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    • there a search top right  time to get reading up on the process and the different stages the claim will go through.   these will help as well   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=lowell claimform cat debt&oq=lowell claimform cat debt&gs_l=partner-generic.3...60263.68186.0.68486.25.25.0.0.0.0.153.1988.24j1.25.0.gsnos%2Cn%3D13...0.7957j3166461j25...1.34.partner-generic..25.0.0.vvzYEQ3I7F0
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold        Name of the Claimant ?  Merligen Investments 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.     12/11/2019  received today 13/11/2019       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 I a, unsure what I am doing with this part.        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. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt) Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78     What is the total value of the claim? £301.57       Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No       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? no     Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no       When did you enter into the original agreement before or after April 2007 ? no       Do you recall how you entered into the agreement...On line /In branch/By post ? Online       Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No       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.  Debt purchaser       Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]       Did you receive a Default Notice from the original creditor? No       Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing       Why did you cease payments?  About 3 years ago       What was the date of your last payment? Can’t remember       Was there a dispute with the original creditor that remains unresolved? No dispute       Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no   OK I have done all now and printed out the letter to be sent tomorrow morning. I must say I feel sick but thank you for your assistance, I feel somewhat blind now and feel the need to ask, what next? If that is not too presumptuous.           
    • Which was your car? 1st Silver? Black? 2nd silver??
    • I did read the guide but the language on the court form threw me.   I’ll send it to the first address. Thanks
    • Fine. Have a quick think and decide whether you want to bring a small claim. If you do then it is worth spending a little bit of time looking through this forum and discovering the steps of how to bring a small claim in the County Court. You would have to start with a letter of claim which would give them 14 days to provide you with your refund or else you will start a small claim against them and without any further notice. Day 15 you issue the papers. Don't make the threat unless you are prepared to go ahead and carry it out. As I've already said, bringing a small claim is extremely easy and on the basis of what you say, your chances of success are much better than 95% – and in my view Halfords will put their hands up unless they really want to waste their money and their time. Does Halfords really want to spend their time and money losing a case in which they will have to draft the defence document, respond to various papers from the court, put you to the trouble of paying the hearing fee, instructing lawyers to go and attend at your local court which I believe is in the North west of England, losing their case, having to pay your £40 plus interest plus your court fee plus the hearing fee – and then suffer the indignity of having their name plastered even further all over this forum and over Twitter and Facebook and trust pilot. If this is what they want then they really don't value their reputation very highly.   I have sent the following response to Halfords  
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I have just received a first stage warning under my company's sickness/absence policy. I have been absent on three occassions, that is correct. But one of those occassions was when I had to enter hospital for an operation to remove my thyroid gland which had a suspected cancerous growth, biopsy's proved inconclusive. Surely using this period of absence to facilitate this warning means the company are not showing me the duty of care that they are legally obliged to do. What did they expect me to do...wait until February to have this potentially life threatening operation. I am obviously going to appeal this disciplinary measure. Is duty of care the best direction to go.

Thanks in advance of any replies.

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This isn't duty of care, the actual reason isn't the main concern, it's the time off.

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Hello there.

 

How much time off sick have you taken altogether please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Agree with Conniff - this isn't about a duty of care - that would be more to do with protecting you from harm or distress caused by work or a situation at work - but is a matter of compassion.

 

What you are dissatisfied with is that the employer does not seem to have taken the nature of your absence or the stress and worry caused by your illness into consideration in deciding to discipline you for poor attendance.

 

You can of course appeal that a disciplinary sanction was a little harsh, and I have to agree that if the employer was aware of the circumstances that this does seem to be the case,but the problem with sickness and absence is that staff are often measured against a fixed line with little room to overlook a particular event.

 

Did you follow the company's rules for reporting the absence, the nature of the illness and back this up with appropriate sick (or fit) notes? Did you discuss the condition, the operation and the anxiety that it was causing before you needed the time off? Did you work for as long as possible before the operation or were you off sick before the surgery itself. I think that if you could demonstrate that you met the employer half way and did as much as possible to make up for the absence you could have grounds to complain that the warning was 'unreasonable' in the circumstances.


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I assume that you have hit a trigger point which is how many employers judge sickness, to some extent it dosnt matter why you were off its just that you were off sick, however a first stage sickness warning does not usually go any further than that it has been mentioned so its not likely to affect you unless you take more time off.


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Thanks for the replies:

Our trigger point is 3 occassions in a rolling twelve month period and my absences were for three days, 5 days and two weeks recuperation for the operation. My manager and HR department were kept informed fully that the operation was to remove a cancerous lump on my thyroid and obviously that I was very worried and could not have waited until I was not going to trigger the policy. They fully accepted that I needed to have the operation and at no stage did they warn me that if I had the operation I would be coming back to work facing my first disciplinary hearing in 20 years of working there. I understand that another employee was told that if they went and had their operation it wouldn't count as it was a pre-planned absence and the company could obviously organise themselves knowing in advance that he was to be absent. I gave them two months notice, surely that is enough.

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Seriously I wouldnt waste too much time worrying about a first stage sickness warning, seems a bit unfair as you had told them you would be off but as you have said it was a trigger point, you could send a letter to HR just saying that it was a preplanned absence and as such it seems wrong that you have a warning, but the warning will come off your record and unless you intend taking any more time off it shouldnt have any lasting consequenses


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There is a six month improvement notice with the first stage and who knows what happens in that time. If I am off even for one day then its onto the second stage. if there is a chance of getting it rescinded then it needs fighting. As far as Im concerned they have set a presedence with allowing someone else to have their operation for a cosmetic reason but denied mine for a cancerous lump.

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Is it actually cancerous, though? If so then you would be disabled and have extra protection.

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I will not know until tomorrow, but thanks for asking. I am still anxious and extremely worried yet my employer still puts me under even more stress. Is it getting nearer to duty of care yet???

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it will only be a duty of care if your medical condition would have an impact on your working day and if any reasonable adjustmants were warrantied

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Just a question you gave them 2 months notice that a suspected cancerous lump was going to be removed? Seems a long time for somthing that could be cancer? or am I missing somthing?

Also if it is cancer it would be counted as a disability and any absence through this would be treated differently

Edited by assisted blonde

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Well the good news is the lump was not cancerous. The reason it took so long was that the two biopsys were inconclusive. I have spoke to our MD today and he has said he was not happy with the way the absence hearing was conducted and he will have a look at it.

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Thats good, and very pleased it wasnt cancer


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Hi Squaddie can you expand on this...how is an employer to assess whether claimants medical condition would have an impact on the working day and if the employer need carry out a full risk assessment.

 

if they failed to carry out a full risk assessment when they should have this would be a breach of duty of care. However upon when is it deemed necessary that an employer should carry out a risk assessment?

 

Regards

 

BB

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