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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fixed term contract problems


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Hi,

 

I was given a month's notice that my one year fixed term contract would finish end of Nov and it wouldn't be renewed. The way this was dealt with was poorly handled. I complained in writing to my manager and asked for the decision to be overturned as the work was still there and there was an agency worker on the team who had only been there for a few months. I was a direct employee of the company.

 

As a result of the meeting with HR and my manager following my complaint letter, I was dismissed immediately and only given two weeks pay in lieu of notice. My contract states a minimum of one week, but surely if I already have notice in writing of an end date this can't subsequently be revoked and reduced? The reason given for my immediate dismissal was my 'reluctance' to train someone else to take over my role. I had merely asked what was my position concerning the training and that I felt uncomfortable with it. At no time did I refuse to do the training. I have had good appraisals, good timekeeping and no time off sick. I have always worked overtime as needed.

 

Any advice would be appreciated.

 

Thanks

 

R

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Terminating your fixed term contract before the due date without good cause is ‘Breach of Contract’

Merely seeking clarification as to your position can hardly be said to be grounds for summary dismissal. In fact, they have unwittingly given you the opportunity to have your case heard by an Employment Tribunal.

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Thanks for your input. Unfortunately the terms and conditions of my contract stated one week's notice could be given either way, so I don't think this is breach of contract.

 

I do wonder how legal it is for them to give me an end date in writing and then subsequently shorten it by three weeks?

 

R

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  • 2 weeks later...

Hi again,

 

I wonder if anyone can help me with the latest development in my case.

 

I raised a formal grievance against my dismissal. I had my grievance meeting today with my former employers. They wouldn't answer any of the questions put to them, merely writing them down and then saying they would come to a decision next week. (I had already outlined all these points in detail in my written grievance submission.) Is this normal during a grievance hearing? They are also saying that I will have no right of appeal against the grievance outcome as I am no longer an employee and therefore they can follow a modified procedure.

 

Any thoughts would be appreciated.

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  • 2 weeks later...

Hi

 

An update on my case: -

 

I have received a written apology for the way my dismissal was handled and they want to to have a 'without prejudice' meeting to discuss my request for further payment (ie compensation). Any tips on how I should handle this? They haven't admitted breaking any rules. I understand a 'without prejudice' meeting cannot be later used in any tribunal claim. Can I still take along a respresentative?

 

Any input would be appreciated.

 

Thanks

 

R

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Hi there,

 

Potentially, as they have technically breached your contract, they could be liable to pay you for the duration of the fixed term contract in law (although it is impossible to say whether this is the case without reading it). There is no wrongful dismissal element to your claim as they paid you adequate notice. Are they worried about a potential discrimination claim?

 

With over 12 months' service, normal unfair dismissal provisions apply. With under 12 months service, as in this case, your action for damages could be limited to the duration of the contract (which is a maximum of three weeks' pay) if there isn't an automatically unfair reason for your dismissal.

 

You don't have the right to be accompanied to the meeting, but it wouldn't hurt to ask. A without prejudice chat is an "off the record" chat, which, when given its true meaning, is a genuine attempt to settle a dispute between two parties. You are correct in saying that it would not be discloseable in Court/Tribunal unless it was found not to have attracted genuine "without prejudice" status.

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  • 2 weeks later...

Thanks for your comments.

 

An update: I had my without prejudice meeting and have been offered just over a month's salary as compensation - offer letter to follow in post along with compromise agreement. They have also offered £250 to cover solicitor's fee for looking over the agreement. Do you think this is reasonable?

 

I had a half hour consultation with a solicitor and he believes I do have a claim for unfair dismissal as my work as a temp there would take me over the one year's service needed. Because the company has breached so many rules I feel strongly about taking this further even if it would just get them to up their offer. However, it's more about the principle and the way I've been treated than the money, although the money is always useful as I'm out of work now. it's a global company with over 60,000 employees and they have to learn they can't treat people in that way.

 

R

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£250 plus VAT is the standard contribution towards legal fees but you would probably get basic advice for this only - i.e. they wouldn't be able to take a detailed analysis of your employment claims for that amount, it would merely be to advise you on the terms and effect of the agreement and to deal with the adminstration of it.

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If they have made you an offer this early on it is because they know they are wrong and trying to buy you off cheaply. The contribution to the compromise agreement is in their interests because CA's anot valid without legal advice or done through ACAS mediator. If you have not issued an ET1 to get it heard in the Tribunal they know you are not serious about making them pay... you have to make them obey the letter of the law not just the spirit.

 

IMO they are shafting you... again!

 

It is about the money if you are unemployed. Are you up to doing this yourself or not, that is the question?

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I agree they are trying to buy me off cheaply, that's why I'll be pushing for more and if necessary taking it to a tribunal.

 

They have admitted in writing they got things wrong and apologised, so they know I have a strong case.

 

I'll keep fighting.

 

R

Edited by recompense41
typo
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Try writing them a without prejudice letter detailing what you actually want. Did the solicitor state what you would actually be entitled to? If not I would ask the guys on here to advise what that figure is. You will then have an idea as to what they are offering is right or not.

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Yes, he suggested a minimum award would be two months pay plus one month for not providing a statement of reasons for my dismissal. In addition any loss of earnings if I don't find another job, up to maximum of a year. Obviously I'm applying and trying very hard to find another job, but in the current climate it is very difficult.

 

I will do as you suggest and write them a without prejudice letter. I did state my desired outcomes in my grievance but it wouldn't hurt emphasising what the solicitor has said.

 

Thanks for your advice

 

R

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Give them a defined period to reply eg 14 days otherwise you will issue proceedings. If you do state this you must follow through with the threat of proceedings otherwise they will not believe you are serious.

 

Good luck, keep us posted we all like good news stories when OP's succeed in their efforts.

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  • 3 weeks later...

Hi,

 

An update on my case -

 

My ex-employers have increased their offer by almost a month's pay, but I have rejected it. I will now be proceeding with my ET1.

 

I have to hold my nerve and risk the money they have offered by pursuing the claim further. If I don't I will aways be left with 'what ifs'.

 

Will keep you posted.

 

R

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  • 2 months later...

Hi,

 

I submitted my ET1 claim back in January. It was accepted and a copy sent to the ex employer. However, I have not heard anymore. I know the respondent would have 28 days in which to reply and then a copy of their ET3 would be sent on to me. Can anyone advise how long this would take after the 28 days? I have tried ringing the office that is dealing with the claim, but the phone rings and rings and is then cut off. I have tried several times a day on different days. Any suggestions? I feel as though I've hit a brick wall.

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Hi,

 

I submitted my ET1 claim back in January. It was accepted and a copy sent to the ex employer. However, I have not heard anymore. I know the respondent would have 28 days in which to reply and then a copy of their ET3 would be sent on to me. Can anyone advise how long this would take after the 28 days? I have tried ringing the office that is dealing with the claim, but the phone rings and rings and is then cut off. I have tried several times a day on different days. Any suggestions? I feel as though I've hit a brick wall.

 

You get the ET3 response from the Employment Tribunal not the employer and it should only take a couple of days to get that out to you.

 

Call the ET dealing with your claim and ask if a defence has been submitted and, if so, where is your copy? This can be done by e-mail as well as phone to use a belt and braces approach and make sure that your request is on record.

 

If no defence has been filed, and no extension of the 28 day response period formally requested by your employer or their brief, I believe that you can ask for a default judgement for the full amount of your claim.

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Try calling again, it may sound basic but have you caled during normal office hours and not at lunch?

 

Try emailing them too. Some tribunals are literally taking weeks to send out ET3s at the moment! The important thing is to make sure that it's been filed.

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Thank you for your reply. I have already tried ringing the employment tribunal office as I stated in my post, on many occasions, but no-one ever answers the phone. I have emailed but all I get is an automated response. Short of going directly to the tribunal office and demanding to speak to someone I don't know what else to do.

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Thank you for your reply. I have already tried ringing the employment tribunal office as I stated in my post, on many occasions, but no-one ever answers the phone. I have emailed but all I get is an automated response. Short of going directly to the tribunal office and demanding to speak to someone I don't know what else to do.

The automated response usually gives a timeline for answering queries. It sounds as if you are in a particularly bad region. In London I get calls answered straight away and e-mails replied to within 5 days.

 

If making a personal appearance is at all possible, it might be the only quick and sure way to find out if your claim is being defended.

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  • 4 weeks later...

Hi, an update,

 

I finally received a copy of the ET3 in which the company deny everything. However in the last couple of days I have received an offer from the respondent (via ACAS) for settlement - but the figure is £1k less than they offered before I took it to tribunal! I am going to turn it down and propose a figure based on the fact that I was out of work for two months after I was unfairly dismissed, and am now earning £3k less a year than previously. Does that sound reasonable?

 

Thanks again for all your input.

 

R

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I think that you may be forgetting that you were on a fixed term contract so I cannot see how the fact you are earning less now is relevant as you would have been finished at that job anyway. I may be being a bit thick so apologies in advance. if the company had just dismissed you or not renewed your fixed term contract then you would not be in a position to claim anything from them.

If I have been of any help, please click on my star and let me know, thank you.

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I understand where you are coming from but it's more involved than simply not renewing a fixed term contract. They summarily dismissed me before the end of the contract without good grounds. In addition the temp on the team is still working for the company; a permanent employee wouldn't be expected to give preference to a temp, so I believe I was treated less favourably than permanent workers.

Edited by recompense41
typo
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