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  1. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  2. Just 3 months ago I started a new thread on here to highlight the problems that debtors face when taking advice from the internet to issue court claims against bailiff companies or local authorities. In that thread (a copy of which is below) I highlighted the outcome of yet another court failure where the debtor once again lost his case in court and was ordered to pay the local authorities (London Borough of Southwark) legal costs of £4,399. In the above case it was revealed that the debtor was charged £2060 in fees by this highly unqualified McKenze Friend who has an appalling history of court failures behind him. http://www.consumeractiongroup.co.uk/forum/showthread.php?452784-More-legal-cases-against-bailiff-companies-lost-in-court-after-taking-legal-advice-from-the-internet-!! It would seem that during December he has been involved in two further court failures. Interestingly in the very latest one, he claims to have represented the debtor at the Magistrates Court hearing in relation to a criminal complaint. It would seem that the Magistrate refused to allow him to either address the court or to 'cross examine the witnesses'!!! According to the written report from the McKenzie Friend the Magistrate was extremely critical of the defendant and considered that he was lying to the court and that consequently, the McKenzie friend: "executed the procedure to force the trial to be aborted and be re-listed for a new trial" and that: "Im due to Mackenzie again for him, but if I'm declined a second time, then I have a solicitor ready to be pulled from a hat there and then and execute the defence structured on a crown court appeal" What is particularly alarming about this is that with very limited exception, the use of a McKenzie Friend is restricted to County Court proceedings !!!
  3. I note that two cases relating to Private parking are listed at Edinburgh Sheriff Court for tomorrow the 15th January. VCS V Flexistore limited and VCS V Gilbert Reilly The outcome of these will be very interesting assuming they are properly defended. An undefended Judgement will of course prove nothing other than give VCS the opportunity to use their victory as a further scare tactic.
  4. I lost an appeal in November last year and costs were applied £750 - I appealed and this hearing was heard within another hearing Civil Case on Jan 4th 2014 - The Judge awarded the claimant £7,123 - off which £5,000 of this was costs. He mentioned something about only allowing certain sum of costs. I could not pay - single parent on benefits and offered £5 a month - this was refused so I applied for a redetermination hearing which was heard in March 2014. I informed Judge I had a caravan old tower 1997 that I could sell worth about 2k. Advertised on 8 sites including Ebay and no interest. Went back to court on Monday 23rd June to update situation and offered £25 a month (payable by my BF) this was again rejected - again given another 3 months to sell caravan then other party intends to get a high court writ. The upshot is unbeknown to me this debt has gone up - I thought the £750 for previous hearing was already added to final judgement of £7, 123 - the other party have now added interest and further costs on both amounts. I managed to sell some furniture and jewellery and paid £1,000 in April - thinking the debt was now £6,123 but the debt has now increased to £7,300 thereabouts. Impossible situation. My question would be - how do I query this £750 additional ? no mention of this in the final judgement so assumed £5,000 in costs was total. Can I question the interest side of things? if I managed ( family member) to pay off some and get it under the £5,000 does interest cease? The Judge mentioned any debt over £5,000 interest becomes payable. So would it be worth my while loaning the funds from a family member. Thank you for your help in this matter it is all very confusing.
  5. Hi, I recently had costs awarded against me at a PHR. I had not been expecting this. I am picking up the pieces now after the shock of it all. A good friend referred me to this forum and to some recent posts about costs, in particular the fact that the employer is not allowed to charge more than £33 ph for preparing for the hearing. Mine charged £110 ph - this was not challenged by the judge. They also included external solicitor's costs on top. If I apply the £33 limit it works out that I will be paying more in costs than the employer was allowed to claim for. I am incensed by this! What can I do?
  6. I have attended a few disciplinary hearings as a 'friend' of the accused and they always state 'you cannot discuss this matter with anyone'. Is this true? It seems a bit odd that you cannot seek advice or gather evidence from witnesses particularly as they threaten gross misconduct if they find out the accused has disclosed anything that happened in their own hearing. Surely the only duty of holding a confidence lies with those conducting the hearing not the accused?
  7. On the 13th October 2012 I was travelling (with my son) under common law along a Dual Carriageway, through a non residential area at a speed appropriate for the conditions. At no time on the dual carriageway were there any speed restriction signs. I came upon two policy enforcement officers hiding in the bushes with a speed camera. They pulled me over at the end of the dual carriageway to attempt to gain jurisdiction over me. I was adamant that no crime or traffic acts had been broken and the officers had no business pulling me over. With the policy enforcers getting increasingly aggressive I was reluctant to leave the car & asked if I was under any obligation to get out or sign anything. They refused to answer my questions. We ascertained that the policy enforcement officers were not acting under oath and yet they threatened to damage my personal and private property and incarcerate me if I did not comply with their unlawful demands. I refused to contract with the officers and only gave my name and address under threat and duress. shortly afterwards i received the FPN offer of £60 & 3 points. I agreed to the contract on the condition that GM Police proved that I was Liable for their Notice. I did not receive a reply In Substance, only an account of the police's side of the tale. 1. It is my understanding that the speed limit on a dual carriageway is 70 miles per hour (unless otherwise clearly signposted). Section 4 The Traffic Signs and Regulations and General Directions act 2002 2. It is my understanding that it is the responsibility of the local authority to ensure that any restrictions to roads are clearly signposted and illuminated. The Traffic Signs and Regulations and General Directions act 2002 3. It is my understanding that the speed restrictions are unenforceable unless the restrictions are clearly signposted and illuminated. Section 18 The Traffic Signs and Regulations and General Directions act 2002 · It was based on these Acts that I made an appeal to Crown Court after Magistrates chose to ‘deal with the matter in my absence’ despite me being present in court and stood up to give evidence. · In December Dec 2013 a decision was made based on the judge’s personal opinion that the road was a single carriageway that the previous judgement was upheld. · Further evidence from the Traffic & Network Management l Unity Partnership has revealed that the road is officially classified as a restricted dual carriageway. · As we have already ascertained from the extensive photographs that the dual carriageway was not restricted with the required appropriate signage and that the speed limit on a dual carriageway is 70mph, I am therefore of the opinion that no offence has been committed or Act has been contravened. Had the road been displaying appropriate restriction signs then I would have had no intension to exceed them. · I have been denied my right to be tried by my peers in a court-de-joure. · I believe the case lies with the local authority whose responsibility it is to ensure the proper restriction signs are in place. I have given the crown court opportunity to reconsider their decision for redirection before I launch a further appeal. - they have turned it down. I have also asked for a copy of the court's digital recording and asked for the fine to be put on hold until the process has been completed - they have neglected to reply I'm getting increasingly concerned that police officers can behave in this manner, the magistrates appear to ignore the laws laid out for them and gloss over the police's indiscretion. so far - 6 points , £800 court costs, £200 fine & £60 victim support After unsuccessfully flighting this alone I am now more determined than ever to find assistance to find some kind of justice. All constructive comments welcomed
  8. Hi all, Please can you help me. Briefly, we took out a car loan in September 2008 with Black horse, never missed a payment until January this year, which was due to my hubby having a serious accident at work and being on crappy sick pay for 4 months. The monthly payments are £291.06 a month. During this period we wrote to black horse several times informing them of our situation and explaining that we couldnt afford the monthly payments but could pay something towards it but not the full amount. They never responded.....until April when they sent a letter informing us that we are 4 months behind with our payments. We sent a letter back stating the previous letters and offered to pay £100 extra on top of the monthly sum to clear the arrears. Never got anything back. During all this in March we made a payment of £291 (as we could afford to at the time). In June we received a letter stating that we have failed to comply with the default notice and that it appears that we no longer intend to comply with the agreement (we never received a default notice). It goes on about having to get a court order as we have paid more than 1/3rd of agreement. Last week we received a claim form from the court "return of goods hearing". I am now panicking on what to do...we want to keep this car for many reasons and are willing to pay the monthly payments plus an extra £100 on top. What do we do to ensure that we can keep this car, any suggestions would be gratefully received. I have to fill in an Admission form, again this is complicated because on my statement from Blackhorse (included in letter terminating our agreement) it states arrears as of 22nd June £2212.72 + £4091.35 (liability adjustment) = £6304.47, wheras on court claim form they have added another £517.25 for accrued late payment interest and fees. However in my statement it clearly states late payment int collection activity fees......are they just adding on another £500 for the fun of it or can they do this as it doesnt make sense. I dont know whether to admit the whole claim on that basis or not as i dont see how they can add another 500 odd onto it. Also can i write a letter with the response explaining why we went in arrrears etc and why we need to keep the car...will the judge take this into consideration. Someone please help thank you xx
  9. I have just received notification that my appeal tribunal hearing is scheduled for 02/08/12 I was initially informed that the appeal would most likely not be held before 01/10/12 this has left me in a fix, I have not gathered all the evidence yet, and as it has to be presented to the court 7 days in advance this leaves me just over one week! I am trying to get through to the tribunal service, does anyone know if they will postpone the hearing under the circumstances? EDIT I have got through and they have told me to e mail them and ask for a postponement fingers crossed!
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