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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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There is scope for a Data Controller to refuse a request if it is not specific or open ended.

What you need to do is bullet point your requested info for example;

 

Copies of any agreements between myself and xxxxx agency.

 

Copies of written communications whether sent by surface mail or electronically

between myself and xxxxx agency for the periods xxxx to xxxx

 

A copy of telephone logged calls between myself and xxxx agency for calls made and recieved between xxxx and xxxx

 

Details of any third parties to which xxxxx agency have shared processed or exchanged my personal data giving dates.

 

If any of the above can not be supplied because it falls within disproportionate effort,please state the reasons why.

 

If any of the above cannot be supplied because it has been lost,destroyed,damaged.or otherwise disposed of,please state the dates,the position of the person or persons involved,and in the case of disposal or destruction,the methods used.

 

For clarification,in a former investigation against Barclaycard and Abbey Bank plc,the information commissioner deemed that data held and stored on microfiche,

fell within the meaning of a filing system,and therefore should not deny a data subject access to any such personal data they request in a DSAR.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Hi,

 

Can I please ask you to check something in respect of an oldET case, and the personal injury aspect to it. The way it affected my health was, lots of stress related injuries logged with my doctor and it resulted in me going to counselling, etc:

 

“and in this time I temporarily lost my sight, and I now have to live for the restof my life with the condition of visual migraine that can reoccur and hassince, as well as numbness down the left side of my body similar to a ministroke, aged 33 years”.

- So quite severe, as a result of the bullying and discrimination too, as well as thegeneral deterioration in my health.

 

- A QC who took it uppro-bono, but we were not successful in provingthe case, various reasons not relevant now to mention. Anyway,it went on for a long time the ET case.

 

- Awhile after someone mentioned I could havesubmitted it as a personal injury claim too, I hadn’t realised I could havesubmitted a personal injury claim in respect of the damage caused to my healthwhich had been all logged by my doctor at that time too. Unfortunately I thinkthe QC originally has totally forgotton about that aspect of it, as he wasfocussed on it being wrapped up in the personal injury element of that ETclaim, which had it won it would have done.

 

- Just to know, was there anything I could havedone, the last illness being summer 2005 in relation to that, is the rule youhave 3 years I believe now to apply to claim against the company? Are there any exceptions, e.g. where a person wasn’t aware the clock doesn’t start ticking onthat, or was mentally unwell for that rule to be fair.

 

- Basically is there anything I can do about it now? I suspect not, even if to know what the rules are for such things. Also does the same time line apply where it's a mental distress injury and so part of that time is gone recovering anyway.I did soon after the 3 year period when I realised ask some of the no win firms, but none were interested but I had other things going on in my life by then and couldnt look into this properly.

 

Any pointers would be appreciated.

 

 

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I'm not sure if you can go above the 3 years.

 

With regards to the personal injury in an ET. As far as i was aware the ET can only award personal injury when it is the discriminating act that caused the injury. If it is negligence that you are claiming this has to go through the civil courts.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi, it was bullying, discrimination related yes. But what happens where you couldnt prove it in the ET, ..... can you capture it the other way is what I am saying? Or do you mean only where personal injury is negligence related, I guess it is a form of negligence on the part of HR, e.g. I should have been referred to Occupational health too by the company but wasn't.

 

Someone mentioned that the other option is to sue the QC for not advising me of this, which I guess is the reality, but not sometime I really want to do as he was doing it pro bono. So am I stuck with that 3 year deadline?

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I'm not sure to be honest - I would advise speaking to a no win no fee solicitor about your claim.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Yes I have just done that, and they are not interested as the possible claim is over 3 yrs old. So they are sending me an "information pack"!!!

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Hello

 

There is no "personal injury" element to an Employment Tribunal claim (it's a common misconception). What you can award for damages in terms of work stress/discrimination is Injury to Feelings, which is a different heads of damages.

 

You can only extend the three year limitation for PI claims if the "date of knowledge" was later, for example if an industrial illness caused by asbestos was only discovered several years after the event. Unfortunately, I don't think you'll be able to take it any further.

 

In terms of suing the QC - if it was pro bono work, generally there's an exclusion of liability, so this won't get you anywhere either.

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Hi Becky2585,

 

i) You are correct, it was "injury to feelings". So does that mean I would have any way had two separate claims, one for the injury to feelings and the actual personal injury?

 

ii) I guess I could have taken it to a solicitor and paid, not just use the no win no fee people. Is that a strict deadline too, e.g. where you have a mental stress related injury, it seems unfair the clock starts ticking when you are still recovering. 3 years it not long enough in a situation like this to know your rights. It seems really unfair given the severity of the injuries, are there no expections, e.g. where there was an ongoing ET etc.

 

iii) it should really be 3 years from the awareness of your right to sue, not the injury itself. That is extremely unfair, as I did not realise the clock had already started running, or that I even had such a possible claim. It just didn't occur to me, as obviosuly I was unwell and first and foremost trying to get better and my life back on track.

 

iv) I most probably wouldnt sue someone who assisted me pro bono but I didnt sign anything that I recall (though i may be wrong on that), what do you mean re the exclusion of liability, even for something like this where he should have in time advised me of a claim, and now I have possibly totally missed a very valid and more solid claim on something significant? It would be useful to know, at least now, what my rights were in such a situation.

 

v) And why if someone does it pro bono is that exclusion in place, as although its done in good faith, as here where there is a huge omission, I am left at a disadvantage with no redress?

Edited by sam1888
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How would I be able to find out whether there is an exclusion of liability clause? Would I need to ask the QC/that firm, whether there was a Terms & Conditions I signed. I dont remember it being brought to my attention. Unfair again!

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A county court. With regards to the 3 yr cut off you would have to have a pretty convincing argument why you feel the limitation act does not apply... For the severity of your injuries too this would be a multi track case, where if you are successful the Insurers would try & claim their solicitor costs from you. Unfortunately I doubt any solicitor would touch your claim.

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A county court. With regards to the 3 yr cut off you would have to have a pretty convincing argument why you feel the limitation act does not apply... For the severity of your injuries too this would be a multi track case, where if you are successful the Insurers would try & claim their solicitor costs from you. Unfortunately I doubt any solicitor would touch your claim.

 

Do you have any idea how easy they are to prove, e.g. had it been within the 3 yr limit? I had it all logged with the doctor, etc, as being work caused.

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I do not like any system that turns a blind eye on any civil case of injustice, especially when the victim is going through health issues, no matter the years that have gone past. Your case maybe special and maybe worth considering under a test case from a very smart Counsel with heart of justice, or perhaps reopening through the CPR52.17 procedure to the Court of Appeal. You can in parallel try and make your way to the media to tell your story and the effect could lead to some sort of reparative justice or other comforting measures to compensate for the injustice.

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Bottom line? It's your responsibility to make sure you know the law about things relevant to you. This really isn't going anywhere on appeal, claims, anywhere.

 

Can't believe you are even thinking of suing someone who worked pro bono!

 

Are you saying you were unable to prove the injuries were directly related to the work environment and that is why the case failed? If so an injury case will likely fail also.

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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  • 1 month later...

Hi, sorry didnt see your question, it's to find anything from them, as the court isnt seemingly giving disclosure. They have disclosed some documents but still not all of them. I have now reported them to the IOC for investigation and non-compliance, apparently there is a 3-4 month delay due to backlogs of complaints.

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I just heard back from part of my claim, they are just refusing it saying "having read the grounds of applea i can see no challenge in law to any or all of those directions". And goes on to say he declines it as having no reasonable prospect of success. under rule 3(7).

 

But then states "your attention is drawn to rule 3(8) and 3(10) of the EAT rules.

 

I'm just wondering if I have not explained it clear enough or with enough legal references and maybe i should resubmit it via a lawyer.

 

Thoughts anyone?

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