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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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automatically unfair - unfair dissmisal


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she said she wont post and she wont but its not like its my fault if she reads this now then she has more info , she just hates not getting the full info

 

With a valid reason - how are people meant to advise without the full picture?

 

I note that many of the more helpful advisors on here have bowed out. For future reference, you may get more assistance if you are more structured and cooperative in your approach. I don't blame Emmzzi for leaving this one alone - and she has had many people try her patience in the past...

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i dont really care i think .. well i hope smokejumper has agreed with me its a vailid reason for unfair dismissal and a valid argument at ET thats all that matters to me.

 

theres no obligation to admit full details on here. But i understand , no need to throw a strop wen u dont get your own way tho

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Becky

With respect I have noticed that on occasions Emmzzi has a rather short fuse and does a queeny strop very well. She puts all the queens I know to shame:lol:

 

I do not doubt her knowledge and frankly on this occasion I can't say I altogether blame her.

 

I do not know which company the OP worked for but i am guessing Emmzzi does. I also admit that it took some picking through to find out exactly what the grievance is.

 

Can you please enlighten us all as to who the many more helpful advisors are who have bowed out?

Any opinion I give is from personal experience .

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Legalrights

 

I personally have my doubts about unfair dismissal being a valid claim however as you haven't posted the full story , not even a complete version of your side of the story how can anyone really help. I have a suspicion that you were an architect of your own demise , you got a notion into your head that something was wrong and pushed and pushed.

Again I suspect that any decision , even in your favour will not be helped by your own behaviour.

 

I may well be wrong (it has been known)

Any opinion I give is from personal experience .

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Let's not take this thread off track.

 

Emmzzi will decide if they wish to contribute to this thread and there is no compulsion to do so and her consideration may not just take into account this thread.

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What I'm saying is I think I would have said at 5 .30 that I'm having a brew now and then I will carry on until 7. But then I don't know the circumstances of your job, I do think being told to have the break at the end of the day is not right unless it has has been put to a vote or local agreement.

 

Now I don't know if thats enough to take it to an ET, I don't have enough experience, but I do know from reading/studying that even strong cases don't succeed.

 

Don't take out a case on my answers, have another read of fletchs link and see if your still confident.

 

Don't upset Emmzzi she's not the enemy ;-)

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I was not saying that they have a claim against you, however when it comes to the awarding of costs and compensation your own conduct COULD have a negative effect. It is not unknown for someone to win at ET but end up being out of pocket. I stand to be corrected if I am misinformed.

 

Maybe Emmzzi could confirm or deny that

Any opinion I give is from personal experience .

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possibly .. depends on the bills youve racked up ie rent

 

Not sure what you mean. You can win and not get a costs order for example. What do you mean about rent?

Any opinion I give is from personal experience .

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Fletch is correct - you could win the case technically speaking, but the Judge could consider a 'Polkey' reduction to any award to take into account to what extent the Claimant contributed to their own demise. You wouldn't face a costs award as the case was found in your favour, but the net award could be nil if the Judge reduced the award by 100% because, for example, you did not lodge a grievance, or in some way caused your own downfall.

 

An ET is certainly not a straightforward matter of black or white - there are many shades of grey in between.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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I think that I've found a case that might help you.

 

But before I raise your hopes, can you confirm that all 3 of the following apply to your particular circumstances?

Let's do this step by step because whether, or not, the case helps you depends on a very precise series of events.

 

Step 1.

1. You had worked without a break for 5 hours 31 minutes.

2. You were asked to continue working in order to complete a (or another) task.

3. At that time you clearly stated that if you continued working without a break until the task was completed your working period on that day would be over 6 hours.

 

Are these 3 statements an accurate account of the first part of your dispute?

Can you prove this? i.e. Do the documents of the disciplinary/dismissal/appeal confirm that these 3 things happened in that order?

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Step 2.

What was the response when you said that continuing to work would take you over 6 working hours that day?

a) No it won't, you'll be finished before 6 hours.

b) Take a break now (at 5 hours 31 minutes) then continue until the task is finished.

c) Even though the working period will be over 6 hours, finish the task then take your break after you leave at the end of the shift.

d) Something else.. If so, what?

 

Were you given any reason in justification of the response?

Can you prove that you received the response that you claim?

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Were you given any reason in justification of the response?

Can you prove that you received the response that you claim?

 

..

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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Thanks

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