Ex Employer disclosing information about me - is this allowed?

[Samca]

Ah right, it is not easy under the circumstances. Can they not get DSS payments to assist with the mortgage etc? The problem is they won't be sorted, it can haunt them for the next five years or more, AND in some cases the bankruptcy does not mean the mortgage company can't come after them....

 

Yep, you can look up counsel on the Chambers website and see if they also act in Employment law, and then they can give you some help.. Oh, does your brother live in London ? (Slim chance, but FRU may take on his case if he does).

 

Annoyingly, I cannot find the s***ing case in my book now which just states there is a policy of allowing discrimination claims to be heard.. But it IS well known the courts, honest.....

The EOC website says

 

"

8.4 Making a claim outside the time limit

 

 

If you make a late application:

• the Tribunal may hold a pre-hearing review to decide whether to accept your late claim or they may decide this at the start of the full hearing or after they have heard the full case;
• by law the Tribunal can only accept your claim if it believes that it is just and equitable to do so;
• the Tribunal will ask you to explain why your application was late. You will need to have a good and genuine reason for the delay. It is often a good idea to explain the reason on the ET1 when sending in a late application;
  
• some reasons which may make it just and equitable to extend the time for having filed the ET1 are:
  
  • you were too ill to apply to a Tribunal (if so, you are advised to obtain a letter from your GP or consultant as evidence of your ill health);
    
  • you had no reason at the time to believe that you had been discriminated against but further information has since come to light.
    

If you do not file your claim in time because you did not know you had a legal right to make a claim or were given wrong advice you should send in your application as soon as you can, explaining why your claim is late. A Tribunal might exercise its discretion to allow your claim to proceed out of time but will not necessarily do so. If you were given wrong advice, you may have a separate negligence claim against your adviser.

How does the Tribunal decide on late claims?

 

 

In deciding whether to extend the time limit and allow a late claim to proceed, the Tribunal will look at all circumstances of your case and, in particular:

• the length of and reason for the delay;
• the extent to which the evidence is likely to be affected by the delay;
• the extent to which the Respondent has co-operated with any requests for information;
• the promptness with which you acted once you knew of the facts giving rise to the complaint;
  
• any steps you took to obtain appropriate professional advice once you knew (or could have found out) that you might have a claim"
  

I will have another look for that case though, I have it in my head that the EAT or I actually think it was the CoA made a direct statement, I will check a legal search engine.

 

 

 

 

Ahh thanks for that, your a great help.

 

I am begining to wonder whether it is actually going to be more hassel than it is really worth? They really dont need the added stress at the moment. Revenge is surely not sweet at your own expense is it???

 

I think I have managed to convince them that bankruptcy is not the best option as currently there is only actually one Court bailiff after them (it was this bully boy who told them if they filed for bankruptcy he would leave them alone). I have given them the forms to suspend the warrent of execution (and fees remission form) and hopefully this will give them a little extra time.

 

I know that what I am about to say is not very good legal advice (and is certainly not what the firm I have my training contract with is teaching me lol - god my boss would go mad if he could see this lol) but I have suggested to them that they would be better off, going to court with all there CCJ's and arranging payments (i am sure in this economical claimant no DJ would want to see someone declared bankrupt and lose their house over a couple of thousand pounds?).

 

(this next bit is the bad bit) - then they stopp paying the mortgage, as soon as proceedings are issued by the mortgage company they can then make an application to the government mortgage rescue scheme(we are on the border of wales by the way, just outside chester). If they are successful they will get a reduced mortgage if they are not they lose the house and get a council house (which they have resigned to the idea of anyway, - there is no equity in it, in fact probably negative) and then they can all go hop skip and jump, as the saying goes, you cant get blood out of a stone!

 

(gosh this thread has turned and is probably in the wrong forum now lol)

[Samca]

Ahh thanks for that, your a great help.

 

I am begining to wonder whether it is actually going to be more hassel than it is really worth? They really dont need the added stress at the moment. Revenge is surely not sweet at your own expense is it???

 

I think I have managed to convince them that bankruptcy is not the best option as currently there is only actually one Court bailiff after them (it was this bully boy who told them if they filed for bankruptcy he would leave them alone). I have given them the forms to suspend the warrent of execution (and fees remission form) and hopefully this will give them a little extra time.

 

I know that what I am about to say is not very good legal advice (and is certainly not what the firm I have my training contract with is teaching me lol - god my boss would go mad if he could see this lol) but I have suggested to them that they would be better off, going to court with all there CCJ's and arranging payments (i am sure in this economical claimant no DJ would want to see someone declared bankrupt and lose their house over a couple of thousand pounds?).

 

(this next bit is the bad bit) - then they stopp paying the mortgage, as soon as proceedings are issued by the mortgage company they can then make an application to the government mortgage rescue scheme(we are on the border of wales by the way, just outside chester). If they are successful they will get a reduced mortgage if they are not they lose the house and get a council house (which they have resigned to the idea of anyway, - there is no equity in it, in fact probably negative) and then they can all go hop skip and jump, as the saying goes, you cant get blood out of a stone!

 

(gosh this thread has turned and is probably in the wrong forum now lol)

 

should be economical climate not Claimant lol

[Jason F]

I would never recommend anyone seek bankruptcy unless they had absolutely no choice. There are charities who can deal with your creditors and try and sort things out i.e. make payments which you can afford, until you get back on your feet..

 

So they already have lost one court case? Have they made an offer to the creditor to pay them back at say £10 a month etc?

 

To be clear, in the event that the house is in negative equity and the house is repossessed, then sold at auction, the mortgage company can still go after them for the money....... i.e. they don't just start afresh AFAIK.

 

AFter a period of time doesn't the DSS assist with mortgage payments? There is some Govt approved scheme as well for lenders to stop people losing their homes is there not? That may be worth looking into? Change to an IO mortgage, and get a lodger if they have a spare room?

 

And get that claim filed !!!