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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

 

Any help appreciated.


 
 

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Hello there.

 

Did you say all the employees are being disciplined??

 

I can see why you're thinking of the DDA, someone here will know if IBS is covered by it. Is there a union involved?

 

HB x


Illegitimi non carborundum

 

 

 

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All employee's with bad absence records, no union involved.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

Yes - although it would be action on grounds of capability rather than the sickness record - although the two are intertwined

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

As a sideline, it is the Equality Act now, not the DDA. This requires the employer to make 'reasonable' adjustments to assist the employee to remain in work. An employee can still be dismissed for excessive absence, even where the cause of the absence is related to the potential 'disability' providing that a fair process is followed and after consideration of any adjustments that could be made to accommodate the disability. What is 'reasonable' could be the fact that the employee's absences connected with the disability are measured in a different way to those of non-disabled employees, or if there are workplace factors which make the absences more frequent, whether working conditions could be changed to reduce the negative impact on the employee's condition. With IBS, there is (probably) little that the employer could do to reduce the frequency of absences, so it may be sufficient to simply demonstrate that the employee is allowed a greater leeway before any trigger point is reached at which action is taken. A long way of saying -'Yes', providing that all factors have been considered and that the employee is not being treated 'unreasonably' purely on the basis of the disability. There HAS to still be a trigger point for absences otherwise the employee may be incapable of carrying out the role for which they are employed.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

Informal discussion to assess whether work is exacerbating the problem and whether anything can be done to improve attendance. Explain that whilst sympathetic to the employee's condition there must be a mutually agreed target for improvement and dates set for review. Confirm in writing. If no improvement, then move to a more formal warning (with employee given right to be accompanied as per standard disciplinary guidelines) setting further target improvements, followed by final warning and ultimately dismissal on grounds of capability. The employer could also ask for permission to obtain medical reports and refer to an independant consultant or OH in order to gain an appreciation of the likely prospect of improvement in the condition or better management of symptoms before reaching the end of the line in terms of procedure.

 

Any help appreciated.

 

Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

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Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

 

Thank you :)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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