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    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
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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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