Jump to content


  • Tweets

  • Posts

    • to note: the claimant has given a 'reference' number. It is 11 digits long. Regarding 2 - do I even say I have had dealings with Barclays Bank UK PLC ?   Also the 'particulars of claim' are not in paragraphs on the claim form. It is just one chunk of text. With sentences. Do I refer to these as paragraphs ? As I have in the above defence.
    • 1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore 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.   2. Paragraph 2 is noted. Whilst I have had dealings with Barclays Bank UK PLC given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.   3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received.   4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.   5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Limited by way of a CPR 31:14 request sent via 1st class recorded post on 06/06/2024 and further to the above I sent PRA group UK Portfolios Ltd a section 78 request via 1st class recorded post on 06/06/2024.   To date, PRA Group Uk Portfolios Ltd or PRA group (UK) Limited are yet to furnish me with the requested information  and therefore prevented from enforcing the alleged agreement.   6.Therefore with the court’s permission the Claimant is put to strict proof to evidence and :   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   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.
    • Not really as long as its relatively new and similar and post Pre Action Protocol changes. 
    • Obviously they have a problem in their system.   .
    • Scan redact and upload copies...they will be required to check as the claim progresses.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Possible Dismissal Due To My Level Of Sickness


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4319 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I had to go to a meeting with a manager due to me exceeding the permitted level of sickness. I have already been given a written warning for this and now I have been told my case has been referred to a decision maker (senior manager) to see if my sickness level can be supported. I have passed the mandatory period of 6 montghs without any sickness, but my employer has what it calls a ''backsliding period'' of 12 months. During this time if I exceed the permitted period of sickness, the next stage comes into play. Which is what has happened to me.

I have suffered with depression for the last 7 years and have had several periods of sickleave from work, the most being 6 months. I recently returned to work after 9 weeks off again. I had been told by my line manager that if I didn't return, my case would be referred to a panel, to see if my absence can be supported. This is something I would not be allowed to take part in. The outcome of this would be either demotion or dismissal. Following continuous pressure from my line manager I felt compelled to return to work, even though I wasn't ready to return and against my GP's opinion as well. I have been taking part in regular stress risk assessment meetings to try and help me stay in work, which have worked to a point. I have to be honest and say I find it very difficult to do my job and be in the building. I have told management I put on a mask for the sake of getting through the day, but I am finding it increasingly difficult to go in each day. I have told management I am looking for another job.

I have a letter from GP to help me fight my corner but feel work won't take much notice of it. When I explained things to my GP he offered to sign me off again, but I had to refuse it because it would have resulted in me being dismissed.

What I want to ask is can I be dismissed due to my level of sickness, even though I have returned to work? If so, what rights do I have? I am finding this whole situation very stressful and it is not helping my depression at all.:sad::confused:

Link to post
Share on other sites

you could be dismissed for sickness. However

- you have an underlying condition

- which I am assuming they know about?

- which has lasted (and is expected to continue to last) for a period of 12 months minimum

 

I reckon (and I can only reckon as an ET would decide but it's a fair bet) that this is classed as a disability under the equality act.

 

I would ask for an occ health referal to discuss reasonable adjustments, once of which may be slightly more leeway on absences as well as things like eg flex on start times on your bad days.

 

What is it about your job that makes you stressed, that would not happen in a different job?

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

Link to post
Share on other sites

  • 4 weeks later...

Update: I am now getting help from my Union Rep which is a great relief. Due to this, and to give him time to familiarize himself with my case, the meeting has been put back until 29 August.

 

I have had an occ health report done and they say I am covered by the DDA and they cannot accurately predict any future sickness absences due to the nature of my disability which was the specific question my employer was asking.

 

As for a different job, believe me the stress I am suffering in my current job would not reoccur in a new one. All I can say about my current job is that I am a public servant, which is all I am not allowed to say who I work for.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...