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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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      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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Upcoming Trial date/help with Schedule of loss..


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Piece of all of that information together and use the figures suggested for the months affected, as long as you can show with proof that you lost earnings as a result, ie had to claim benefits then that will form your schedule and proofs.

Future losses are much harder to predict but the same principle applies to calculation, you just wont have the proof yet in advance of the loss

 

 

 

 

Ok thanks...this helps a lot....

 

Question: Does this schedule of loss that i am being asked to submit affect the compensation amount that i am asking for in my claim?...I submitted to the court that i am seeking general damages no more than 50,000 for the unlawful detention and violation of articles 3 and 8 of the Human rights Act....

 

The fact that blatant fraud was committed by the NHS trust in the regards to how there social worker was able to gain access to me- i also asked for exemplary damages..

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The order is asking for calculable losses for past and future which we have looked at.

 

if you also wish to add an amount for punitive damages to your claim for breach of human rights then i cant see how this is calculable, it would be an arbitrary figure or at best, a calculated amount based on the figures discussed until your retirement.

 

IMHO you NEED a solicitor but i think the bottom line is this, you have spent 3 years on this, the solicitor you had was useless and you cant find another one to take the case for the last year, also the Bar Pro Bono wont touch it, this should tell you an awful lot about the chances of success!

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The order is asking for calculable losses for past and future which we have looked at.

 

if you also wish to add an amount for punitive damages to your claim for breach of human rights then i cant see how this is calculable, it would be an arbitrary figure or at best, a calculated amount based on the figures discussed until your retirement.

 

IMHO you NEED a solicitor but i think the bottom line is this, you have spent 3 years on this, the solicitor you had was useless and you cant find another one to take the case for the last year, also the Bar Pro Bono wont touch it, this should tell you an awful lot about the chances of success!

 

Well, i don't see how i will lose the case being that the organization that is currently helping me uncovered proof that the social worker who accessed me in my PRIVATE accommodations NEVER had in her possession- a valid mental health warrant ...However, she told the manager of the building the opposite and he let her in my flat. ...The aforementioned is outright FRAUD and the organization that is currently helping is looking for lawyers to bring CRIMINAL charges against the social worker for fraud...See section 126 of the MHA 1983...

 

 

The Solicitor i had was for the ET case which had to do with the JOB not this cvil matter...I was unable to get anyone to help me with the human rights case..Thats is fine -as i feel more in control handling things..plus i now have a person who is an expert on Mental health act laws on the case...

 

The case is long and drawn out and i am happy to keep going for another 3years if need be....If I had given up when Bar pro bono refused to help, then the Mental health watch dog who is now helping would never have found me- thus we would not have uncovered explosive proof of fraud being committed by the Trust and social services...

 

Btw..it took this long to get to trial due the Country court screwing around with my case!

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use the figures discussed to satisfy the order and i hope you manage to find a good solicitor

 

Martin

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use the figures discussed to satisfy the order and i hope you manage to find a good solicitor

 

Martin

 

Will do!..Thanks Martin, i now have a starting point...will keep this thread updated on my progress and i will definitely donate to the site.

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You are very welcome DP

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A successful claim in the Employment Tribunal for unfair dismissal would consist of two elements - a basic award calculated according to a fixed statutory formula (see https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/employment-tribunals-basic-award/employment-tribunals-how-to-work-out-your-basic-award-if-you-are-claiming-unfair-dismissal/), and a compensatory award. In a nutshell, a compensatory award compensates you for the financial loss suffered as a result of the dismissal - generally for lost earnings from the date of dismissal until you found a new job or could reasonably be expected to have found a new job.

 

You can calculate the basic award by sticking numbers into a calculator. In a nutshell, You calculate an estimated compensatory award by estimating the amount of time you were out of work as a result of the employer's dismissal. It should be relatively easy to put a number on both. There is no additional compensation for hurt feelings etc. awarded in vanilla unfair dismissal cases (unless there is also a separate discrimination claim).

 

A sample schedule of loss for an unfair dismissal claim is available here: https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/et30-sample-schedule-of-loss.pdf. You should probably use a similar format. I'm not sure how you would go about proving that you only lost your ET case because of the MH issue though.

 

I make no comment on your chances of success - I can see that I commented on your thread back in 2014.

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