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    • 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  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      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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depression facing investigation which is still not started after 8mths please help me


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hi to all,

i have written on this forum before and got great advise,however the problem is still here.

in brief,i am a nurse in a private hospital,i suffered a major episode of depression,management aware of same. last april i made mistakes at work,i carried on workin for a week until i cud not handle it any longer. i have been covered by sick certs from my gp. employer told me the were investigating my mistakes to see if it was a disciplinary matter. it has been 8mths since i made these mistakes and they still have to interview me.

i have been liasing with my employers through my rcn rep as i wasnt well enough to deal wit it. all my collegues think it is appalling how i have been treated and how it was all handled. i now just want to get it over wit,but am wondering shud i seek legal advise? papasmurf was very helpful last time i was here,so if u r there i wud so appreciate ur advise.

furthermore, i am not being paid by my employer and am stressed out financially too. i am tryin very hard to get better and am seeing a psychaitrist.

after my 6mth probationary period my employer told me i was makin some mistakes,i then informed her i was feelin depressed again and was takin medication. immediately after that i was sent to HR they started a capabilitly programme,and a list of procedure i wud have to be supervised on and complete in a certain time frame or i wud loose my job.

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Coming from a medical background on this, I would be asking myself if I was fit to work. If you are making mistakes then there is a problem that must be addressed before you hurt someone.

 

Are you a memebr of UNISON?

 

The capability route, as I understand it can be useful if the objective is to return you to a professional standard by supporting and monitoring you however I suspect it may equally be used to shunt people out of their jobs.

 

You need Union support.

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Hi sadgirl

 

this statement they make

 

"in the meantime the investigation will go ahead. however they say in the letter that the disciplinary procedure has not yet been invoked

 

I may be wrong but dont think so but when they suspended you that was them using there 'Disciplinary & Grievances' Procedures to do this so therefore the Disciplinary Procedure has in fact been invoked from the suspension.

 

You need to request a copy of there 'Disciplinary & Grievance' Procedure.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 5 months later...

hi papasmurf,

you have given great advise in the past and i just wanted to know if you have any further advise because its really stressing me out.

to summerise i am a nurse who is facing disciplinary action due to mistakes i made at work on 30th march 2011. i went off sick myself because i knew i cud not do my job due to depression and didnt want to risk patient care.

i am still off sick not being paid by employer. i had two disciplinary hearings the last one was 23rd march 2012 i still have yet to recieve an outcome. this whole process has been very gruelling and my union rep isnt very helpful she seems more interested in keepin in the hospitals good books than supportin me.

i just want employers to give me an answer.

i have been very honest wit them i never tried to hide mistakes i owned up to them, the were not serious mistakes and no one was hurt.

can you please give me some advise, i cant seem to recover from my depression and move on wit my life because of this.

the investigation was awful as it was over a year later i cudnt remember much and therefore found it difficult to answer any questions. throughout the hearing the seemed to be suggestin that i wasnt unwell even getting statements from collegues who said i seemed fine. they suggested i didnt inform employers that i was unwell whereas the opposite was true i kept them updated wit medication changes i was breakin down in tears in managers office sayin how stressed i was. the matron told me to use my acting skills to pretend i was ok!

i just want it to end and in the future to be able to work as a nurse again

please help! thanks,

sadgirl

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hi papasmurf,

you have given great advise in the past and i just wanted to know if you have any further advise because its really stressing me out.

to summerise i am a nurse who is facing disciplinary action due to mistakes i made at work on 30th march 2011. i went off sick myself because i knew i cud not do my job due to depression and didnt want to risk patient care.

i am still off sick not being paid by employer. i had two disciplinary hearings the last one was 23rd march 2012 i still have yet to recieve an outcome. this whole process has been very gruelling and my union rep isnt very helpful she seems more interested in keepin in the hospitals good books than supportin me.

i just want employers to give me an answer.

i have been very honest wit them i never tried to hide mistakes i owned up to them, the were not serious mistakes and no one was hurt.

can you please give me some advise, i cant seem to recover from my depression and move on wit my life because of this.

the investigation was awful as it was over a year later i cudnt remember much and therefore found it difficult to answer any questions. throughout the hearing the seemed to be suggestin that i wasnt unwell even getting statements from collegues who said i seemed fine. they suggested i didnt inform employers that i was unwell whereas the opposite was true i kept them updated wit medication changes i was breakin down in tears in managers office sayin how stressed i was. the matron told me to use my acting skills to pretend i was ok!

i just want it to end and in the future to be able to work as a nurse again

please help! thanks,

sadgirl

 

I hope you have the discipline policy... a breach of time guidelines within the policy could well be an act of discrimination. They are waiting for you to resign... don't.

 

Look to the policy and decide if they are discriminating against you,, put in a grievance alleging discrimination. If you have done so in the past allege victimisation.

 

At the end of the day you are going to have to decide if you issue ET proceedings and fight or just walk away. If you think it is better to walk away cut loose and try and regain your life.

 

You could try and issue proceedings and go to ACAS to get some sort of settlement... its down to you... the union don't want to know discrimination cases. Unless you fight them too as previously indicated as I say you are on your own (apart from CAG).

 

Remember you have 3 months to issue a claim and I think your time is running on this last ocassion.

 

You may want to ask what money you would get if you won... it might not be a lot but others may have a better idea than me.

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  • 2 weeks later...

hi papasmurf,

just wanted to let u no wat has happened since i last posted here. bascially sinceit was over a month since the investigation i decided to write a grievence letter about the length of time the investigation process was taking and demanded reasons to alot of questions i had as well as asking them had they considered that i mite be covered under the disability discrimination act. my rcn rep felt this was a bad move but i was so frustrated that i could no longer sit back and wait to see what they would do.

however a few days later i got a letter from them stating that although they should dismiss me they decided to give me a final written warning on my record for 12mths and when i was fit to return to work i would be supervised and they would refer me to the Nursing midwifery council due to my health and poor performance.

the problem is my confidence is shattered and i am scared in case i go back and i make more mistakes. whats your take on the situation i greatly appreciate your advise.

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hi papasmurf,

just wanted to let u no wat has happened since i last posted here. bascially sinceit was over a month since the investigation i decided to write a grievence letter about the length of time the investigation process was taking and demanded reasons to alot of questions i had as well as asking them had they considered that i mite be covered under the disability discrimination act. my rcn rep felt this was a bad move but i was so frustrated that i could no longer sit back and wait to see what they would do.

however a few days later i got a letter from them stating that although they should dismiss me they decided to give me a final written warning on my record for 12mths and when i was fit to return to work i would be supervised and they would refer me to the Nursing midwifery council due to my health and poor performance.

the problem is my confidence is shattered and i am scared in case i go back and i make more mistakes. whats your take on the situation i greatly appreciate your advise.

 

Seems like you made progress. The RCN..... typically...... would not take on a discriminatory practice and in effect practiced a discrimination on you too. They are worse than useless.

 

The employer backed away and gave you a warning, which in the contact of Equality Law could be viewed as a detriment. Personally I would lodge an appeal if you are still in time.

 

By telling you that you are to be supervised in the future, that means they are going after you, so once you are well enough to go back to work, I would insist that a new working environment is sorted otherwise old history is bound to come into the equation.

 

Here are the codes that you have to abide by http://www.nmc-uk.org/Documents/Standards/The-code-A4-20100406.pdf

I am not sure where your health comes into it. Perhaps you could write and ask why they would rely on the NMC codes when dealing with health issues. Poor performance is another matter. However it seems to me that they are prejudging and issue which is akin to bullying. Again why don't you write and ask for clarification. Challenge pre judge statements.... if they are 'giving you the benefit of doubt' then they should be concentrating on supporting and training you not issuing threats as to what disciplinary action they will take. Sound very much like victimisation because you challenged them in a grievance.

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thanks so much for your advise i agree with everything you said. i am not sure they would accomodate me to work in a new area. it does seem like they are not actually giving me a fair chance, things are exactly the same as the were. i am not sure what to say in an appeal . but i was going to ask my gp who is amazing to assess if i am covered under the disability discrimination act which i think i am and maybe they would back off. my biggest fear is that if i appeal they will then dismiss me. i dont know if i have grounds to appeal it because i did make mistakes but i was sick and when i am well i am a good nurse. lots of my friends agree that i should appeal it. its all a bit terrifying. if i dont appeal and go back to work i fear the working environment will be horrible being scrutinised everyday.

is the best option to resign? would it be difficult to get another job with a wriiten warning on my record?

thank you.

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They won't change a warning to a dismissal. That would be unfair and unlawful.

 

if you made mistakes but were sick that is a clear training issue. Highlight the times when you were well and didn't make mistakes. Highlight the way they went for you and didn't support you clearly a persoanlity / bullying tactic.

 

By acknowledging the minor 'warning' rather than dismissal they fear a discriminatory ET case. Play on their fear get it in time and time again. The Warning is unfair too fight it. Try and get someone you trust into the appeal. Forget the RCN they have let you down as they do most nurses in your position. (Consider getting insurance after and ditching the RCN service) If the employer says no ask for a reasonable adjustment to their policy as the RCN would not help and acted discriminatory as well. They will allow someone if pitched in these terms, just ensure you ask someone that can help and not hinder.

 

It is not the best option to resign. Do not be afraid of the appeal panel. If you are citing discriminatory practice highlight that their very own decision if to your detriment may become discriminatory in itself and highlight that they should take care to make the right decision. Believe me they will listen they are judging YOUR determination. Give a hint you are not strong they will decimate you.

 

You will always find a new job, whether that will be in nursing and at your grade may be up for discussion.

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hi papasmurf1cx

thanks for your advise. however i dont exactly know if i have a case to appeal, they have all this written evidence and solicitors on their side and i have no memory hardly at all of the incidents since they were so long ago.

i admitt i made the mistakes due to my illness. i dont know that i could face another interogation as it was pretty brutal the last two times, they kept saying i didnt appear to be unwell at the times of the incidents and got other members of staff to back that idea. they are very devious. i reported being stressed and the my concentration was poor many times to HR but as it wasnt written down i have no proof and she refuses to acknowledge it was said at all.

is it a good idea to go back to work and be supervised i was thinking it is probably my only option to clear my name and be able to get anther job as soon as the 12mths are up. afterall its easier to get a job if you already have one. if i dont get back to nursing soon i am afraid i will loose my skills and my already battered confidence will get even worse. i have no clue what to do for the best. i would like to think that the would give me a fair chance but am not sure that would happen. one simple reason is that i made a compliant about the manger verbally abusing me which she denied of course, so i hardly think she would be easy to work for after that. what do you think?

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I think you are looking for someone to give you permission to do what you actually want to do, which is probably the wrong thing, hope you followed that.

 

I gave my opinion above, you should fight it but you have an illness that puts doubt into your actions. The lesson to learn from all this is to do everything ion writing with these liars and keep copies. They cannot ignore the written word.

 

You have to do the thing that is best for your health you are the only one to decide that.

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