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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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dondada

How do I sue an organization under the Equality Act

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Hello Everyone,

 

 

I wish to sue an organization under the Equality Act

 

 

I have not suffered financial loss so I don't know if I can use the Money Claim Online (MCOL)

 

 

I want the organization to change their procedure, and maybe compensation for injury to feelings

 

 

If I can't use the MCOL, then where do I go

 

 

Also, how do I quantify the compensation?

 

 

 

Thanks

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Clearly not

 

 

This Claim is OUTSIDE of employment hence I asked where to go

 

 

And in some of "my others" I quite clearly stated that it was for someone else

 

 

 

Thanks

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I want the organization to change their procedure, and maybe compensation for injury to feelings

 

You won't get any compo for your feelings.

 

Depends entirely on what this organisation is, and does, what is it you want to change, what is it you feel goes against the equality act, have you contacted them already regarding this and made your concerns known?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You won't get any compo for your feelings.

 

Depends entirely on what this organisation is, and does, what is it you want to change, what is it you feel goes against the equality act, have you contacted them already regarding this and made your concerns known?

 

 

Yes I have contacted them and they said they have dealt with my complaint and the case is closed

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Who is it?

 

And what is it you feel they have done that doesn't comply with the EA?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Who is it?

 

And what is it you feel they have done that doesn't comply with the EA?

 

It is a Council

 

 

I believe it is a policy on this Forum not to name names?

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Then I can't help, I'm not guessing who or what it is, and what may or may not have happened, no-one can give correct advice guessing and making assumptions, sorry.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Then I can't help, I'm not guessing who or what it is, and what may or may not have happened, no-one can give correct advice guessing and making assumptions, sorry.

 

 

Thank you for your offer of help, I appreciate it.

 

 

Unfortunately, you didn't understand my question;

 

 

I wasn't asking for you to assess the merit of my case,

 

 

That would amount to legal advice, which I believe only a trained legal personnel should give

 

 

I was seeking procedural advice ie which court I should go to

 

 

That is an advice which anyone who has had a Claim under the EqA would know.

 

 

I just felt it couldn't be the MCOL because I didn't lose money

 

 

Anyway, once again thanks for your offer of help

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Which Court do you think it is, then, if you correctly point out MCOL isn’t an option?

 

1) County Court

2) Magistrates Court

3) High Court, or

4) other (in which case, which)?

 

My money is on County Court, just not through MCOL .....

 

Edited to add:

I then checked out the useful CAB link HB provided, and it confirms:

“You need to make your discrimination claim in the County Court.”

 

Then again, I’m not a solicitor, so you may feel uneasy taking my advice, based on your previous reply to a respondent.

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Which Court do you think it is, then, if you correctly point out MCOL isn’t an option?

 

1) County Court

2) Magistrates Court

3) High Court, or

4) other (in which case, which)?

 

My money is on County Court, just not through MCOL .....

 

Edited to add:

I then checked out the useful CAB link HB provided, and it confirms:

“You need to make your discrimination claim in the County Court.”

 

Then again, I’m not a solicitor, so you may feel uneasy taking my advice, based on your previous reply to a respondent.

 

 

Thank you for your response.

 

Let me just clarify;

 

I believe it is not fair to ask someone who isn't legally trained for legal advice

 

I also appreciate that sometimes (though rare) a layperson might have a better grasp of the Law than a supposed trained person

 

You must have seen that several times

 

I believe you can tell (different from advice) that a person has an arguable case

 

I believe anybody can give procedural advice

 

I believe anybody can give tactical tips and strategies.

 

So once again thanks for this

 

I will research and find out how to make a Claim to the County Court without following the MCOL route

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Guessing game on Sunday morning...

Sweet!

Op, how can anyone suggest anything without a single hint of what the discrimination is about?

Not even the best solicitor in the world would answer.

We see here a lot of members who think they've been discriminated against, when in fact they haven't.

In many occasions people use one of their protected characteristic to claim discrimination.

That doesn't make it so and the fact that the council rejected the complaint is the first indication that maybe ,and only maybe, there's no discrimination at all.

My friend works at council housing and she can tell many stories of people claiming discrimination just to get what they want (bigger house, better area, etc.)

Also, many discrimination cases are dismissed at ET because the perception of the person is not always objective, so feeling discriminated against it's not necessarily a case of discrimination.

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Guessing game on Sunday morning...

Sweet!

Op, how can anyone suggest anything without a single hint of what the discrimination is about?

Not even the best solicitor in the world would answer.

We see here a lot of members who think they've been discriminated against, when in fact they haven't.

In many occasions people use one of their protected characteristic to claim discrimination.

That doesn't make it so and the fact that the council rejected the complaint is the first indication that maybe ,and only maybe, there's no discrimination at all.

My friend works at council housing and she can tell many stories of people claiming discrimination just to get what they want (bigger house, better area, etc.)

Also, many discrimination cases are dismissed at ET because the perception of the person is not always objective, so feeling discriminated against it's not necessarily a case of discrimination.

 

 

 

It seems you didn't read my earlier comment that I don't believe it is fair to ask an ordinary person for legal advice.

 

Anyway, to put the issue at rest, let me address it;

 

I believe I was discriminated against by the Council

 

I made a complaint

 

They never got back to me

 

After a long time, I went back to them asking for the outcome of my complaint

 

They responded that my complaint has been dealt with and the matter is now closed

 

I was never informed about the outcome nor given an opportunty to appeal

 

My Complaint wasn't dealt with properly nor in line with their procedure

 

I feel it is victimization for making a Protected Act.

 

Obviously, there are more information but I can't give it here

 

Hence, I can not expect you to evaluate the merit of the case

 

That is why I asked for procedural advice rather than legal advice

 

 

Regards

 

 

Please note; this has nothing to do with housing benefit or any benefit at all.

 

I do not claim anything from the council

 

I have NEVER claimed anything from the council or any council

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In that case you need legal advice from a solicitor who will need the full story anyway.

The council says that they've sorted the complaint and sent you the outcome, but you didn't receive it.

Royal mail fault, council admin fault? Who knows?

Did you request the outcome?

Maybe they found in your favour and you don't know.

Anyway, suing anyone for discrimination supposedly includes a case of, guess what? Discrimination.

Without any info nobody, not even mr loophole could give any advice.

Different courts deal with different cases, so without knowing the case, nobody would be able to advise.

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Your confusing post dondada illustrates why people ask for more details and context before advising. First you say it's an Equality Act claim you want to bring, now it seems there's no EA discrimination but you believe you have been prejudiced in some way "for making a Protected Act". Do you mean a protected disclosure ('whistleblowing')? Knowing the issue is important to advising what you can do next. From what you've said I suggest you make a complaint to the Local Government Ombudsman about the failure of the Council to deal with your complaint correctly.

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I would suggest you read the court's guidance on issuing a claim at https://formfinder.hmctsformfinder.justice.gov.uk/ex302-eng.pdf. This includes a paragraph on what to do where the value is not known. I suspect you would use form N1 (but difficult to say without knowing the details).

 

I would suggest you do not proceed with issuing a claim unless you share full details on here to get some input or go and get some proper legal advice.

 

A claim like this may not be allocated to the small claims, meaning you will have to pay the council's legal costs if your claim is unsuccessful.


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Your confusing post dondada illustrates why people ask for more details and context before advising. First you say it's an Equality Act claim you want to bring, now it seems there's no EA discrimination but you believe you have been prejudiced in some way "for making a Protected Act". Do you mean a protected disclosure ('whistleblowing')? Knowing the issue is important to advising what you can do next. From what you've said I suggest you make a complaint to the Local Government Ombudsman about the failure of the Council to deal with your complaint correctly.

 

Protected Act is different from Protected Disclosure

 

Protected Act is defined in section 27 (2) of the Equality Act 2010

 

Protected Disclosure is defined in section 1 of the Public Interest Disclosure Act 1998

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Hello everyone,

 

I took the case to the County Court via the County Court Money Claims Centre, PO Box 527, Salford

 

I used the paper form instead

 

The other side didn't put in a defence so I got a default judgement

 

I have engaged a debt collector to recover the money

 

I still don't know the exact place to file such a claim

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And I'm none the wiser as to what it is you've achieved????


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have achieved the following;

 

Justice for myself

 

Change in procedure and attitude for the organization

 

I strongly believe in the principle of Ubi jus ibi remedium

 

That means where there is a right, there is a remedy

 

Big companies and the council can't override the rights of ordinary citizens

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Wow, why so bitter and angry?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

Well Done on your Outcome

 

How are you sure that this has changed the Councils Procedure & Attitude?

 

You sent the debt collectors in to recover money, has this been recovered?

 

What specific dept within the Council did you have this issue with?

 

Exactly what was your Equality Act issue with the Council?


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How are you sure that this has changed the Councils Procedure & Attitude?

 

I was wondering that too as OP says "The other side didn't put in a defence so I got a default judgement"

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