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  1. The following press report features on SCOOP. Anyone viewing YouTube videos regarding bailiff enforcement, will be familiar with the name of Chrisy Morris (he previously used to call himself Chrissy Morris). Chris Morris features very prominently on many of the FMoTL F/B groups where he is very know know for 'baiting' bailiffs. He will telephone enforcement agents, enforcement companies, court staff etc and upload the conversations onto YouTube. As the article states, he is to face a 2 days trial for obstructing a Enforcement Agent when enforcing a High Court writ. https://tamesidereporter.com/2017/03/patel-cottage-bailiff-eviction-demonstrator-opts-for-trial/
  2. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  3. Hello good people I hope this is the right thread to post this query... I need assistance as to how to go about filing an appeal against the ET judgment i lost for ''unlawful dismissal''... ..This is an NHS matter ..the judge was bias. ..her written judgement even shows her helping the other side to clarify their case.. My question is... . in a situation where it can be easily be shown and proven that the accusations which led my suspension and later dismissal was NOT properly investigated ..can a judge still get away with using points of law like (Post Office v Foley and also HSBC v Madden (Iceland Frozen Foods v Jones BHS v Burchell case, As reasons for ruling against me?.. .I was under suspension for 6 months and virtually NO investigations was carried out. ..for exp..the main Charge nurse who leveled the accusation which led to my suspension was not questioned. .in fact she refused to give further statements. ..persons whom i identified as being involved in the situation were not questioned for 4months. ..it was only AFTER the appeal which was 7 months later that statements were sought from these people. ...and one of them claimed he was in Australia when i saw on FB that he still living in the UK... . I brought these facts up throughout the whole process ... and even in court and judge noted this. ..my Solicitor didn't really do much... there is so much more i can go into. .but this ET judge's decision and reasoning is the most ridiculous i have ever read... I was fired under capability rule... I dont know how to make heads or tails on this matter as it has been going on for a year. ..i do not want to waste money on consulting a barrister if i am going to get screwed around like my current solicitor did... thank you.. This is my first time on here and i will clarify if need be for anyone who can help.. .I am at a loss and i am willing to take this case far as i can.. .as i did nothing wrong ..i was ganged up on an bullied on the job. .then set up... I am from America and i am not familiar with UK employment laws... If need be.. .i can email the Judges decisions to anyone who wants to read..
  4. Please help!!!! This is a long story so please bear with me. My sister hired a car last year to move home. She was on the hire agreement with my Dad as a free driver also. My Dad was caught by a speed camera while moving her stuff to her new house in the hire car. My sister put her current address on the hire agreement The address she was moving from NOT to as she stayed there until two days afterwards. She did not pay for mail forwarding but asked landlord to forward any mail. A NIP was sent a few days afterwards to old address as this was provided by Enterprise hire company. She changed address with DVLA three weeks after moving and recevied confirmation four weeks afterwards that they held her new address Six months afterwards she hears from the DVLA that they have given her 6points and £900 fine for not attending court and providing driver details. She obviously did not know as everything went to old address. She went to court again as she explained she didn't know about it. She was told she did not need legal representation and just to take my Dad and explain he was driving. They both went and my sister pleaded not guilt to speeding (As it was our Dad) and not guilty to providing driver details as she felt she had changed her address in the correct time frame. It is now going to trial and she has been told lots of different things regarding whether she was right/not right to plead not guilty. Apparently the hire company should have told her to provide a forwarding address?? is this correct? The agreement doesn't give her the opportunity to do so. Advice would be VERY most welcome as my sister and my Dad are both very upset
  5. Under section 68.1 of Schedule 12 of the Tribunal Courts & Enforcement Act 2007 it is a very serious offence to obstruct a bailiff. Last week yet another debtor was found guilty of this offence but even more seriously, he was also found guilty of assaulting the bailiff (the bailiff required stitches to his nose). The debt was in relation to an unpaid penalty charge notice. Bailiffs attended the debtors property to request £422. It would seem that previous visits had also been made and on one of the visits, he had sworn at the bailiff before driving off. It was on the 4th visit that the incident occurred. During the one day trial the debtors solicitor claimed that his client had suffered a stroke before the incident and this had led to him being unable to raise his left arm. Unfortunately for the debtor, the medical papers handed to the magistrates did not bear out the stroke claims stating only that Mr Gara had complained of 'weakness' in his arm. After deliberating for 45 minutes, magistrates convicted Mr Gara of assault by beating on March 3rd and also of obstructing a lawful enforcement agent on the same occasion. The presiding magistrate has requested pre sentence reports to be prepared before sentencing at the next hearing on 17th September. http://www.newburytoday.co.uk/news/news/15681/Bailiff-attacked-by-Thatcham-taxi-driver.html
  6. I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case.
  7. A report by Citizen Advice found that people were tempted into free trials for slimming pills or similar health supplements, often by online pop-up adverts or across social media sites featuring celebrity endorsements. People thought they were simply giving their debit or credit card details to pay for the £5 postage and packing. But, if they’d read the extremely long small print, they would have discovered that they had signed up to a monthly subscription for these products unless they cancelled within a set period of time. What can you do to about it? Always read the terms and conditions of any agreement and be wary of any ‘free’ trials that ask for your debit or credit card details. If you do find yourself unwittingly signed up to a CPA the law says you can withdraw your consent and stop a future payment at any time up to the end of business on the day before the payment is due. You can do this by contacting your card issuer. Don’t be put off if they tell you to contact the retailer. It is your right to cancel with your card issuer, and in the case of subscription traps the companies involved are often based abroad and are hard to contact. https://blogs.citizensadvice.org.uk/blog/think-youre-getting-a-free-trial-fat-chance/ s...jpg"]
  8. Hi, Please can you give me advice on my problem with Usenext? I tryed 14 days free trial then was trying to cancel but didnt managed to do it after exact 14 days, so done it 12 hours later. Now they demand 100 Euro for service i dont used during trial and dont have intention to use. despite they agrred with canceling my contract: Hello Tomas, We hereby confirm your revocation for the following services: -------------------------------------------------------------- UseNeXT Smart+ (28.12.2014 - 28.12.2015) -Thank you Tomas
  9. I don't consider myself to be stupid.. but I am not sure what I need to do with this. I received through the post a letter addressed to me, enclosing a card for Amazon Prime - 30 day free trial. I am a regular Amazon customer buying books for my Kindle - I have never indicated in anyway that I would like to take up this service and have never purchased/downloaded videos from them either. My question is, bearing in mind the above that I have never requested this, do I now have to go and cancel this trial or will they automatically bill me £79.00 ??
  10. Just stumbled on this story, has this been posted on here already? and is it actually being implemented yet ? would appear that this government will stop at nothing when it comes to causing pain and suffering to the poor and vulnerable http://www.welfareweekly.com/dwp-gets-tough-sickness-benefit-claimants/
  11. I signed up for the 14 day free trial which ends on 13th Oct 2014. I attempted to cancel the subscription, but could not get any further. When clicking on the "cancel subscription" link, I was taken to a page where I had to verify my email address by inputting the password. When I hit "Enter" NOTHING HAPPENS! This system will NOT let me cancel the subscription! So what next ?
  12. Hi there, I registered for a 30 day trial with eFax as I needed the ability to fax some PDF Documents to the HMRC. I had alot of trouble with the program and instead tried another online product which worked instantly. Consquently I dropped eFax an email stating my desire to cease the trial with immediate effect and close down the account (I was still on the 3rd day by this point) I had an email back from eFax which was a rather obnoxious marketing email with various offers, a very weak apology and the insistence that I phone them to cancel. Rather bemused by this I sent a rather snotty email back stating that I wished to keep the matter in writing, wouldn't be phoning them and purely so there was no margin for dispute on the cancellation (I've been stung on that before) Anyway I received an email back saying my written cancellation was unacceptable as I needed to verify security details with them (Considering the offensive sales pitch in the first email I have fears that should I phone I'll get a sales pitch down my throat for half an hour, something I don't particularly have the time for) The last email I sent to them I confirmed all the details I had given them on the initial signup forms and the last 4 digits of the card number used. I also stated that I was removing their authority to charge my credit card and any attempts to do so would be deemed unauthorised and chargebacks would be made etc. Finally I stated I would not be making verbal contact over the account, that I had a right to keep things in writing and that they 'will' honor the request. Since then I have had no return correspondence and I have yet to receive my MasterCard Statement. My question overall is would you say I've acted correctly? (Open to constructive criticism of course) and am I correct in everything I've explained. Should they card my Credit Card it would be good to know where I stand after the Chargeback has been made. Thanks for your time! Nuke
  13. I am a litigant in person and the Defendants Solicitors have served upon me three witness statements. Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty. I have several problems. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ? All of them state 10 pages and the last page is missing. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue). Several of them have crossings out but are not initialled. Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.
  14. My wife recently joined a slimming help website called JustSlim. Initially they give you a 4 day trial where you can decide to continue with one of their various offers. The way the offers are perceived, by the way they are worded, makes it look like 1 month is £40 but take out a 12 month subscription and it is £15 per month and it has a little asterix explaining the saving based on a single month. It also offered a 30% discount code. My wife signed up, and applied the discount code which didn't work. She contacted them explaining this and asked then to just cancel the account. They replied and said they had fixed it and the discount would be applied. At the end of the trial period she had noticed that they had taken payment for the full yearly amount. Again she contacted them and the reply was surprising. They told her point blank she is not getting her money back as she took out the yearly subscription which is full payment up front. My wife went on to their forum after a few attempts at getting a refund and each answer was similar in that she agreed to join and is not entitled to her money back. I took a look on the website and I looked at how it is laid out and although if you look deeper at their offers it appears the full payment is taken but it is designed to fool you into thinking its a monthly option. I also looked at their cancellation policy which states you have 7 full days to cancel after payment is taken, 'provided you don't use the website'. My wife pointed this out and asked them to cancel her subscription and her account and remove any and all her personal data. The reply came back saying, 'Thank you for contacting us, your posts have been removed as requested'. They removed the posts only because she had made a complaint on their forum. Since contacting them they have been completely blasé about the whole issue and are adamant that no refund will be given despite their policy. My wife contacted them initially within the trial period to cancel and they replied by saying she would receive a the discount offer. She then replied on the day payment was taken, so she still had 7 full days to cancel. This was only yesterday but they are sticking to their guns and have stopped replying. She hasn't used their services since the payment was taken but I noticed today they are sending her 'daily updates' as if she is using their services. Sorry about the length of this 'question'. But what can we do about it?
  15. I was helping someone with a speeding ticket . The original speeding offcence happenned in june 2013. They moved around end of july. Postal redirection was in place but for a good reason the first 2 nip did not arrive. When the third one arrived at the new address the person returned it. This one arrived end of spetember 2013. This one arrived via redirected post. The person filled it in with their own details but ticked the wrong box on it. He sent it back with the correct address on it. On the understanding when the nip is re issued at the correct address he would sort things out. However instead of new nip arriving he recieved a 3 point plus £100 fine offer. He refused it and spoke to somebody at the ticket office. who told him a summons had been issued. When the summons arrived the vehicle could be made out but the driver couldnt be seen. At the hearing this was explained to the magistrates who wouldn't have it one way or another and asked for the drivers name. He was offered two ways out either pay the fine and take the points or go to trial. He agreed on going to trial. Now how does he find out who the driver was ? also how does he sort the form that he filled in correctly but ticked the wrong box ? Speed was 37 in a 30 zone.
  16. http://www.dailymail.co.uk/news/article-2532236/Outrage-hundreds-drink-drivers-named-shamed-Twitter-BEFORE-theyve-chance-fair-trial.html This appears to be causing quite a lot of controversy
  17. Hi all A friend of mine (Defendant) who has severe psychiatric and health problems recently had to attend court regarding a civil case. The Psychiatrist dealing with him was made aware that he was becoming severely distressed by the imminent court case and wrote a letter to the court requesting that the case be adjourned. My friend could not afford to be represented by a solicitor, but went along to court with a friend, not legally qualified, to offer him help and support. Unfortunately, whilst the Doctors letter was received by the court, and placed on the files, it was not read by the judge before the start of the trial. The claimants had employed the services of a barrister, so it was not much of a competition. About 15 minutes into the trial the friend realised that it was apparent the judge had not read the letter, and brought it to the judges attention. The letter was found and read, along with two other letters that the friend produced confirming his friends state of mind. It was decided that the trial should continue, with suitable breaks if necessary. Needless to say the Defendant and his friend were totally out of their depth, and lost the case, even though there was a suspicion that something was not quite right with case, else why the need for a barrister? There is now a real concern for my friends well being as this has completely finished him off and he stands to loose all he has including his home. I wonder if there is any point in appealing the case, or whether there is any advice I can give him. The tragedy is he is dying and probably doesn't have that long to live. He cannot afford to employ a solicitor, and I suspect that appealing would just add hugely to his already huge costs. Your thoughts would be appreciated. AF
  18. I have fallen foul to this company, even people like myself who thoroughly look into things before they buy can get caught out by these shrewd websites. Even when you read the T&C's thinking that you know what you are doing, they sneak in and get your money and its too late to stop it from happening. These people dont believe in following their own terms and conditions. You can cancel this "programme" within 14 days (which I did), However on the 12th day they had already taken £180 plus from my bank account. It certainly wasnt a free trial. I ordered my two free product's which was a months supply, you had 14 days to cancel, as i said I did on the 13th day. However I hadnt received my free products at his stage so on the 7th day I emailed them as suggested in their T&C's but no response. i called them 2 days later. The number has technical problems. called a few more times over the next few days, still the same problem. on the 13th day I wrote and cancelled. Unbeknown to me that they had already taken the next months money out of my bank. T&C's clearly state they take the money out of your account on the 30th day for the next months supply. I hadnt even had the 1st months yet. Phoned my bank, nothing they can do until it shows up on my statement, shows up on there end though, but I have to wait to see who has taken this money out of my account. From what I can figure out going by their T&C's, is that I have 1 months supply of A product, plus P&P of £4.95 and another months supply of B product plus P&P of £4.95. It comes to £180/190 plus a few change. Kicking myself is a complete understatement. I feel pretty stupid, especially as I always advise people to stay away from places like these. I really have no excuse. Safter I have wallowed in self pity for a while, i shall be off to my bank first thing in the morning to try and recover my money. I have to say that I was lucky the money was in my bank, or unlucky, but I had been saving hard for something I had wanted for a while, that I was getting on Wednesday, but looks like that wont happen now until I can get the money put back in my bank. I was told this morning from the bank (phone banking) that its unlikely I will get the money back. However I wont be leaving my bank until they do something in getting my money returned to me. I have a few bits and pieces of info that I can take in the bank with me. so wish me luck for Monday. In the mean time I shall be making a few complaints. I am also wondering if they have acted unlawfully?
  19. Hi, this is my first time on this site but I really need some help. So basically I've been claiming JSA since graduating university and during this time I had a paid internship at a company which lasted until April. I was offered a sales job and took it on the basis that I really wanted to get some additional skills done. I had to come off JSA because it was over 15 hours. This started as a trial period but both the employer and myself decided that I was unskilled and wasn't up for the job. The job lasted for about a week; and I was paid for that week. I went back on JSA and started to look for more jobs. A month later I got a letter that my claim was "in doubt" because I had "left my job voluntary" even though I had explained to the Job Centre that it was a mutual decision. I have now been sanctioned for 3 years because of this. I did tell the Job Centre that I had been looking for voluntary work after I had left my job. I will really appreciate all the help I can get.
  20. Like a lot of people have experienced the sharp end of Legalcare.co.uk free-trial, I too have been a victim of their dodgy website practices (very basically, I googled "free legal advice" and LegalCare came up, their website said 14-day free trial), which I trialled and didn't like, so I cancelled the only way I could see how DURING the free trial, by cancelling my paypal subscription. A lot of people, like me, found out that cancelling this way isn't accepted by Legalcare - Legalcare want you to cancel in a specific way (which they made very hidden and uneasy to work out how to do - hence why a lot of us have fallen victim after our free-trial ended). What is surprising about Legalcare is they are far more keen and VERY quick to send you threatening emails and Solicitor threats of taking you to the Small Claims Courts if you don't pay them their full-year's subscription, than they are about Customer Service and getting their website to be very clear about how to cancel (though they have since made some improvements to their site). That's the background - but here is my question. I have twice spoken to Legalcare's debt collection solicitors (GPB Solicitors) and have told them that I have done nothing wrong and that I never used the services of LegalCare outside of the free trial and that no one can force me to be a customer of their's when I've explicitly told them I do not wish to be.... .... and twice they've asked me to write in outlining my story and they will 'review the case'. At first I was happy to do this, but now I am having serious doubts about writing to a debt collection firm of solicitors who are considering taking me to the Small Claims Courts - not because I have done anything wrong, but because I fear they may use what I write against me in a Small Claims Courts. Obviously I am not a solicitor myself so I feel that anything I put in writing to them, a firm of solicitors, would need to be written by a solicitor (to protect me) ! What advice could anyone give me about LegalCare and how to handle this ? PS - I am aware of the other threads on this website regarding Legalcare and their 'sting in the tail'..... Many thanks.
  21. Hi, My wife has been put in the work related group for ESA, however she is appealing and it is soon going to trial. She has cerebral palsy and as a result of the nervous system being damaged at birth also suffers from general anxiety disorder and nocturnal bruxism (severe night time teeth clenching) which gives her severe pain and vertigo. She was put on ill health retirement in Feb 2012 at 36 years of age. If placed in the support group we would be entitled to about £60 a week, which would be helpful for her private osteopath treatment (there is no physiotherapy treatment on the NHS for adults with cerebral palsy) and special shoes she needs to wear. How can the government expect her to go to a trial and represent herself when she is in bed most of the time feeling very sick and dizzy? What sort of questions will they ask her at the trial? will they all be relevant to her case? do they ask about daily living limitations, and pick out things from the esa50 and ATOS medical questionnaire. Will they try and catch her out? What sort of evidence would go in her favour? She is seeing a neurologist on 18th March and hopes to get a report from him. She is an intelligent lady and worries that this might go against her at the trial. Any help on this would be gratefully received as her anxiety levels are currently very high.
  22. I just wanted to get an understanding if anything could be done about this.... I have a claim that I raised in dispute against a large company in Jan 2011. This went back and forth for exchange of letters on liability for a while. In the end they told me to jog on...so I issued a claim against them. It was defended and is set to go to court in December. This claim is for around £300 Two things happened, I had a telephone allocation hearing at which point the judge slightly chastised the solicitor for not engaging in mediation or trying to resolve the issue. Secondly the Defendant wanted an entire day to hear the claim, judge wasn't best pleased and gave him 90 mins, and stated that the hearing is only to determine whether or not the item in question met the legal requirement (not all the other issues that are being clouded by the Defendant). An order come through around 10 days later and within that order both sides had to file and serve all documents they wanted to rely on at the hearing, this was set at end of October. Subsequently today I received another document from the Defendant simply saying: Please find enclosed supplementary bundle documents which the Defendant intends to rely on at the hearing. Is this allowed? I don't really want them to be sending documents left right and centre, even though the court set a date.
  23. I have recently ended a probationary trial period myself. I discussed the reason as to why with HR two weeks prior and stated that I did not approve of the office politics. After ending my trial period I handed in a Med 3 and self certification to cover myself. (two months). Do you think this will be the end of the issue or will the company make waves for me, as I am unsure of how much notice I should have given. Fortunatately I had not received a full contract of employment only a brief terms of contract in my offer of employment. I have no intention of making waves or taking any matters further, just to walk away quietly and put the last three months behind me.
  24. Dear All Just to let you know that the trial of the 7 remaining directors (2 directors took voluntary disqualification) begins this coming Monday 21 May 2012. It is at the High Court, London and is set down for 6 weeks. We have updated Unfairpak to include live Twitter feeds, a blog which we will update each day to sum up what has happened in Court and contact details if you need any help. We also still have the Forum running and can advise you and help you with any aspects of the Liquidation of Farepak. You can also follow us on Twitter @unfairpak Hopefully there will be an end to this debacle soon as it is now 5 1/2 long years since Farepak went into administration. If we can do anything to help anyone affected by Farepak or wanting to know more about the case against directors then please get in touch. Kind Regards from all the team at Unfairpak P.S. I hope we are in the right place to post! I cannot post the link to Unfairpak as I have to have more than 10 posts to do so.
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