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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Medical Capability Dismissal


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I agree with JonChris, you do need to write to the Chairman stating your objection to the respondent's request to be allowed further time to compile evidence on the ground that the respondent would have, or should have been aware from the initial claim that this evidence would have been required.

 

It would appear that this is a blatant attempt by the respondent to circumvent the 2 week time period that was ordered at the CMD so that they may get the 4 week period that they wanted.

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.

 

If you find the advice useful please click on my scales.

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The truth of the matter will be that behind the scenes the lawyers are simply waiting for their client to respond to their advices who's probably taken it into his head to be bloody minded because he doesn't like it.........The doctor not being unavailable, allegedly (I would check if you haven't already) will have played into their hands

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Thank you both for the advice, I will definitely be objecting (drafting letter as we speak) I've asked a friend who still works there to make some discrete enquiries re OH's availability as well.

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I wondered if anyone with some experience of these matters to take a quick look over the wording of my objection letter. it's the first one I've written and maybe I've been watching too much LA Law.

 

MY DRAFT

I write further to the respondent’s letter, dated the 2nd May 2008, seeking a 2 week extension to comply with the Tribunal’s directive, to object and to respectfully ask the Tribunal to use it powers to deny this extension.

 

I would like to respectfully remind the Tribunal that the respondent would have and should have been aware from the initial claim, dated 24th February 2008, that further medical evidence would be necessary to support their stance in the ET3. This stance, contrary to the respondents own occupational health report, dated 21st August 2008, that in their view the claimant is not disabled for the purposes of the DDA. From this occupational health report, it should be clear that further specialist medical reports were asked for. Knowing that medical reports already existed the respondent has had plenty of time to obtain them. The fact they have not sought to do so before now should not be a valid reason to extend any further, the additional time they have already been granted.

 

To grant a further extension would be to further penalise the claimant who is only in this position due to the respondent’s unreasonable behaviour.

Edited by eforegg
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May I suggest, that after 1st pointing out the beginning your the claimant, you write it again in the 1st person such as 'I' 'me' etc rather than refer to yourself in the 3rd person

 

If you refer to the 'claimant' when you mean you it makes it look like you have received legal advice (or not to have written it) which may cause the ET to be less forgiving of any mistakes you might make

 

You should remember that you are a 'litigant in person' without any legal training or qualification & should act accordingly........don't, as many do, get caught up in the flowery language of legalese

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JonCris, thanks for the words of wisdom. I've a tendency to trip myself up when trying to follow conventions I'm not at ease with. I'll definitely rewrite from the first person perspective.

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Rather than "Ask" I would suggest that you say as the claimant you "Object" which is a bit stronger. That way they have to take your opinion into account. Just a small point but they should consider your opinion before making any consideration on extensions.

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That's a shame, please keep us updated

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.

 

If you find the advice useful please click on my scales.

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  • 2 weeks later...

A little update, which in my eyes is getting out of hand.

 

Previously I mentioned the respondent was granted a 2 week extension (expires on 23/5) to obtain medical reports which occupational health (OH) had used in preparing a report stating in their opinion I was covered under terms of DDA. They have now come back seeking a further 2 week extension as after approaching the OH doctor, she has told them she's not prepared to release the reports without my consent. I assume this is to comply with data protection.

 

Surely a firm of solicitors and especially one which advertises themselves as specialists in employment law should have known this would have been needed prior to this. This strikes me as an obvious attempt to drag things on and on. I want to object strongly to this but dont want to appear as if I'm objecting to everything. Is it wise to restate my original objection and why this "lack of foresight" should not be used as an excuse for an extension?

 

I'm raging as I write this so sorry if it comes across like a rant. As usual would be happy to hear anyones opinion on this.

Edited by eforegg
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Of course they did. No lawyer thinks they can get your medical records WITHOUT a 'Form of Authority' signed by you. So obvious is it that I assumed you had already given it.

 

To even bother writing to the Dr without it is a complete & utter waste of time

 

Did they include a pre printed form which when signed by you grants them permission to have access to your medical report? If not then they are again playing the stalling game. (watch out they could be using the delays to film you)

 

Do 2 things prepare your own 'Form of Authority' & send it direct to the Dr with a copy to the solicitors explaining you have sent it direct to the Dr & 2nd write to the ET telling what's happened & asking (more as a statement than a question) why the respondents solicitors didn't request such permission at the outset

 

It may not cause the ET to react but it certainly will add fuel to the fire if the solicitor asks for even more time or attempts in anyway to stall matters further

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With this letter asking for another extension they have included an authority for me to sign. I'll do as you suggest.

 

I'm sure I shouldn't put this in my objection however it seems very ironic that this all stems from my employers solicitor not willing to accept one professionals opinion (that I'm covered under DDA), yet they've shown themselves (albeit it's a tactic they are using) to be less than professional aware in their conduct.

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In that case ask, as you now know this document is a necessity, why they didn't ask for it much sooner. Also still send a signed copy direct to the Dr telling the solicitor your doing it to save them time

 

CC the letter to the ET

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I've outlined below my initial draft for the ET if anybody would like to comment please feel free.

 

I write with reference to the above case and specifically with regards the letter from the respondent, dated the 20th May 2008. I would like to respectfully register my objection to yet another extension and to what in essence amounts to a further delay in the proceedings.

 

I would like to ask why the respondent didn't request such permission from me at the outset or even at the CMD? This is especially disappointing given their position, as stated in the ET3, is contrary to the available occupational health reports prepared by the respondents own occupational health provider. It should have been reasonable to assume further medical information would be neccessary to support this contrary stance and consequently as experienced practioners in law they should have known to obtain this medical information, my consent would be required.

 

To grant a further extension would be to further penalise myself who is only in this position due to the respondent’s previous unreasonable behaviour.

 

Pending the outcome of this objection I have today (21st May) forwarded, by recorded delivery the signed form of authority, direct to the occupational health doctor to save the respondent time.

 

 

I've also read the authority mandate they've worded and it seems very vague and all encompassing. I'm perhaps being paranoid but the wording does make me nervous. The following is the exact wording minus the names and addresses of course. Is this standard wording or am I right to feel a touch paranoid? Again any thoughts would be appreciated.

 

. . . . . authorise you to disclose all medical records, GP reports, consultant or other specialist reports and all correspondence relating to me which you hold for me to. . . . .

Edited by eforegg
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They are. They say they only have the occupational health report stating in their [OH] opinion I am covered under DDA. They have no other medical information at all, yet have had since my submission 24th February 2008 to obtain this.

 

Even though I recognise they would like this information to me it seems wrong this far down the line to have done nothing to obtain it.

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Subbing as I've recently been dismissed due to medical capability

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Scarlet

Did you complete any kind of medical questioner when you applied for the job. If so did you admit to your condition

 

If not when was your current employer made aware of your condition & what steps, if any, did they take to alleviate your working situation

 

& are you in a union?

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I completed a questionnaire, and had a medical before starting this job. However, the condition was not diagnosed until I'd been doing it for two years. The employer's reaction at the time was to suspend me, and then move me against medical advice. I was off for 3 months, and they have all the sick notes and two medical reports from that time. Since then I've had several medicals, and my condition has been disclosed on each occasion. In addition, I saw a consultant at the company's request specifically regarding the condition.

 

A few months ago I suffered a repeat of some symptoms; as a result of this, and because I think my line manager is prejudiced towards me, I asked for reasonable adjustments to be made under the DDA.

 

The company's response was to claim that they were unaware of my condition! According to them, they have no record of having sent me to the consultant (do they really think records aren't kept?). They are now sending me to see another consultant with a view to assessing capability; after this, they say they will look at any adjustments. All they've done so far is keep me at arm's length. However, another manager has been indiscreet with colleagues, and has made comments that indicate to me that the company want to get rid of me.

 

I'm not in a union - I was once, but they proved utterly useless when I was first diagnosed, so I binned them.

Edited by ScarletPimpernel
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In my case my condition is depression and when I first went off sick, whilst work and the amount of workload they kept piling on me did not help, there were other factors as well

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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