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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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I have received tribunal's Notice of preliminary hearing case management and Notice of a claim - Notice of hearing with a case management orders. However, I haven't received CT3 copy . Is that ordinary ? When I should see it?

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Thank you for your reply.

Yes, sorry for typing mistake. I meant ET3.

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I have to prove inconsistency of my treatment by employer regarding procedural rules.

 

Namely how they conducted my disciplinary proceedings compared to how they conducted grievance by my colleague. My disciplinary was led, decided and executed by one person. However, the grievance by my colleague against the alleged victim of my dismissal, was led by independent board person. Notwithstanding that my grievance against victim was not taken into account at all.

 

Is my colleague bound by confidentiality about his grievance procedure closely connected with my dismissal, because i do not want to harm her prospects if I reveal discrepancy and discrimination. I know it is internal confidentiality but how should i go around it to prove inconsistency. ( can she put inconsistency in her witness statement, or should I leave it to cross examination?)

 

I don't know if I was clear, but the question is can I point to evidence which another employee is bound by confidentiality? I know that whistleblowing must be in public interest, but what about confidential information internal to respondent which proves illegality of my dismissal.

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No.

as for et3 i sent email request , and et sent mer et3 response immediately. So, tank you again for suggestion.

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I'm sorry, I'm not really following this, can you elaborate for us please?

 

 

You raised a grievance and aren't happy with how it was dealt with? And you're no longer with the company and wanting to use evidence from your colleague's grievance if I've understood you correctly.

 

 

Which of you is going to a tribunal?

 

 

HB


Illegitimi non carborundum

 

 

 

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I was dismissed, now at Tribunal. I have preliminary end of July. My disciplinary was held differently than a grievance by my colleague. My disciplinary hearings and the procedures were hasty, only one person investigated, decided, led hearings ( it was 2 - final warning and dismissal). Contrary , the procedure for the grievance of my colleague was led, investigated by independent member of the company.

 

 

 

However, because of duty of confidentiality my colleague is bound- i.e. not to talk about her grievance and process, can I point on that inconsistency not to harm employment chances of my colleague?

Edited by honeybee13
Paras

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Thank you for that. So your colleague is still at the company and this evidence you want is for your own tribunal about your dismissal?

 

 

HB


Illegitimi non carborundum

 

 

 

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Yes. And she will be my witness at tribunal.

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Thank you. I've merged your threads, we only need one for your tribunal. Please continue to post on this one. :)

 

 

HB


Illegitimi non carborundum

 

 

 

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I just want to ask , because their et3 is 4 months late - from my et1, can I request tribunal for default judgement As et3 claim was not submitted within time?

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I just want to ask , because their et3 is 4 months late - from my et1, can I request tribunal for default judgement As et3 claim was not submitted within time?

 

Yes, you could ask for a default judgement but most likely you wouldn't get it

The Tribunal always seems reluctant to do so and a lot of Respondents always fail to reply on time

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I have to prove inconsistency of my treatment by employer regarding procedural rules.

 

Namely how they conducted my disciplinary proceedings compared to how they conducted grievance by my colleague. My disciplinary was led, decided and executed by one person. However, the grievance by my colleague against the alleged victim of my dismissal, was led by independent board person. Notwithstanding that my grievance against victim was not taken into account at all.

 

Is my colleague bound by confidentiality about his grievance procedure closely connected with my dismissal, because i do not want to harm her prospects if I reveal discrepancy and discrimination. I know it is internal confidentiality but how should i go around it to prove inconsistency. ( can she put inconsistency in her witness statement, or should I leave it to cross examination?)

 

I don't know if I was clear, but the question is can I point to evidence which another employee is bound by confidentiality? I know that whistleblowing must be in public interest, but what about confidential information internal to respondent which proves illegality of my dismissal.

 

On what grounds are you challenging your dismissal?

If it is simply on procedural unfairness though you could win but you might not get much compo becos of Polkey Deduction

It will help if you tell us a bit more story

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I am sorry I wrote twice but your site just went blank when I submit it .

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June to September 2017: Victimization that led to my dismissal - age discrimination as to breach of health and safety rules . ( statutory) . Not allowing an air conditioner at all to be open during summer 2017. Yes it was 30 degrees in the office most of the time. I complained . Not giving me opportunity to appeal against his decision.

 

 

From October 2017 : Disability discrimination - not taking into account my chronic depression and anxiety while dismissing me and giving me final warning; also not taking reasonable adjustments as to my disability. ( Dr letter - not only had not been taken for mitigating ; but not even investigated further)

Procedural: gross negligence and inconsistency in my treatment and treatment of another employees.

 

 

End October 2017: Gross misconduct for bullying - saying 'victim' do not say my name ( deliberately repeatedly calling my name in negative, defamatory manner) - final warning. Victim gave false evidence: I put counter claim and grievance at the hearing ( and later before dismissal hearing , however it was never followed.)

 

 

End Nov 2017: Gross misconduct for bullying the same 'victim' ; sending email : please do not make private calls from the office, go out of office, if you want to make it private, as we all do, it shows arrogance and disrespect towards me...always doing it when just two of us are in the office. . After reading email 'victim' in irrational, aggressive manner, chanting: do not touch me, do not come close to me, i will call 999 etc. while I stood there frozen, staged false physical attack by me. A part of 'attack' I recorded. People around complained about her, however my director took it as me bullying her.

 

 

Anyway , it could be an interesting case . I would like a tribunal to make a statement of what the bullying finally is. One act of nuance perceived by employer or ....?

 

You would ask yourself : what is his/her motive? I would say as for him it is to show us/me who is the manager. Especially me , as I , even foreign, even in the lowest position was/am 3x more educated than him (in law for his detriment). As for the 'victim' it is a blatant professional jealousy. I was the best employee . As for me I was seen as a trouble maker. he saw me as a threat to his reign. Of course motive is the hardest to prove. It is for tribunal to decide.

Edited by honeybee13
Paras

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June to September 2017: Victimization that led to my dismissal - age discrimination as to breach of health and safety rules . ( statutory) . Not allowing an air conditioner at all to be open during summer 2017. Yes it was 30 degrees in the office most of the time. I complained . Not giving me opportunity to appeal against his decision.

 

 

From October 2017 : Disability discrimination - not taking into account my chronic depression and anxiety while dismissing me and giving me final warning; also not taking reasonable adjustments as to my disability. ( Dr letter - not only had not been taken for mitigating ; but not even investigated further)

Procedural: gross negligence and inconsistency in my treatment and treatment of another employees.

 

 

End October 2017: Gross misconduct for bullying - saying 'victim' do not say my name ( deliberately repeatedly calling my name in negative, defamatory manner) - final warning. Victim gave false evidence: I put counter claim and grievance at the hearing ( and later before dismissal hearing , however it was never followed.)

 

 

End Nov 2017: Gross misconduct for bullying the same 'victim' ; sending email : please do not make private calls from the office, go out of office, if you want to make it private, as we all do, it shows arrogance and disrespect towards me...always doing it when just two of us are in the office. . After reading email 'victim' in irrational, aggressive manner, chanting: do not touch me, do not come close to me, i will call 999 etc. while I stood there frozen, staged false physical attack by me. A part of 'attack' I recorded. People around complained about her, however my director took it as me bullying her.

 

 

Anyway , it could be an interesting case . I would like a tribunal to make a statement of what the bullying finally is. One act of nuance perceived by employer or ....?

 

You would ask yourself : what is his/her motive? I would say as for him it is to show us/me who is the manager. Especially me , as I , even foreign, even in the lowest position was/am 3x more educated than him (in law for his detriment). As for the 'victim' it is a blatant professional jealousy. I was the best employee . As for me I was seen as a trouble maker. he saw me as a threat to his reign. Of course motive is the hardest to prove. It is for tribunal to decide.

 

 

 

You made a lot of allegations here and a Judge would be put off

 

The pattern is this;

 

Date

Event

Effect

Violation/Relevant Act

Inference

 

Let me give an example

 

 

On the XX of July 2017, it was very hot in the Office

I requested that the Airconditioning is put on

The manager refused

I had to work in a very hot and stuffy office

This is contrary to section 6 of the Offices, Shops and Railway Premises Act 1963

His refusal is due to my XX (age/sex or race)

 

 

You have to state every event so that a Judge could draw proper conclusion

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Thank you for reply and suggestions. I did complain to employer and quoted health and safety regulations. ( whistleblowing?) But you gave me the right Act. Thank you.

 

However, I do not know may I point another procedure (grievance hearing) in the company and compare it to mine (disciplinary hearing), to show inconsistency and inequality. Would it be whistle blowing or breach of confidentiality by another employee who told me about inequality?

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Update on case:

 

Judge made orders for

 

Automatic dismissal in accordance with s 100 ERA ( whistleblowing - health and safety)

 

Unfair dismissal s 98 ERA

 

Direct Disability discrimination ( resp. saying to 'victim' that I have problems. - alluding to mental problems.

 

Discrimination arising from disability s 15 EqA ( not taking medical record for dismissal)

 

Not making adjustments s 20 EqA

 

However, It is more then a month and I did not receive written copy of the order; is that usual?

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Update on case:

 

Judge made orders for

 

Automatic dismissal in accordance with s 100 ERA ( whistleblowing - health and safety)

 

Unfair dismissal s 98 ERA

 

Direct Disability discrimination ( resp. saying to 'victim' that I have problems. - alluding to mental problems.

 

Discrimination arising from disability s 15 EqA ( not taking medical record for dismissal)

 

Not making adjustments s 20 EqA

 

 

 

I don't understand what you are saying here

 

Are you saying the other side didn't put in a defence and a default judgement was made?

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No, at the Preliminary hearing judge went through my claim and these points will be discussed at the main hearing. I am asking should I get court orders made at the Preliminary?

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I still don't understand you

 

 

You had a Preliminary Hearing

 

 

The Other Side turned up

 

 

Issues were clarified during the Hearing

 

 

Directions were given

 

So I don't understand which order you want to be made?

 

The PH has already been held

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Thank you. Yes, I meant Directions , not the order, sorry. Judge said that I will get in writings directions he made, however I still haven't, so I didn't took notes at the PH.

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Correspondence from the Tribunal tend to take a long time However, you could call the Tribunal Office to find out why the delay

 

 

Sometimes you might need to call before the Offices act They are currently overwhelmed

 

 

When you get the Directions, look at the Issues to be determined If anything is missing, make sure you write back immediately

Edited by honeybee13
Paras
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