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    • Post hidden as FOS Complaint showed your name.   Redact, check through and repost if you want it back up.
    • Will do   dont understand  “f there's little or nothing to do with the debt or CCJ, that in itself is important.” Narrative mentioned 6 x payments of £100  for payment plan but not £2.5k. many thanks in advance
    • bet it doesn't say WILL anything a dca has ZERO legal powers to take anyone to court esp if they don't OWN the debt i'e they state our client is XXXXX   only the owner of a debt can do court.   and as a dca is NOT a bailiff etc etc let them huff n puff.
    • read the letter in post 23 here  Payplan - Cover My Life & Cover My Payments - Debt Management Plan Companies - Consumer Action Group it explains how the 3/6yrs works straight from the ombudsman's mouth.    
    • Hi, Everyone was so helpful with my last issue I am hoping for a bit more advice.   About three years ago I had a regular window cleaner company but they starting playing around. Firstly by randomly turning up to do the windows earlier than expected then one time they opted to come round and climb over my fence to do the back windows whilst I was out.  Then the fun started as they claimed to have cleaned the windows on two separate occasions but it was apparent they hadn't (the birds mess on the kitchen window was the clue) and they tried to bill me for the clean.   After two occasions of not cleaning the windows I stopped the direct debit system they used (go cardless) as I refused to pay for something they hadn't done. Queue the various demands for payment which I ignored. They sent letters in the post asking for £60 and a year ago said if I didn't pay they'd send me to the debt collection agency.    Today, I get a letter from elite debt collection in Sunderland asking for £72 for the window cleaning company as they are now acting for them with the popular if I don't pay in 7 days it's off to court threat.   Firstly,  as there was no signed agreement in place with the window cleaner firm can the debt collector add a fee to the alleged debt? Secondly, can they just rush off to money claim and take me to small claims without a letter before action?   I'm quite happy to defend if they did as they didn't clean my windows no matter what random invoice they may have on their systems.   Thank you  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hello All - Ist time post.

In seeking further disclosures from the Respondent prior to ET, is the correspondence to and from them able to be discussed at the ET hearing?

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Hello there.

 

I'll move this to our employment forum where the guys will know the answers for you.

 

I'll leave a short term redirect from this forum that you can follow to the other one.

 

HB

Illegitimi non carborundum

 

 

 

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Would it benefit your case to do so? What do you want to discuss?

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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It's that in answer to my request(s) the Respondents solicitor, for example, states that grievance witness statements "were not put before the disciplinary panel or the appeal panel".

This is untrue as they were included in the bundles to said panels.

I am finding it very time consuming having to write back to her about issues like the example above.

Is this normal practice to try and frustrate me?

Should I draw it to the ET's attention?

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It's very normal to try and wind you up, yes. Don't play.

 

The ET won't really care about games played outside of the court, they'd never get any work done if they refereed. Just make sure they get the evidence on the day.

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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Yes, it can be disclosed.

 

Whether it would help you is another matter. The Tribunal usually is not interested in this kind of stuff. You need to focus on winning the substance on your case, not on trying to prove that them or their lawyers aren't very pleasant.

 

However this kind of stuff could be used on cross-examination to damage the credibility of a witness, if you can prove that something they are saying is untrue or that they have changed their story.

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Steampowered has said it in a nutshell really. The main point of your case is whether a dismissal was unfair (or whatever the claim is for) with regard to the law. Everything else is purely supporting evidence.

 

So, for example, the law requires that an employer has a reasonable belief that they had grounds to dismiss, and that at the time the decision was made this belief was genuine, that the opinion was formed after a reasonable investigation and that dismissal was an appropriate sanction in the circumstances. If there were inadequacies in the original investigation or disciplinary process were these corrected on appeal with an investigation of all points raised by the employee during the appeal?

 

If an employer can demonstrate the above, then the ET decision will go in their favour. An investigation carried out by you after the fact might well raise doubts as to whether the decision was correct, but providing that the employer had the belief that they were correct at the time, then this does not matter. That is a point that is often lost on a claimant. You must set out to prove that the evidence available at the time of dismissal was not sufficient to dismiss.

 

The information and documents that you have MUST be directed towards proving that the employer was not entitled to dismiss and that they should reasonably have known this when they made the decision - so frame your cross examination around proving that the documents you mention WERE available and were not considered.

 

I also agree with Emmzzi - the ET will not be at all bothered about the respondent or their solicitor messing you around - it is about whether deadlines are met, the bundle prepared and agreed and the way that the case is presented. If documents have not been disclosed by the hearing then that should be a matter to raise on the day, emphasising why they were important to your case and what steps you took to ask for disclosure and any responses made by their solicitor. Only if the documents are absolutely central to your case should you be asking the Tribunal to intervene to force disclosure - and you would need to have a good reason for why they were not asked for originally.

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

 

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Many thanks.

I wonder if you and others could offer advice on an e-mail I received from the Respondent today.

It was a letter sent to the ET today requesting that the hearing dates ( for 16th And 17th June) be vacated and re-listed.

She says that of the 3 witnesses that the Respondent intends to call, there are now substantial difficulties in 2 of the witnesses being able to attend the hearing.

She cites that one witness sustained a fall on the 6th March and there are doubts about being fit for the listed dates.

The second witness, has booked a holiday .

The solicitor states that the witnesses husband recently underwent " life saving surgery" and the holiday is to facilitate her husbands recovery and she forgot about the hearing dates due to " a lapse of concentration" and " severe emotional strain".

I intend to object, but would be grateful for thoughts and comments.

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Benny, responding to your PM. My replying will bump your thread up the forum.

 

I know this is urgent for you and I have alerted the site team in case anyone can help. As it's Easter school holidays, it's a bit quieter than usual, but hopefully someone will see your thread later. :)

 

HB

Illegitimi non carborundum

 

 

 

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Hi Bennyboy98

 

As long as it doesn't sound unreasonable, the Tribunal will probably grant the vacating and re-listing of the Hearing. It could be a delaying tactic but you would need some proof to put before the Tribunal. You could ask the Tribunal that Respondents provide proof of the 'life saving surgery' but you run the risk of seeming unreasonable. If you've booked time off, you could point out that 'costs' are involved.

 

Many thanks.

I wonder if you and others could offer advice on an e-mail I received from the Respondent today.

It was a letter sent to the ET today requesting that the hearing dates ( for 16th And 17th June) be vacated and re-listed.

She says that of the 3 witnesses that the Respondent intends to call, there are now substantial difficulties in 2 of the witnesses being able to attend the hearing.

She cites that one witness sustained a fall on the 6th March and there are doubts about being fit for the listed dates.

The second witness, has booked a holiday .

The solicitor states that the witnesses husband recently underwent " life saving surgery" and the holiday is to facilitate her husbands recovery and she forgot about the hearing dates due to " a lapse of concentration" and " severe emotional strain".

I intend to object, but would be grateful for thoughts and comments.

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  • 2 weeks later...

Hello all.

I am in process of completing my witness statement with exchange with the respondent due on 9/5/14 and would welcome any advice.

 

How much information should I include in my statement? I was originally suspended in August 2012 , dismissed in June 2013 and my appeal was thrown out in September 2013.

My case is listed for June this year at the ET

As you can see this is quite along time.

Should I give a full chronological time frame of events and correspondence?

If so, should I also write about the evidence I have in my defense in the statement, or is it best to refer to the pages in the bundle for the ET to read themselves?

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Hi there!

 

First of all, you should set it out as a pleading with the case title and number and your witness statement as the title. The first line is usually along the lines of "I, (Name) of (address) will state as follows:"

 

You should set out your statement in chronological order using numbered paragraphs (and headings too if it makes it easier to read).

 

You need to include everything that is relevant, as the statement forms the basis of most of your evidence.

 

You should refer to documents in the bundle as appropriate by citing their page number for the panel to refer to.

 

You also should include a statement of truth and sign and date it.

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Exactly as Becky says.

 

The Tribunal Judge will not sit and read the evidence bundle. He will though read your Witness Statement. He will form his decision based on the case that you present, and the WS is the one opportunity that you have to say precisely what happened, when, and why this made your dismissal unfair. You include everything that is relevant to the case so that the Judge has a clear picture in his mind, told through your words, of what happened. The bundle is there to support what you say in your WS, so the statements should make it clear where the Judge can find the document which supports what you are saying - eg on 20th August 2012 I received a letter from Mr Smith (Page 57 of the bundle). The WS should lead the Judge towards your central point that based on what you have described, and supported by the evidence in the bundle that the employer dismissed you unfairly, so although you do not need to outline the precise legal points in your WS, you should understand what the law requires for the employer to have dismissed you fairly and precisely what they did (or did not do) which would make the decision to dismiss you unfair with regard to the law. Your WS should merely state the facts for the Judge, and you then use cross examination to hopefully prove your case. After hearing the evidence from both sides the Judge will give you the opportunity to say precisely why the Judge should find in your favour and why the evidence that he has heard is supported by any relevant case law or statute.

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

 

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  • 4 months later...

Hi all,

Just a quick note to let everyone know that perseverance and patience pays off.

Almost 2 years 1 month to the day since I was suspended and the dismissed my company has given in and settled.

Despite all the deceit, lies and delays they inflicted I won.

They took it right to the wire only conceding the day before the ET hearing.

It goes without saying how relieved I am. I can now start to rebuild my life and my health.

Thank you to CAG for advice proffered.

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Excellent news. It must have been a very stressful time for you.

 

I hope you can now get on with the rest of your life :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Congratulations benny. That must be a huge relief. :)

 

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