when my phone calls had raised my case to a level 3 status, I did receive a feedback from Toby on 08th Feb. 6) Loss of revenues, because I had not been able to operate a current or business a/c with my Forever Living Products International Distributors License over the last two and half months, due to the initiation of the CIFAS by Barclays. Pls see attached distribution licence document & purchase receipts. ( Also when i sopke to the FOS guy today... he said loss of opportunity with my business can cannot be taken into a/con this appeal) 7) The pain and suffering that has resulted from this extremely difficult process has been very difficult to deal with and I'm still reeling from the damage caused to me as a consumer. My suffering has been sufficiently admitted and addressed by Barclays, by their very own 'Regulated Poor Service' delivery in their correspondence to me. I have attached these letters for your attention. Therefore I have been unable to accept their level of offer of compensation and feel badly affected by the damage caused to my reputation as a Consumer. ** What is your take on this and advise on it? should I go further? I know you have a lot of experience on these matters. If I am appealing how I can make it the appeal a better one , thus I will be able to be better compensate. Pls advise. Here Below is the original appeal that I made against Barclays at FOS: ** On XXXXXXXXX my Barclays bank current & savings accounts got closed.. without any notice or a request of any clarification from the consumer (me) on the matter of concern. Following this, I had applied for a current a/c at Halifax XXXXXXX and the application was rejected. Its only then I came to realise that Barclays had initiated a CIFAS entry. After a few days of shocks and upon speaking to my colleague and to the police officer (on the reception) at XXXXXX police station, I decided to clear my name. My friend on (XXXXXX) advised me to report the issue to the bank. I then drew up an informative document and met the Staff at XXXXX Barclays Branch on (XXXXXX) around 3.15 pm. The staff member had then contacted the customer support at Barclays and explained the situation and the available proof of documents on hand. I then decided to pursue the matter further with Barclays complaints team in writing. I also lodged a complaint with actionfraud.uk and was presented with a reference number which was disclosed to Barclays. I wrote to The Customer Relationship Manager at XXXXX processing Centre on XXXXX Dec and presented him with all the information I had. Letter and documents sent to the bank were sent on royal mail signed for 1st class service. The Bank then wrote back to me on XXXX 2014. mentioning the case was closed and requested more information if bank was to remove the CIFAS that had been initiated. I then on XXXXXX 2014, sent them further information and the money transfer receipts that was requested. By XXXXX, I still had not received any update and no further action had been taken on this, even though the documents had been signed & received by Barclays on 8th Jan. Alarmed, I call the support team on XXXXXXXX, and had requested them the case (XXXXXXXX) to be re-opened & escalated, which they did so. Shocked again.. to see no further action had been taken as of 8.10 am on XXXXXX 2014, I wrote to XXXXX again and sent him copy of alI correspondence that I had sent him on 6th of Jan through royal mail signed for 1st class. Still no response. Not even a phone call with an update. Expecting a response from Barclays, I kept calling the Barclays support team again and again, to see whether anything has been done about the CIFAS entry, because by now I had supplied all evidence they had requested. On the phone, whenever I called, the support team kept telling me, that they were waiting for someone to work on the case. I asked them whether they can confirm receipt, of my last two recorded deliveries,to which I was told, that 'they may have received it by now and that these were in the process to be scanned into their support system'. I felt something was not right here... thus kept digging. The royal mail tracking confirmed that both set of letters & documents had been signed & received, by the Barclays personnel on 08th Jan and 16th Jan respectively. Thus as pointed above, Barclays had received them, though nothing had been done about it, because they couldn’t find these documents. It had been lost or displaced by maladministration and negligence by Barclays. Subsequently, the above fact was admitted and confirmed by Senior Case Manager at Barclays on 8th Feb 2014, because he had explained what had happened and requested me a copy of the both the letters on email and proof of royal mail posting on fax. He admitted and apologized for the above negligence and delay on my matter. I had then sent him both letters (sent on 06 Jan & 15 Jan respectively), and proof of both royal mail tracking receipts for these. I did these on the same day. Subsequently the CIFAS was removed on 10th Feb. I thought things would be 'ok' by now, but only got awoken up again. During the time of CIFAS and after the removal of it, I had applied to XXXXX (once during CIFAS) and XXXXXX (once during CIFAS) and (once after CIFAS removed on XXXX Feb) to open a current/business a/c to operate my business of XXXXX products license. I had been trying to open a current a/c or business a/cto set up this business as sole trader since the Barclays a/c closure, and had been experiencing difficulties in opening one due to to the CIFAS. By now the whole affair with Barclays had become very wearisome and I once again had raised all these concerns [inability to open a current a/c due to side effects of the CIFAS even after its removal], with XXXX where he had assured earlier on, that he will look into if I had any issues with rejection a current a/c opening and requested that I would notify if such was the case. On XXXX Feb my application for a current a/c at XXXX was turned down. And I did report the matter to XXXX and had asked him to take remedial actions to solve this recurring 'turned downs'. After further telephone conversations and email correspondences, I finally received a page of letter of 'pathetic nature' (apologies for my language here)as below along with a cheque for £150 from Barclays on dated XXXXXXXth Feb. I wish to bring to your notice here, that on this instance of correspondence from Barclays dated XXXX, I ONLY RECEIVED the above 2 items(1 single page letter & cheque was received) and no mention of any other issues had been raised with Toby had been addressed. I was very very upset about this final response and was unable to accept, the offer/final decision from Barclays on this matter. I immediately drew up my dissatisfaction of this decision and notified Senior Case Manager at Barclays on email on XXXX March (as below) along with proof of my purchase of the XXXX Products License to make them understand the issues I had been facing because of the CIFAS initiation. I then sent a copy of the email & along with license, to XXXX, on the same day through royal mail signed for delivery, 03rd March for a further review of their final decision on this matter. I received a response from Barclays on this on XXXX, 1) with one letter dated 11) and copy of another 2 page letter 'providing explanation of CIFAS and other concerns raised', which I should have received [but which I did not receive] on 20th March, along with the letter & cheque I had received. Thus once again only upon my complaint on 03rd March, I had then received the detailed explanation of CIFAS removal. I have been very concerned all along, with the service that I had been receiving from Barclays, ever since the my a/c's closure incident, and it had proved to be right. Right from the start I intuitively felt alarm bells ringing. 1) the maladministration and negligence of the misplacement of my important letters (royal mail deliveries), after it had been signed for and received by the Barclays personnel as indicated by the tracking receipts, 2) The excessive delay and length of time it had taken Barclays to remove my CIFAS; it was only removed on 10th February and final confirmation received on 9th March; when all information was received and available for the team at Barclays on 8th January, 3) Prior to CIFAS entry in 2013, I had been successful in opening a current & savings a/c with Barclays, with my previous reputation as a consumer in 2013. This in fact, after I had been abroad for a long time and not been operating any a/c's in UK for almost 10 years. And now, my difficulty in opening a current a/c or business, even after the CIFAS had been removed on XXXX Feb (my latest refusal of XXXX current a/c on XXXXX February), is proving that my reputation as a Consumer has been badly tarnished and damaged compared to the Consumer reputation before CIFAS entry, 4) The amount of time (almost 65 -75 hours) and effort, I have spent on painstakingly putting together and drafting documents to Barclays bank through internet researching, public forums discussions, getting lawful advice, analysis and thinking on how to best handle this issue when dealing with Barclays. 5) The amount expenses I have incurred through this process in royal mail signed for deliveries, almost 17-25 expensive telephone calls, scanning, emailing and faxing cost of documents that was sent to Barclays. If not for my persistent calls to the Barclays support team during January, I would not been been able to bring this matter to what it is now. Only when my phone calls had raised my case to a level 3 status, I did receive a feedback from Toby on 08th Feb. 6) Loss of revenues, because I had not been able to operate a current or business a/c with my Products License over the last two and half months, due to the initiation of the CIFAS by Barclays. Pls see attached distribution licence document & purchase receipts. 7) The pain and suffering that has resulted from this extremely difficult process has been very difficult to deal with and I'm still reeling from the damage caused to me as a consumer. My suffering has been sufficiently admitted and addressed by Barclays, by their very own 'Regulated Poor Service' delivery in their correspondence to me. I have attached these letters for your attention. Therefore I have been unable to accept their level of offer of compensation and feel badly affected by the damage caused to my reputation as a Consumer. Thus I have reach out to you find rightful justice on this matter. I am confident a justified solution can be reached through you, both in compensation and a repair of my reputation as a consumer that which existed, prior to the CIFAS entry. I am looking forward to your PROMPT solution and reply. Thank you. **end of letter to FOS ** PLS HELP. Tks tom
  24. I was making a delivery on a single yellow line. i received the pcn. I wrote back to redbridge council explaining this and they refused saying i have to appeal to the adjudicator. I did this sending them my contract of employment and letter from my employers saying i was making a delivery that day. I did not attend and the adjudicator rejected my case, saying the letter from my employer does not state i was actually making a delivery to the road concerned and the company office and where the pcn took place is a long way away. To me it seems like clutching at straws, so i got my boss to write a letter confirming i was delivering on that road at the time, and i sent it to the adjudicator for a review. I got a letter back today saying, edited: 'the general principles of review are that fact and law are generally final. One adjudicator will not overturn the findings of fact or law of another unless there are compelling reasons for doing so, such as where the findings are not compatible with the evidence before the original adjudicator unless the original adjudicator can be shown to to have taken into account some immaterial matter or to have overlooked or missapprehended some matterial matter that undermines his or her decision.. his/her decision is final and can not be reviewed You contest the findings of fact made by the adjudicator. The adjudicator made findings that the exemption for a delivery was not proved in your case. The adjudicator was entitled to come to this conclusion on the evidence for the reasons given. The new information that you now produce is not new evidence 'the existence of which could not reasonably have been known or foreseen' within the meaning of para 12 of the schedule of to the civil enforcement of parking contraventions (england) representations and appeals regs 2007. It should have been put before the original adjudicator. It will not therefore be taken into account now. your other representations are essentially no more than a dissagreement with the original adjudicators findings and a repitition of the submissions made before. there is no reason to conclude that the original adjudicator did not consider all the matters you raised in your original representations. Your application for review is there rejected. Surely this is rediculous? If i can prove i was making a delivery where the original ajducator was sceptical that is grounds to show he missaprehended or mis interpreted my evidence? How can they say i should have shown that evidence to the original ajdudicator? I was not going to know he would be so nit picky with a letter from my employers? Could i go to a solictor to contest this? I do have legal cover on my home insurance and car insurance. Do you think i have a case?
  25. Hi there, Today I was instantly dismissed following an investigation into alleged gross misconduct. The misconduct in question was uploading several photos to facebook (stupid I know!) but other employees in the same store have done the same offense and not had any disciplinary actions. Previous to this I have not had anyone talk to me about the social media policy nor about the inappropriate nature of the photos. I am going to appeal but I was just wondering if anyone had any ideas on how to word my letter or even what to include? I'm totally at a loss! Thanks for any help! Scarlett.
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