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    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed.   In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign.   Is this legal and explain that you are in the middle of a Court case and they may be called.
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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Pregnancy & Racial discrimination - what should I ask for?


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Better to draft out two copies go thru one with your solicitor [time consuming and expensive]and one with the local citizens advice bureau.

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Should I work with my solicitor in filling out RR65 - or should I go ahead and do it on my own. Didn't seem that difficult when I last looked at the form.

 

 

I'd say trust your instinct. You grievance was quite complete, you seem to have a grasp of it all

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I have redacted it again. How so I delete the original document and post a new one. I can't find a way to edit that post?

 

What do you want to redact please? You only have 24 hours to edit what you've posted. If you tell me which post we're talking about, I'll have a look for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

Hi HoneyBee,

 

The post I made on 5th June 2012 14:53 has an attachment. That attachment has a bit of text in it that needs to be redacted. Would you please replace it with this attached document?

 

Thanks,

GP

 

edit..........pdf in earlier post replaced with this one too - dx siteteam

safe3.pdf

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Hello again.

 

I think the easiest way to handle this is to delete the first attachment and leave the new one in post #32.

 

At the moment, I can't find out how to delete the first one and am asking for help from the team.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi Everyone,

 

Here's an update on my case: Since my grievance meeting, not much has happened. I know that HR is investigating. I assume they are interviewing everyone mentioned in my grievance. Two of my pals at work said they were questioned, but it was nothing too serious.

 

My household insurance legal cover won't cover me for this because some of the issues I have raised took place during the 90-day cooling off period after I got the insurance. Pah! Anyhow, I am going to do the ET-1 and tribunal on my own.

 

I sent the Questionnaire yesterday. It ended up being 54 pages long. I had a lot of questions and some of my questions had long bits of text.

 

Today I will be submitting the ET-1.

Question: I recently found out that I am pregnant again. :whoo: This is fantastic news after my last miscarriage. Is there any harm in telling HR now? I am just trying to cover all my bases in case my employer retaliates. I'm a pregnant black woman, who has filed a discrimination grievance and applied to the employment tribunal - Given all that I'm hoping they won't do anything untoward to push me out of the company.

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Hi

 

If the time limit is not over to lodge an ET1 Claim then I would wait for as long as I can to lodge an et claim in case you also find youself being discriminated against on the grounds of sex [once they find out that you are an expectant mother.]

 

If you do decide to tell them make sure that you do so in writing as you need to be gathering as much documentary evidence as you can .

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I have sent off the ET-. I am still employed, so I'm not sure how that will affect what happens to me at work. The CEO has stopped speaking to me tho :(

 

Anyhow, I have decided to do this without representation.

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Hi Everyone,

 

Here's an update on my case: Since my grievance meeting, not much has happened. I know that HR is investigating. I assume they are interviewing everyone mentioned in my grievance. Two of my pals at work said they were questioned, but it was nothing too serious.

 

My household insurance legal cover won't cover me for this because some of the issues I have raised took place during the 90-day cooling off period after I got the insurance. Pah! Anyhow, I am going to do the ET-1 and tribunal on my own.

 

I sent the Questionnaire yesterday. It ended up being 54 pages long. I had a lot of questions and some of my questions had long bits of text.

 

Today I will be submitting the ET-1.

Question: I recently found out that I am pregnant again. :whoo: This is fantastic news after my last miscarriage. Is there any harm in telling HR now? I am just trying to cover all my bases in case my employer retaliates. I'm a pregnant black woman, who has filed a discrimination grievance and applied to the employment tribunal - Given all that I'm hoping they won't do anything untoward to push me out of the company.

 

There is nothing stopping you phoning the insurer up asking for verbal advice from time to time !! I did this once and they were quite happy to talk me over and through the problems.

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Make sure that you keep a diary of the dates and times that the CEO refuses to speak to you or shun you ...this is very important.

 

Let him continue with his behaviour as you may need to bring this up in your witness statement and unless he comes to give evidence the Et will find that your version of events regarding the CEO is more plausable

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Hello,

 

I would like your opinion on a couple of issues:

 

1. Since I have raised my grievance, my new manager appears to be very proactive in dealing with some of my complaints-- namely the fact that I had no work and was being left out of projects. I have not seen any progress on my grievance of racial & pregnancy discrimination. I think things are happening behind the scenes.

 

I am wondering if I have gone too far by going to the tribunal? Did I bring a gun to a knife fight? I feel that management is genuinely responding to my complaints and things now are much better than they had been since 6 months ago. Am I being lulled into a false sense of security?

 

2. I received my acknowledgement of submitting my claim from the Employment Tribunal. One thing I worried about was that if the Employment Tribunal sent a letter to my work here is that it would languish in the mail tray. No one sorts the mail tray here. I only go to the mail tray when I'm expecting a package.

 

So today I got a package from Amazon. While I was going through the post, I saw an A4 envelope that looked very similar to letter I received from the employment tribunal. I noticed it was addressed to the head of personnel. So I took the post out of the tray, wrote our HR woman's name on it, and dropped it on her desk whist she was out at lunch. The person who sits next to the HR woman saw me do so. Was this a bad move? Should I have left it in the post tray? Any advice here?

 

Thank you,

GP

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Anxiety is normal.

 

Unless you showed them that you are very serious about this they would have walked all over you.

 

They are apparently taking action, that does not mean that they will admit anything to you.

 

There is always the ability to use mediation through ACAS at the appropriate point.

 

Keep strong and to YOUR agenda not theirs.

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I am wondering now if I had just let the post languish in the post box for 28 days if I could have received a default judgement. Hmmmmm. Perhaps I should have re-thought that.

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I guess HR got the paperwork from Employment Tribunal Services today. The HR woman seems pretty crazy today. I saw her talking with the Chairman of the Board and she seemed really upset. She was flailing her arms in the air so much, I honestly thought she was trying communicate in sign language. I don't understand why she would be personally upset by this? My Grievance isn't against her, per se, but rather the company and certain members of management who have been discriminatory towards me.

 

I am starting to have some anxiety about this. But every time I have doubts, I re-read through my grievance and I realise why I am doing this.

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I guess HR got the paperwork from Employment Tribunal Services today. The HR woman seems pretty crazy today. I saw her talking with the Chairman of the Board and she seemed really upset. She was flailing her arms in the air so much, I honestly thought she was trying communicate in sign language. I don't understand why she would be personally upset by this? My Grievance isn't against her, per se, but rather the company and certain members of management who have been discriminatory towards me.

 

I am starting to have some anxiety about this. But every time I have doubts, I re-read through my grievance and I realise why I am doing this.

 

I know it must be difficult. Remember though that if they start on you because you have submitted a grievance ie subject you to 'detriments', that could be construed as victimisation. If they start down that route then they will continue to get nastier and nastier in a tactic that will be designed to get rid of you. If that makes you ill (or worse than you are now) consider going sick because they will have made you sick. Put further grievances in alleging victimisation naming individuals. They will hate that, no-ong ever thinks they are capable of being discriminatory, so confronting them with this fact is always a shock.

 

Keep strong, this is a sure sign you are getting to them.

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I was off work for 2 months due to my miscarriage and the stress surrounding that and my work situation. If I take any more time off sick I will only get paid statutory sick pay, which is £85.85 per week (or something like that). That is like 10 times less my salary. How can anyone live off that?

 

If I am sick due to the stress from victimization and detrimental treatment, can I amend my claim to the tribunal and ask for the difference in pay from what I would have made (had I not been off sick) and the £85.85/week?

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I was off work for 2 months due to my miscarriage and the stress surrounding that and my work situation. If I take any more time off sick I will only get paid statutory sick pay, which is £85.85 per week (or something like that). That is like 10 times less my salary. How can anyone live off that?

 

If I am sick due to the stress from victimization and detrimental treatment, can I amend my claim to the tribunal and ask for the difference in pay from what I would have made (had I not been off sick) and the £85.85/week?

 

Yes. That's the point of compensating you for losses.

 

I don't want to worry you, god knows you have enough of that on your plate, but the thing is that these things seem to have a pattern. We see it on here all the time. I am just trying to make you aware so you can prepare for them.

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HR have notified me that they wish to meet with me to discuss the findings from their grievance investigation. As you know from previous posts, I have already submitted my case to the tribunal. I have a few questions.

 

 

  1. If I disagree with the process of the investigation, can I amend my ET-1 ? How do I go about this?
  2. If I disagree with the result of the grievance can I amend my ET-1? How do I go about this?
  3. If I am satisfied with the grievance result and proposed remedies for the situation will I or must I be offered a compromise agreement?
  4. Is there anything, i.e. legal tactics that I should be aware of in this meeting?
  5. Are there any particular questions I should ask? For instance, I was thinking about asking, how they conducted the investigation, how they reached certain conclusions, etc.

Thanks,

GP

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  • 2 weeks later...

I have just had my second grievance meeting to discuss the "investigation" from HR and to deliver their decision. I have also been given a written copy of the decision and told that I can appeal within 5 days. I have attached the redacted response.

 

I disagree with the outcomes and how they reached their conclusions. There are also numerous inaccuracies in the report and things I disagree with. How should I approach the appeal letter? I don't necessarily want to give away any argument I may use in the tribunal hearing.

 

I realize I may ultimately need a solicitor, but I would be very, very appreciative if someone here could read through the response I received and point me in the right direction.

safe3.pdf

dedacted_response2.pdf

Edited by GenvievePipi
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