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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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adecomm

respondent solicitor remove my disclosure from bundle

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respondent solicitor remove my disclosure from bundle

 

Hello everyone,

I have a very good ET case against my employer Discrimination and unfair dismissal

*** they forged a lot of documents, which i have solid proof and copies of the original documents

*** The policy and procedure not followed

*** Witnesses have lied to governning body( various Statements)

 

Went for PHR as requested by the employer solicitor for the two cases to be combined or struck out and

***The direction was given by the tribunal that both cases to be combined and NOT struck out

***Employer solicitor to prepare joint bundle etc

We had a bundle we already jointly prepared before the PHR and the Judge directed that if any more disclosures that it should be added to this bundle.......Now my question is

 

***The Solicitor now prepare a complete new bundle

***My disclosures were not included.....

***I wrote to them that i will not use the new bundle that they should only send pagenated copies of our disclosures to me and ask for this to be actioned ASAP.....I haven't received any correspondence back from them it now almost a month i have written and email then several times what can i do.....

 

***This disclosure is very very important what can i do..........

***How do I get Employement Tribunal to get them to include this

Please HELP am representing myself .

Edited by adecomm
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Hello there and welcome to CAG.

 

You've posted on the NHS forum and I think you're likely to have more replies on the employment one here. I'll move your thread there.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I would write to the ET inform them what was ordered at the PHR and ask for an "Unless order" ie Unless they include x y and z in the bundle then the Respondent's defence should be struck out and judgement entered for your case.

 

These are the dirty tricks that we come to expect. You have to look at these bundles very carefully and ensure all is in it. Even one page missing could make all the difference.

 

They most likely will wait until the day of the trial before offering anything at all to you.

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Thank you,

 

I will surely write to tribunal regarding the issue as they have been very un- professional I never knew solicitor could be lying deliberately even though the documents were disclosures and were posted to them recorded so that they can be paginated and return a copy to me.

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Before the ET considers a request or allows an `unless order` you MUST write to the respondents first and give them notice that if they do not comply to your request within the next 7 working days then you will apply for an unless order.

 

without puting the respondent on notice, you have no chance of an `unless order` being granted.

 

Send also a copy of the letter to the ET.

 

Good luck.

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Thanks everyone,I have written to the respondent solicitor asking them to insert all the disclosures I sent to them, and if this was not actioned within seven days that I will contact ET for UNLESS ORDER. Also I will like to Known how i could get the following information legally***How i can I interview the Patient whom i was told complaint ( as evidence shows vividly it was a lie )***How to confirm the originality of the statement by checking computer data ( patient computer)***when this was typed, by checking the Computer he used.***By law how can I do this???? Can ET help to get the patient to be interviewed??? can the computer be checked I have all the document and I am very postive 100% that it was made up by my employer ( I have evidence) just need the last part of the puzzle. Wanted to proof this beyond resonable doubt???Thanks again for your time and assistants

Edited by adecomm
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Hello again. I think you may need to tell us a bit more here because as I read your post #6, we haven't heard about the patient before.

 

My best, HB


Illegitimi non carborundum

 

 

 

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"How to confirm the originality of the statement by checking computer data ( patient computer)***when this was typed, by checking the Computer he used.***By law how can I do this???? Can ET help to get the patient to be interviewed??? can the computer be checked I have all the document and I am very postive 100% that it was made up by my employer ( I have evidence) just need the last part of the puzzle. Wanted to proof this beyond resonable doubt???"

 

Write and ask for the computer data trail from when the document was crated. It helps that you know of the computerised file name. If you do not have this ask for the original statement / document to be sent to you electronically BEFORE requesting the data trail. Expect dirty tricks eg creation of a new document edited to fit their story. You HAVE to have the original file name though. When they do disclose a document ask for THAT data trail. It should have a start date. If it is after the known existence of the original document then you know they are up to dirty trick.

 

I had this... they forged documents... which of course is a criminal act / offence.

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Thank you for response am very glad.....due to the nature of the case I wont be able to go into full details but i will briefly say this:the statement was written and address on my employers letter head paperfomart of address is wrong as the forget to edit the letter head ....( written from employer to patient) employer address on the ******right patient address on the******* Left and many more discrepancies thanks

Edited by adecomm
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Hi there

 

I would forget about the unless order. The bundle has to be agreed between the parties, which means you have the right to request the inclusion of your documents. If they do not agree (which may or may not be valid, depending on whether the documents are relevant) then you should put them and the tribunal on notice that you have documents which are in dispute as to whether they should be included in the bundle. Ask the respondent to place the disputed documents in a separate section, or if they refuse this, inform the tribunal and ensure you have six copies of your documents to be placed in the bundle if your evidence is admissible and it's all done at the last minute.

 

One point though. The tribunal will usually order disclosure of documents, followed by agreeing a bundle approximately one week later. Is it possible the respondent was complying only with its own disclosure obligations and hasn't tried to agree a final bundle with you? Did you disclose your documents on time?

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Also the standard of proof is not beyond all reasonable doubt - its on the balance of probabilities, which works on the 51% or higher mark. The criminal burden of proof is far stricter.

 

Regarding the computer data trail, write to the respondent and ask for the "meta data" surrounding the document in dispute. This will tell you when it was created and last modified. If they refuse, write to the tribunal to request an "order for specific disclosure" of the meta data.

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Yes I disclose my documents on time as we had a Pre-hearing and case management . The tribunal gave us dates when exchange should be done eg

list of items to disclose

exchange of the document

exchange of bundle

exchange of witness statement

I followed the order as stated by the tribunal

I will consider your advise on having separate bundle of all disputed documents with me at the hearing

Thanks

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Pretty much standard tactics by respondants solicitors ,they do and will try everything in the book to omit any documentation that is detrimental to the employers defence and that includes lying , its win at any costs for them . Ensure you take copies of all documents you wish to be included in the bundle with you on the day . Unfortunately the Employment Tribunal does little to stamp out these underhand tactics by respondants solicitors and its done to stress you out and wear you down.Good Luck

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Hi everyone thanks for all your comments, I have more questions and i will be happy for any good answer and advise

 

1 We have agreed on bundle for the Full hearing

2 A day before we exchange witness statement i was sent 10-20pages of new disclosure which i told them i will not agree to as it wasnt disclosed when we are ordered to do so ( Case management )

3 My letter was ignore, now we have exchange witness statement and going through i found that they refer to all the new evidence more than 20 times by various people.

4 i have written to the respondent solicitor and to the tribunal expressing my dismay.

5 The main witness to this case who work for this organisation and who witness the incident and who gave interview to the company in support was not called to attend the hearing

6 I need this person to come so that i can ask question although she was in support of the company.......but i want her to attend the hearing ....please how can i get the respondent to come along with this person.

I know about the witness order but i need the respondent to invite this witness not as my witness but as the repondent witness.......i need help....

Edited by adecomm
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Hi everyone thanks for all your comments, I have money questions and i will be happy for any good answer and advise

 

1 We have exchange agreed on bundle for the Full hearing

2sy now we have exchange witness statement and bundle

 

Hello again. I'm not sure what your questions are?

 

My best HB


Illegitimi non carborundum

 

 

 

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Hi everyone thanks for all your comments, I have more questions and i will be happy for any good answer and advise

 

1 We have agreed on bundle for the Full hearing

2 A day before we exchange witness statement i was sent 10-20pages of new disclosure which i told them i will not agree to as it wasnt disclosed when we are ordered to do so ( Case management )

3 My letter was ignore, now we have exchange witness statement and going through i found that they refer to all the new evidence more than 20 times by various people.

4 i have written to the respondent solicitor and to the tribunal expressing my dismay.

5 The main witness to this case who work for this organisation and who witness the incident and who gave interview to the company in support was not called to attend the hearing

6 I need this person to come so that i can ask question although she was in support of the company.......but i want her to attend the hearing ....please how can i get the respondent to come along with this person.

I know about the witness order but i need the respondent to invite this witness not as my witness but as the repondent witness.......i need help....

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Hello Again everyone,

Happy new year to you all, I have a question and I will appreciate any suggestions ( I won my tribunal case) but the tribunal says its beyond their jursdiction to look into the forgrey of documents. I felt justice somehow has not be served therefore I felt that this organisation need to be exposed.!!!!!!!! I have a valid and damaging proof !!!!!!

 

1 How can I sue ex employer for forgrey?? or how can I pursue this in a higher court

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Why do you want to? what do you want as an outcome? you have won your tribunal to carry on would seem vindictive to me. If you feel that the employer needs exposing to the general public contact the local press and if they think it is wrong they will publish an article.


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

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do you have loads, and I mean serious amounts, of money for a solicitor?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Why do you want to? what do you want as an outcome? you have won your tribunal to carry on would seem vindictive to me. If you feel that the employer needs exposing to the general public contact the local press and if they think it is wrong they will publish an article.

 

From the sounds of it the OP worked for the NHS, possibly a Nurse. Their Employer has been forging records, which could mean the forging of medical records. I would say its a Police issue.

 

Last year, people in my local hospital died due to extremely poor care, and members of staff were caught faking records to try and cover up that poor care. So this potentially is an extremely serious issue that is very much in the public interest to be dealt with.


[sIGPIC][/sIGPIC]

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From the sounds of it the OP worked for the NHS, possibly a Nurse. Their Employer has been forging records, which could mean the forging of medical records. I would say its a Police issue.

 

Last year, people in my local hospital died due to extremely poor care, and members of staff were caught faking records to try and cover up that poor care. So this potentially is an extremely serious issue that is very much in the public interest to be dealt with.

Thought exactly the same

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If you think the documents are forgeries you can put it to them under cross-examination. Make an application to the tribunal to enforce the disclosure order. On the day take along your own bundle and make sure that it is discussed as a preliminary issue that it should be allowed. Re the missing witness, make a big fuss at the tribunal as to why this person is missing so that it does not go unnoticed by the tribunal, "It is a pity XXX cannot be with us today. As this was the person who did XXX it is annoying for the tribunal and myself that she is not here to explain her actions / decision..."

 

Insinuate that perhaps she has something to hide.

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