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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Medical Capability Dismissal


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Hi all,

 

it's now 2 weeks exactly to the start of the hearing (28th, 29th & 30th of October) To be honest I never thought I would have made it this far. It's now at the stage, that compensation is so much less of an issue (I wouldn't turn it down) and it's now about being able to air my views and feelings. Anyway enough of that.

 

I wanted a wee bit of advise to make sure I dont phrase something the wrong way, etc. My old job from which I was dismissed was outsourced and ironically I now work for the company that the jobs were outsourced to. Totally different office in a totally different town. The repsondents solicitor has contacted me to say as on my ET1 I asked for re-employment & compensation now that I'm working for a different employer "to allow them to properly prepare can I advise if I still want them to look at re-employment with my old employer"

 

I was going to reply no that part of the claim is no longer applicable in light of my current employment situation, although I'm currently paid a lot less than what my salary was in my old job.

 

Am I being to cautious/cynical, should I just be saying as I was planning or should I be careful what I say?

 

As usual any help or advise would be appreciated. Incidently re the pension calc, what a nightmare but managed to get an acutary at the company I now work to do the calculation for me. . and I'm glad I did frightening the losses you occur from pension rights alone!!

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  • 3 weeks later...

Good point stan....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Hi folks, I cant say a great deal about this for the usual legal reasons but a settlement was reached at the last minute a couple of days ago.

 

I cant say i feel like I won but I also certainly didn't lose. Just actually feel pretty sad that it had to come to this.

 

It's weird this is the first time I could face going online just played with the kids and tried not to ponder etc. Time to move on I guess.

 

What I would like to say is thank to each and every person who has offered support and help, over what has nearly been a year. Its been so very much appreciated and I know for certain I would never have reached here without it, and for that I know my family are grateful this forum exists.

 

Thank you

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Well done :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Good news. So glad that you pursued this rather than just sat back and took it :)

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Good news, eforegg.

 

Makes you wonder why they decided to settle at the last minute rather than go to the tribunal........Could it be that their solicitor had advised that on balance of probabilities they might have stood a good chance of losing the tribunal??

 

Now is the time to sit back, relax and move on from this.

 

I wish you all the best for the future.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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  • 3 weeks later...

''I cant say i feel like I won but I also certainly didn't lose. Just actually feel pretty sad that it had to come to this.''

My thoughts are with you. I was in a very similar situation with an almost identical outcome (settled at the Tribunal before the hearing started) and you have summed it up well.

 

I understand your feelings completely. It took me a few weeks to come to terms with the outcome, even though it was positive, as it was a strange anti-climax after months and months of stress, both before my dismissal and after. However, I must say I do not regret for one minute that I pursued the matter. The thought of never knowing if I might have succeeded would be hard to bear.

 

I'm sure as time goes on you will, like me, come to accept that it was good and you will realise that, in essence, they were admitting their guilt by making a settlement. If the employers had nothing to hide and were sure of their case, they would want the hearing to go ahead and allow their actions to be in the public domain.

 

It took me a while to come to terms with the settlement - and even longer to get the funds from my solicitor (but that's another story). I hope by now you are able to see it for what it was - a victory for you, you achieved something and it was all down to you. It is sad that these things have to happen but you have proved your own strength by seeing it through.

 

I hope things are looking up for you and wish you all the best for the future.

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