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    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
    • Please read and complete the following posting your responses back here for further advice. Topic title amended.   .     .
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Employment Tribunal


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Hi All,

 

Newbie here.... I have read a lot regarding ET's and people representing themselves. I am one of them and I'm due my CMD in a few weeks. I am currently due to see my MD tomorrow regarding a "without Prejudice" meeting and just wondered if anyone has done this and if anyone has gone all the way with self representation..? I read recently a thread from 2010 from davuck and just wondered if your still here and if so how did you get on..? Also honeybee13 wrote a lot of replies and if poss I'd like to here from you and Madari if your both still on.

 

I have a fewv questions I need answering but obviously a chronology would help, but I will post later.

 

So first and foremost has anyone had a "WP" meeting and if so how did you plan/deal with and get on...?

 

 

Rgds.....Spike

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Hello and welcome to CAG.

 

I'll move your thread to the employment forum, the guys should be able to help you and I expect they'll be along later.

 

I'll leave you a short term redirect from here, so you can find the new forum.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Wp meeting is often a cash offer. I'd fix in your mind a number you think is reasonable...

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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Agree with Emmzzi, but also have a good idea in mind of how strong your case is. It isn't the matter of whether you are representing yourself or not, but the strength of your legal argument. If you know that there is a good case, and have solid evidence to prove it, then that should be what is important in deciding what a settlement should look like.

 

Any chance of some details?

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Hi Sidewinder,

 

Thanks for the reply and HB too.....

 

 

Hope you've got a cup of tea and a box of biscuits....!

 

 

 

28-07-11 Serious cycling accident.

Returned to work under a sick note 01-08-11 due to my collegue being off and the transport manager unable to cover or arrange cover.

 

21-10-11 Disciplined. Given Final written warning for failing to sign off defect reports and non reporting of accidents. (mitigating circumstances explained during meeting)

 

20-12-11 - 24-12-11 left to moved the entire transport dept virtually single handedly even though I have a severe back condition.

 

31-12-11. Mother admitted to hospital after collapsing due to overload of looking after father with dementia. Dad stayed with me until 08-01-12 then I had to admit him to a care home so I could return to work. During time in hospital mum nearly died and finally recovered and left hospital 03-03-12(approx).

 

16-04-12. advised Line manager of court apperance for divorce.

 

22-05-12 invited to investigation meeting.

 

26-06-12 Investigation meeting regarding absence on 25-05-12 & 21-06-12. Advised by HR manager to visit doctors regarding my situation. (mitigating circumstances explained during meeting)

 

(25-05. Meeting with mothers care workers arranged for one hour (12pm) lasted 3. Phoned in and didn't return to work that day collegue covered.

 

On holiday 15 to 19-06. unable to attend work 20-06 due to severe back pain. 21-06 in court for finalising divorce only told by solicitor on 18-06.)

 

27-06-12 - 26-07-12 off sick with stress and severe back pain.

 

29-08-12. Letter arrived whilst I was on holiday to say the transport depatment was moving on 03-09-12. returned to work to find office empty and over the next three days had to move the dept. with a serious back condition. recieved minimal help.

 

11-09-12 Disciplined. Given another final written warning, demoted and deducted £3500 in annual wage salary. (mitigating circumstances explained during meeting)

 

05-12-12 Invited to investigation meeting (07-12-12) for sending a truck in 3.5 hours early (21-11-12) and sub-contracting another 23-11-12 (I don't sub-contract). Also mis leading my line manager. I pointed out the date was wrong (it was 22-11-12). another meeting set for 12-12-12. I responded to the allegations and my manager backs me 100% in my job and 99.9% of my decisions but not in this case, and they then said the meeting was over to which I pointed out the issue of mis-leading. I then had to read it out and defend myself only to be told I hadn't mis-lead. I was told investigation would be concluded and I would be informed by the middle of next week (19-12-12) I did not hear anything until 31-12-12 when I got a notice to say due to annual holidays and the fact I am off the first weeks in Jan 13 they would issue another letter. I returned on 14-01-13. I recieved an email 01-02-13 inviting me to a disciplinary meeting 11-02-13. I confirmed my letter but as my collegue was off I asked if the transport manager could cover only to be told it would be re-arranged as he was busy. (The fact being he never visits the department (against VOSA regulations) and cannot do the job) Unfortunately my pain got better of me and I went sick 12-02-13 - 15-04-13. (mitigating circumstances explained during meeting)

 

26-03-13 I responded to a letter from them saying:- "Due to the amount of time I was absent a home visit needs to be arranged". No responce was given and the meeting didn't happen.

 

15-04-13 Back to work meeting. Usual, "how are you, hope your feeling better" I asked why they did not do a home visit to be told "as we new you were back today we didn't need to" (is this not against company policy..??) then informed of a "small matter" of my disciplinary of which they would advise me a date by Friday 19-04-13. I returned to the office to find I had been ostrosized and sent to coventry. I was not spoken to or asked to do any work just left in silence for two weeks. Also I did not hear anything from HR regarding my disciplinary.

 

29-04-13 Visited doctors and signed off sick with stress.

 

10-05-13 Visited doctors and took a depression test. Signed off for a further two weeks with stress and depression.

 

I've been sick ever since and last week diognosed with clinical stress as well as severe back pain and depression... :|

 

I feel totally let down by the company and have lost all trust and confidence in them due to them saying we will do this, that and the other only for them to do nothing and leave me in the dark. This has left me very anxious and worried for my future with the company as this recent disciplinary has been going on for over 8 months. Together with sleepless nights, anxiety, depression and stress this has also increased my pain levels meaning I now have to take stronger medication and anti-depressants.. I don't think they have taken my mitigating circustances in to account fully (serious RTA, marrige break up, divorce, Mum nearly dying, indignation of splitting parents up and putting dad in a home, living in constant pain), Also I feel they are trying to get me to hand in my notice. I feel unable to return to the enviroment they have created and due to their inadequence and drawn out responces I had no option but to hand in my claim before dissmissal.

 

I've started proceedings as I feel they have failed to recognise its statutory duties enshrined within the MHSWR 1999; HSAWA 1974 and Equality Act 2010. For the past two years my lifes been in a bit of turmoil but they failed to recognise issues and basically compounded the fact. I wasn't spoken to privately about the demise of my good caracter and therefore not offered occupational health... I'm just interested in what people think...

 

Rgds.........Spike

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Spike, this is a sad tale and you have had hard time.

 

But I am struggling to see a sound case. What are you actually claiming?

 

You decided to return to work against doctors recommendations. You have a personal responsibility there. The first person responsible for your safety is you, and if you choose not to take care of yourself...?

 

You had a non work related accident which affected your back, and non work related stress with your parents and a divorce. You have leave which was not pre-authorised.

 

You do not state you refused to move items from one department to another (twice?) - you have a personal accountability for your own health. You don't sit about and wait for an occ health referal, you ask for one!

 

None of the above is the employers fault.

 

At this stage you should not be querying if home visits are in the policy; you should know it inside out. Do you?

 

You also seem to have had 2 further investigations and disciplinaries go against you while on a final written warning. You were lucky not to go on the first, that is what the "final" is about!!

 

I can understand people being reluctant to talk to you during a disciplinary. That's not illegal discrimination.

 

I am struggling to see a case and if you are offered any settlement I'd take it, based on what you have written here.

Edited by Emmzzi

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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Hi Emmzzi,

 

Thanks for your reply... I'm claiming discrimination arising from a disability which my company failed to act on or make reasonal adjustments so as not to be detriment to my condition, whistleblowing, constructive dismissal etc.

 

I know my return to work looks voluntary but I was put under pressure to help my manager (long term friend) who can just about open an email... I even mentioned it in a disciplinary.... I realise this was a mistake but I'm "old School" and if you can get to work you do regardless of your condition...

 

Prior to the first disciplinary I spoke several times with my manager about my stress, pain, sleeples nights, anxiety etc and have produced medical info from specialists in all meetings so I feel my company was aware I had an impairment that led to my disability as it stated it in the medical report. It was also commented on by the FD and HR that they felt I had an illness and they even told me to visit my doctor due to the fact I was not fully fit to return to work. I feel they failed to act under the SCPE 2010 Chapter 5 para:5:15.

 

I did protest against it but again my impairments were ignored and being one to not rock the boat refered to my normal self and got on with the job to the best of my ability.

 

I do know.....I replied to accept the home visit but recieved no correspondance regarding it..?? I returned three weeks later... On return they said the home visit didn't happen as they knew I was back today... Is that a real demonstration of a proper assessment...??

 

I know I could have gone the first time but due to all the problems/pressure I could not afford to loose my job so loosing face with work collegues was the better of two evils.... Even though I said I would not be able to stand it from a personal/pride point of view. I had to accept.... If your drowning and someone offers you an olive branch what would you do...???

 

They didn't speak to me because of disciplinary action they ignored me due to my sickness abscence. Being sent to Coventry and being left in the dark as to when my disciplinary would be held seriously undermined the implied term of mutual trust and confidence. I could of handed in my notice, walked away, and got on with my life or even have gone to the ET and claimed for constructive dissmissal..?

 

I appreciate your comments and look forward to your views.... I understand why you think this case is very shallow but I feel frustrated with the treatment I have/am receiving and the fact they have pushed me to the door.... I would normally just walk but the world economy and my current situation means I cannot afford to do the best for them..!!!

 

Upon receiving my ET1 from the ET their solicitor sent me an offer straight off the bat which I felt was derogatory. This included an ex-gratia payment... How would you read this... normal or an admittance..??

 

"I see you were due to meet MD 15th. what happened?"

 

Due to a family emergency I had to cancel and re-book for next week....

 

Rgds........

Edited by spike916
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Ok. I think you need to try the time line again.

 

Start with a clear statement of how your employer would know yu were disabled and when.

 

Then

 

Thing that happened

 

Why it was discriminatory

 

Consequence of thing that happened

 

You need to park all the little hurts and just show things ith clear discrimination

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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Ps small cash offer a normal try on if less than lawyers bill will be. Means nothing.

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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