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    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
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    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    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? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   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. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   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? No.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
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Hi Madari,

 

yes they are due to represent me however I am not 100% sure if a) they will be there on the day and b) will be properly versed in my case c) even if they represent me I would like to have 10 mins speaking with the judge as well- do you think this would be a possibility

 

K regards

 

Billy

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Hi,

 

Relax and do not get worked up....cover ups are the order of the day with all organisations and the EAT are all too aware of this fact, your best bet id to argue this point at the appeal hearing.

 

I suggest you google:

`Burns - Barke procedure`...and use this as a driving tool for your case

 

Good luck.

 

Hi Madari,

 

to clarify the dish of the day turns out to be very fishy!

It turns out that the director of my ex-department who was one of the Respondent's named in the proceedings, whose calls and documentation play a big part in the information that has been covered up, is a consultant for the Police- he specialises in advising them on digital recordings and the respondents are trying to say no calls were recorded, 'calls took place mobile to mobile', no minutes were made, no subsequent calls were made to junior or senior members of staff? Come on.... as an FSA registered firm this stinks and would appear highly irregular!

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Are any of these things points of law that the EAT can use though? Sounds like you are getting bogged down in detail again.

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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Hon, you are getting obsessed again. You need to focus!

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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Are any of these things points of law that the EAT can use though? Sounds like you are getting bogged down in detail again.

 

Hi Emmzii,

 

nope the things are unfortunately not points of law, the material non-disclosure is the only point of appeal, however I like to think "the devil is in the detail":evil::evil:

 

Regards

 

BB

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Hi,

 

Relax and do not get worked up....cover ups are the order of the day with all organisations and the EAT are all too aware of this fact, your best bet id to argue this point at the appeal hearing.

 

I suggest you google:

`Burns - Barke procedure`...and use this as a driving tool for your case

 

Good luck.

 

Hi Madari,

 

with regards to the Burns- Barke procedure I think that the ET will be able to adequately explain their reasoning behind their judgement, based on the facts that were before them. However the facts that were not before them this is a different story!

 

what do you think?

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Medical consent form/ data protection issue.

 

I have a couple of issues here:

I was tricked into signing a medical consent form by the company so they could request a medical report from my GP detailing my impairment, I expressed I only wanted the report to go to one person within the organisation.

a) I understand for the report to go to one person is not possible even if it appears unfair unto me.

-I gave THE COMPANY as a group access to the report

-The employer's staff need to do their jobs, so more than one person needs to see the report.

 

Fair enough, begrudgingly I accept this.

 

HOWEVER as soon as the Respondent receive the report they forward it onto their external firm of solicitors!

Now I am pretty sure as per DPA 1998, this is neither fair, transparent, not for the intended use and this kind of sensitive information should not be passed on to 3rd parties.

 

Can anyone advise?

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You need to examine carefully what they did reason line by line. This is what the EAT will be looking at. Identify where the reasoning is wrong. You sound as though you are not sure what the reasoning is..?

 

As Madari and Emmzi said, you need to focus concentrate on getting granted a full appeal hearing.

 

They will not care aout the competence of the Police adviser nor the fact the solicitor has gone abroad.

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The 2nd Respondent was dismissed from the proceedings and yet he still gave evidence against me is this procedurally irregular?

 

Apply to amend your Notice of Appeal to include all of these newer facts, as the judge reads all of the paperwork in advance and will not want to be surprised by new information on the day.

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amended EAT1 done and dusted, now to get to work on the skeleton argument, however got a feeling this is going to be a rehash of the stronger appealable points from the EAT1 but with more added detail and encompassing the entire bundle before the EAT.

 

Any suggestions?

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Sorry to be a spoil sport but a 3[10] hearing will last no longer than 10 minutes as the error of law,if there is one, will be blatantly obvoious to the EAT judge after he has read all the documents supplied to him in advance of the hearing.

 

Further, if you are being represented by an Elaas barrister then there is nothing for you to worry about let the experts deal with it all.

 

best of luck.

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Its ok Madari,

 

the savior position has now been fulfilled....I have been assigned and accepted my Elaas rep, and they look like (from an online profile) the business.

 

However, I did say the same thing about the last barrister who rep'd me at the ET hearing and made a spectacular balls up of my case...I pray to god it goes better this time around!

 

This is my last chance at justice and I just really hope it goes much better this time.

 

I still have my worries, the barrister is only going to look at the case for the first time tomorrow leaving one day to prepare and will they have a good enough insight (ie not having been present at the first hearing)

 

I too would also like to have 10/15 mins to present my argument to the judge also (will this be possible?)

 

Any advice to alleviate my worries or anything I should be asking my rep, or pointing out to them?

 

The main (and pretty much only) point appealing on is non-disclosure of material documentation it is a valid appeal but will it be enough to sway the judge on the day!!!

 

All feedback (and criticism) most welcome!

 

Best wishes

 

BB

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I told you, you have nothing to worry about, you will have your 15 min with your rep...who from my own experience [the elaas reps] know how to talk the talk and walk the walk.

 

Unless you decide to represent yourself you will be taking a back seat at the EAT n the day of th hearing.

 

Just pray that you get a fovourable and understanding judge...who from my own personal experience they all are...unlike the ET judges.

 

Good luck.

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Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

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Stop looking for lawyers who are in it for their own personal & financial gains,just lodge your appeal within the time limit and the `madari` will provide all guidance as regards the EAT process......you will be granted representation at the EAT by a highly qualified Counsel from Elaas.

 

Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

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Been looking with great interest at your posting. We are about to go down the same route of lodging an appeal to EAT based on points of law, perversion, bias and possible procedural points. Still hoping to get representation for but finding it difficult due to respondent being a major employer and find they can't help as there on all the books of the solicitors and other things have occured which means that we have new evidence which was known of until the ET. Your posting is very helpfull to understand more about how to put these things should we have to do it ourselves.

 

Good luck for your hearing really hope result goes in your favour.

 

Hi Rightsforme,

 

thanks so much for your kind wishes (really need it right now), please send out some more light and love I'm going to need it big day tomorrow!

 

Yep, I was in the same position as you, the people I worked for are THE largest in their sector in the country. But needn't worry. I put the 3(10) appeal together myself and have a Representative on the day (who looks pretty prolific judging by their internet presence) so as Madari says get your appeal in and hope for the best and you will be allocated an ELAAS Rep.

 

Judging by his last post on this thread; "the Madari" got your back! And any help I can offer please feel free to ask.

 

I will be donning the Armour tomorrow morning, ready for battle, so wish me luck people!

 

Best wishes

 

BB

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Booooohoooo,

 

the judge rejected the appeal at the 3(10) hearing...Judge was very nice though and ELAAS rep was 'walking the walk' and great at the task at hand!

 

The mess done in the first ET hearing was too much to go back on.

 

Looks like this is the end of my Employment Tribunal journey folks...its had highs and mostly lows ...but has been a great learning experience and character builder none the less...If I could do it again I would probably give it a miss.thanks for all the help from everyone on this forum who has been there with advice, analysis, rational commentary and feedback.

 

Special thanks to Emzii, Madari, Pusillanimous and HB.

 

What to do with Life now, thats the question?

 

Will continue to post on CAG and hope that I will be able to help any others who have to face similar burdens of ET processes.

 

All the best

 

bb

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