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    • Hi all,   I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.   One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline. I haven't really found a clear answer to one or two things: 1) Can i change the hearing venue to my preferred county court? 2) What's my reason for considering the case not suitable for the small claims tack and what alternative?   I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.   I am really counting on your advise please
    • I have contested a parking ticket on Bradfield Rd car park in Sheffield i was only there in April for 39 minutes but got issued a ticket saying i was parked in permit holders space. Its normally free for 1hr 30. I have attempted to pay the original fine but it would seem there reference number is incorrect as it does not let me pay.  They have now sent letters demanding £160 and have passed the charge to a company called Zenith.  I have rang wrote etc but cannot get any form of coherent communication and am now worried as to what to do next any advice appreciated.
    • Hi caggers,  OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).   They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.   I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.   They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.   They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.   Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.   Thanks PM
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      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
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Are converstions between ACAS and Lawyers protected?

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I have a PHR on shortly to dicuss a time bar on a sexual Discrimination case.


The Respondants lawyer has lodegd papers that indicate the last event of discrimination was on say the 1st of the month that would time bar the application to the ET.


They have submitted over 200 pages of lodgements that have no mention of an incident on the 1st of the month beacuse there never was an incident on that date


I have over 1100 pages of information (which has been disclosed to the other side) and there is not a single mention of any incident on the 1st of the month.


Thier lawyer has contacted me (in a panic) over these date.


He now says that the 1st of the month date arose from conversations with ACAS during a pre hearing settlement discussion (verbal not written)


I canot contact the ACAS Concillator at this moment to conffirm if this is true or not.


However i believe that any conversations between ACAS and both parties legal representatives in relation to a settlement are without predudice and are therefore protected.


This of course does not remove the fact that had the correct dates of incidents been used for the application to the ET for a PHR on the grounds of a time bar, then i do not think the Chairperson would have allowed it to proceed.


I am on shaky ground here , but i belive that the laywer for the other side has atempted to decieve the court to secure the PHR


They have also used the usual application for cost, application for deposit, no reasonable chance of success etc


Any suggestions as to how to proceed?


I need help really quickly!!

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Can I just clarify roddyn66, make sure I'm with ya-


Have you conceded to ACAS "off the record" that there are grounds for the time bar, and now seemingly ACAS has passed this on to The Respondant?


Sorry, I don't quite understand what's happened.

I am hungover.

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No there are no grounds for a time bar at all, they say the last incident was on the 1st of the application for a PHR.


But in 1100 pages of evidence there is no mention of an incident on the 1st, in fact there are three incidents that are discussed in great detail over three hearings all after this 'invented' date.


They happened on the 3rd, 5th and 7th of the month. i have screeds of eveidence to prove this including the minutes of the greivence and the appeal


ACAS have only been involved in an atempt to settle prior to the ET


At no point in any communication with ACAS is this date of the last incident mentioned nor discussed.


I think thay have lied to the ET to secure a PHR and will try to use a verbal conversation with ACAS as justification for the PHR.


Since this is a protected conversation it canot be reffered to any way.

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Right. I'm with ya. Your OP does make sense, I wasn't reading it right.

I think you've answered your own question.

There's no evidence of this incident in the minutes or any of the documents.


I don't know what the exact rules are regarding using what was supposedly said in ACAS mediation, whether they're without prejudice (I'd have thought so), but I think the Chairperson will wave their hand and say they don't want to know.


Respondants will try anything.

Apps. for PHR, costs, deposit etc. seem to be pretty much standard procedure these days.


Are you a litigant in person, union rep in this case?

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I am representing my partner


Can you explain what you mean by the chairperson waving this off?


My challange to the vailidity of the evidence ie that it comes form protected conversations




the atempt by the respondants laywer to introduce it?


i was going to site the following in defence


framlington group ltd & axa framlington group ltd v barnetson




brunel university & schwatrz v webster & vaseghi


any thoughts?

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The purpose of ACAS mediation is to provide a platform for the parties to resolve the issue(s) without the need to go to ET.

It shouldn't (IMO) be an opportunity for one party to try to garner something to back up their case.


I mean, what is the Respondant's rep planning to say?


"Sir! Sir!, Please Sir! I haven't got any evidence or anything, but the bloke at ACAS told me that The Applicant's rep said this, that and the other!"


Are they intending to call ACAS as a witness!?


I just don't feel the Chairperson will have any time for this at all. I doubt you'll have to argue anything. Certainly not caselaw.


If the incidents on the 3rd, 5th and 7th were mentioned at the grievance/appeal hearings, and the employer didn't challenge them then, I think you're perfectly safe.

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