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    • 7. In March the WHO recommended all countries launch a Track and Trace app 8. Apple and Google developed one and made it freely available to any country. Dozens of countries use it without any issues 9. But the UK decided to build its own “world beating system” 10. Apple and Google said the UK’s approach was impossible 11. 300 app and technology experts condemned the UK plans 12. But the govt ignored that, put the wife of a Tory MP in charge and gave her £11m, almost 3x the average budget for any Track and Trace app worldwide 13. The UK app planned to collect your data, which could be sold to any private business for 20 years 14. The govt promised the App by mid-April 15. Then the govt promised it by Jun 1 16. Then the govt promised it by Sept 17. Then the govt promised it “for the winter” 18. Then it was revealed the govt had asked Apple for access to their proprietary code, to which Apple said no, because the app breached international privacy laws 19. Then the WHO said lock-down measures should not be relaxed until Track and Trace were in place 20. But the UK govt replied that manual track and trace would work fine 21. And then it was revealed the UK's manual track and trace service missed between 30% and 80% of contacts 22. After a trial of the App, a report showed it worked just 4% of the time on Apple devices and missed 25% of connections on Android 23. And then, finally, the govt announced it was abandoning its “world beating system” 24. Matt Hancock said he had long been aware of “technical blocks” in the UK app 25. Then Matt Hancock said we had long been working on both Apps, but didn’t explain why we only tested the one he "knew wouldn’t work" on the Isle of White 26. Matt Hancock said he would now create a “hybrid system”, and had spoken to Apple about it 27. Apple and Google said nobody had spoken to them, and it was still impossible 28. It was reported the UK app developers had tried to block rival apps, and called them “the enemy” 29. It was reported the scripts given to manual contract tracers didn't even match the app 30. MIT Technology Review described the UK’s contact tracing and app development as a "fiasco" and “a masterclass in mismanagement”       https://forums.digitalspy.com/discussion/2383363/theweekintory-keeping-tabs
    • As not english person I'm finding it really difficult to deal with all this. . I'm not even sure what SAR is and where to send it.  When I asked lloyds to start investigation about irresponsible lending (all done over the phone nearly 4 weeks ago) they've gave me ref number but didn't hear anything back. They've sent me a letter about overdraft that it has all fees and interest stopped and default will go on this account for 6 years and that the collection department will contact me.  How can I start an investigation about irresponsible landing the right way?  Please advise and thank you
    • Hi BankFodder,   Just a quick update:   Parcelhero have been in contact with me each day, they've been trying unsuccessfully to get hold of Hermes, so after a week we've moved to the claims process. The chap who's helped me through it has been good, so I've not had to ask any questions here etc.   I've submitted my claim, and I'll let you know what happens as a result of that.   Wanted to extend a thanks your way once again, the conversation put me at considerable ease.    
    • The agreement was for 18,000 miles per annum, I had the car 31 months. Someone has done some handwritten 'calculations' on one of the enclosed sheets, which says "mileage allow = 46,500" "1,500 x 31months". And on another sheet it has "Actual mileage 51,607, Excess: 5107 miles", which could give this figure of 46,500 (as the mileage on collection day was 51,607), but I can't understand where this 46,500 actually comes from, or am I missing something here? 🤔   So Ford can just come up with spurious charges, put defaults on my credit file, sell on the non-existent debt, and just walk away, leaving me to spend hours sorting it out?   Am I to just ignore Link forever more, or will they eventually just stop bothering me?
    • Hi I am afraid you have been misled initially.   The Compliance fee, is due from when the warrant is received by the bailiff, not from when the notice is sent. As you quite rightly say it is to cover expenses which may include searches etc, these would have to e done before the NOE was posted to you. Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs 5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows— (a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;   Payment to the court is always a bad idea once the debt has been transferred to enforcement, as it slows down the procedure, as the sum will not be paid until confirmation is sent from the court to the EA. You are not the first to fall for this "advice".   Just to add to the above.   The bailiff collects both fees and the sum due to the court in one sum, "the amount outstanding" as far as they are concerned there is just a £75 shortfall.   If you ring and say you have been misled, they may intercede and help. But it is your fault, so apologetic is the operative word here.  Sorry about the multiple posts. See, like that 
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Sorry to hear that.

 

When you are ready to talk next steps in your working life, do come back!! We also have lots of expereince there :)

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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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

 

 

Sorry to hear that, Billybobynumerduo. On the bright side, few appeals are allowed and it could be that if it went to the full hearing, you might have lost and then were facing the other party's costs. As a matter of interest, which of the EAT judges did you get?

 

Commiserations, your efforts have not been in vain, as you gave it your best and they have to respect you for that. Thanks for sharing on this forum. I am sure it will help others.

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Sorry to hear that, Billybobynumerduo. On the bright side, few appeals are allowed and it could be that if it went to the full hearing, you might have lost and then were facing the other party's costs. As a matter of interest, which of the EAT judges did you get?

 

Commiserations, your efforts have not been in vain, as you gave it your best and they have to respect you for that. Thanks for sharing on this forum. I am sure it will help others.

 

Hi Pus,

 

yes, it was not too bad considering. My ELAAS rep was great and I put vocal arguments across to the Judge and he didnt mind hearing them....he went as far as to give me praise for putting the appeal and arguments together and saying I was very able and capable.(which was nice)

 

yes the judge was His Honour Judge Shanks, during the hearing he didnt seem too impressed but I cant fault him, he gave very comprehensive feedback and will be sending out the transcript of the reasoning to my home address.

 

Yes it was a shame it went to badly the first time around at the ET, I blame myself and the incompetent team representing me.

 

Heh ho, one lives and learns.

 

On the lighter side,

Directly after my 3 (10) there was another 3(10) hearing the claimant was not present as he could not afford the ticket from Manchester as he was on JSA. He had written 60 pages of accusations against the judges and EAT staff and high court judges. He had got the police and CPS involved and he had another concurrent related case running on in the high court as well.

 

Despite the claimant's non-presence the judge read out aloud a selection from the C's bundle and subsequently stopped the appeal going through:

'A few memorable quotes from the C's appeal

 

"I hope that Judge xxx will stop practicing fraud"

"God will punish judges xxx & xxx"

"The Employment Tribunal is a kangaroo court"

"don't worry judge, I'm going to sort out the corrupt judges"

"the respondent has turned my best friend against me"

"All the judges are bonkers"

"the way the judge unlawfully employed the comparator test was mind blowing balderdash"

"this is the law, the really law, not the fantasy law of judge xxx and judge xxx"

 

I really felt for the poor chap, who was clearly a very talented writer and must have put so much effort into his paperwork. However he was just making wild accusations against the judges, lawyers and all the members of tribunal staff, with no evidence to substantiate his claims.

 

I guess the lesson for all to learn here is yes we dont always get the outcome we want and justice often is denied but better to move on a learn from the lessons then to become bitter and upset over water under the bridge.

 

If you are out there mr 'Kangaroo court', I would love to speak to you. Thank you for cheering me up after receiving my bad news. And I would have never thought myself and the dozen or so spectators would be laughing out loud in court. I'm really surprised the judge managed to keep a straight face reading out some of the accusations.

 

All the best and God bless

 

BB

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  • 1 month later...

Unfair Dismissal; more specifically the ET's finding on contribution. An ET found that my dismissal was unfair by failures of procedure. However, they found that I was 100% to blame so awarded no compensation.

 

The also ET upheld a separate discrimination claim that I brought; however, I am yet receive any compensation for this as the Respondent has cross appealed against that decision.

 

My grounds of appeal are that the ET's decision is largely based on a crucial misapprehension of fact that amounts to an error in law. You see based on the evidence before the ET they made a crucial finding of fact that was not open to them. This I will say has a material impact on the ET's decision on contribution.

 

The Respondent cross appeal is based on perversity.

 

Cant say much more at the moment but will keep everyone posted.

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Unfair Dismissal; more specifically the ET's finding on contribution. An ET found that my dismissal was unfair by failures of procedure. However, they found that I was 100% to blame so awarded no compensation.

 

The also ET upheld a separate discrimination claim that I brought; however, I am yet receive any compensation for this as the Respondent has cross appealed against that decision.

 

My grounds of appeal are that the ET's decision is largely based on a crucial misapprehension of fact that amounts to an error in law. You see based on the evidence before the ET they made a crucial finding of fact that was not open to them. This I will say has a material impact on the ET's decision on contribution.

 

The Respondent cross appeal is based on perversity.

 

Cant say much more at the moment but will keep everyone posted.

 

Might be worth starting a new thread and posting some more info?

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Hi Sk2

I only know what vague info you have so far provided ..no worries but DO NOT attempt to go it alone you must have an ELLAAS rep with you on the day of your appeal or you will get nowhere!!

 

Good luck

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Hi SK2,

 

just seen your post, it been a while now that I have been away from CAG and my case and all, but I dont mind "rekindling the embers" if it helps you feel free to let me know if I can be of any help to you.

 

Madari and Pus are full of great advice too!

 

Make sure you have your notes prepared that are very succinct and too the point, so that on the day of the hearing you can instruct your ELAAS barrister on your strongest points and he/she can get to the crux of the case quickly.

 

The ELAAS reps are really good and they will argue whatever points you want them to!

If there a good point to go on, trust me they will give it a very good shot.

 

The ET judge's reasoning in my case on a crucial point was found by EAT judge to appear to be Perverse however it was still not high enough a hurdle to overturn the original ET's decision.

 

Go for it and pray that you get a good ELAAS rep, I was really apprehensive before the hearing however my ELAAS rep was the business and 20x better than a junior barrister who rep'd me at the ET hearing and balls up the whole case and to top if off took £1k of my cash! (rant:razz:)

 

By the way that reminds me on the day of the EAT hearing myself and my ELAAS rep both requested a copy of the judges transcript and still have yet to receive it!!! My hearing was back in February. What is the holdup???:?:

 

Best of luck sk2

 

god Bless

 

BB

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Not been on in a while as been busy with paperwork sorry to hear it wasnt overturned but be proud as you did get that a crucial point seemed perverse, Hopefully there is something in the transcript to get justice.

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Not been on in a while as been busy with paperwork sorry to hear it wasnt overturned but be proud as you did get that a crucial point seemed perverse, Hopefully there is something in the transcript to get justice.

 

hi,

 

the transcript has arrived today finally, I may post it up on the forum, hopefully it can be of help to someone going through similar.

 

I don't think I will be getting justice somehow, I'm well past the point of appealing and taking this matter any further however I will be putting all this behind me and pressing on with what I am doing now and make use of the talents I have acquired whilst going through this whole process.

 

best

 

BB

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hi,

 

the transcript has arrived today finally, I may post it up on the forum, hopefully it can be of help to someone going through similar.

 

I don't think I will be getting justice somehow, I'm well past the point of appealing and taking this matter any further however I will be putting all this behind me and pressing on with what I am doing now and make use of the talents I have acquired whilst going through this whole process.

 

best

 

BB

 

Hi BB. If you do post it, please would you take out any names or identify information, unless this is in the public domain.

 

HB

Illegitimi non carborundum

 

 

 

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Hi BB. If you do post it, please would you take out any names or identify information, unless this is in the public domain.

 

HB

 

Please do publish it, BB2. However, you could anonymise it, as suggested, if it will be a problem for CAG.

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  • 2 months later...
Hi,

 

 

You are guaranteed an Elass rep at the EAT hearing,that is if you asked for one.

 

The respondents will compile the EAT bundle for you, just give them a bell and also write to them so that you can use a copy of this lettar as evidence.

 

You are only guaranteed they turn up for a 1 hour meeting, they can still choose not to represent you.

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Hi, Can you message me please, as I have a case, and am deciding whether to pay someone to do the oral hearing or wait for the ELAAS, it looks like your person got in touch before hand, so far no one has for me, and I'm not sure I can cope with someone turning up only 1 hour before and finding out. Is this the normal process?

 

After all what happens if they turn up and said they won't represent you?

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Hi Sam,

 

yes if you requested an ELAAS rep (filled out the relevant form) you be guaranteed get free representation. I would strongly recommend staying with ELAAS and not paying privately.

 

As MAdari said if you have a case they will do their best to play to the strengths of the case

 

hope this helps

 

regards

 

BB

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Hi Sam,

 

yes if you requested an ELAAS rep (filled out the relevant form) you be guaranteed get free representation. I would strongly recommend staying with ELAAS and not paying privately.

 

As MAdari said if you have a case they will do their best to play to the strengths of the case

 

hope this helps

 

regards

 

BB

 

Hi, The problem is one was out of time, due to my rep at the time not telling me about the 42 day limit, so I have to appeal from the registrar for an extension of time, this is the main one, and apparently not covered by ELAAS, and then i have a couple of 3(10)'s too that were in time re other decisions, the other side are present due to ARO and they have threatened costs of £5k. I am in a dilemma, due to the ARO part, if it was just the 3(10)'s yes ELAAS, there is no guarantee they do it for you, only that they turn up to advise you.

 

BB - are you a lawyer? & employment?

Edited by sam1888
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Hi sorry to hear you are such a dilemma,

 

EAT would not offer me any extensions, they seem quite set in their ways.

The best thing I can recommend is to speak to your caseworker at the EAT they are very helpful and should give you the best advice as they are doing all the admin work for your case: 0207 2731041

 

I have studied law but am no lawyer, I pretty much ended up running my own Disability discrimination case due to incompetent solicitor and barrister against a large financial company. So I have learned an awful lot, mostly in the past now. Still there a few loose ends that need sorting out.

 

Hope this helps

 

Best wishes

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by the way,

 

EAT and 3(10) hearing are very specific and should be on a point of law or perversity. You need to have a very clear cut point or something that is plain and simply not correct. IE the judge was rude, racist made a gross negligence etc.

 

Which points are you hoping to elicit, argue at your hearing?

 

Eg I managed to get the judge at the EAT to rule that the original judges decision was perverse, yet it was still not enough to win the case. There are very high hurdles at the EAT and is not easy to jump them unless something is clearly very wrong. Have you been advised that your case is strong?

 

regards

 

BB

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by the way,

 

EAT and 3(10) hearing are very specific and should be on a point of law or perversity. You need to have a very clear cut point or something that is plain and simply not correct. IE the judge was rude, racist made a gross negligence etc.

 

Which points are you hoping to elicit, argue at your hearing?

 

Eg I managed to get the judge at the EAT to rule that the original judges decision was perverse, yet it was still not enough to win the case. There are very high hurdles at the EAT and is not easy to jump them unless something is clearly very wrong. Have you been advised that your case is strong?

 

regards

 

BB

 

Apparently I am in a grey area. I called the eat support, they said it's a dilemma only for me, the ELAAS does not support ARO (appeal from the registrar), the lawyer has said they dont mind if two people do it. So either I pay for someone to do it all, or pay for them to do part of it. I just don't know.

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Apparently I am in a grey area. I called the eat support, they said it's a dilemma only for me, the ELAAS does not support ARO (appeal from the registrar), the lawyer has said they dont mind if two people do it. So either I pay for someone to do it all, or pay for them to do part of it. I just don't know.

 

Hello there thanks for your reply the best I can advise you is to represent yourself at the EAT, because I would expect that you are the one that can present your case the best and could do yourself more justice than a barrister who is picking up the case at the last moment.

 

Have you taken any advice from any reputable solicitors and have they giving you a any advice as to how to best proceed and what the merits of your case are?

 

 

Personally, I would not waste any further money on expensive legal representation when you may not even have a case with strong merits (I'm sorry I donot know the backgrounds of your case)

 

best regards

 

BB

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