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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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DraxDomax

Need advice about an injury-at-work case that is going south

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My partner is a carer. She has been sent to work for a lady who wasn't equipped with the correct device to keep her upright. She fell on my partner and my partner suffered a back injury leading to incontinence, pain and time off work.

 

We took the case with xxx LLP, who wrote a letter to the employer and got a response, offering 4000 pounds as final settlement.

xxx advised us to reject that offer, saying, over the phone, that we can always fall back on the 4000, but they believe we can get much more.

 

Since then, my partner has been to Royal Berkshire Hospital, where the doctor said he doesn't see any injury and any pain she might have is a result of earlier injury. Her incontinence might be an infection (totally rubbish).

 

Now it feels like the case might fall through, as the doctors do not want to confirm her injury and we see the 4000 pounds as a better-than-nothing solution.

However, when we WROTE to xxx, they said the offer is off the table and we can't fall back to those 4000 pounds.

 

1. She will be seeing a doctor from xxx privately to assess her but I reckon a judge might be more interested in an NHS doctor rather than a doctor from an interested party?

 

2. What can we do in regards to xxx making us think we could get at least 4000 pounds and now they are implying we can come out empty handed?

 

3. Any other advice regarding the situation in general will be appreciated

 

I will just add that the reason my partner was injured is that she grabbed the falling lady and saved her from rolling down the stairs.

And that my partner is truly injured. It took her 2 weeks to admit that she's incontinent because of the shame.

Edited by honeybee13
Name of law firm removed

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what does your contract with xxx say? Are you able to withdraw from it and what happens if you do?

Edited by honeybee13
Law firm name removed

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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I've removed the name of the law firm from previous posts as CAG doesn't advertise.

 

 

HB


Illegitimi non carborundum

 

 

 

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Sorry, I was actually encouraged, on a different issue, to actually name the companies I am dealing with. I will make sure to avoid name dropping unless instructed so.

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We can withdraw from the case at any time without fees.

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ok. So, currently no medical evidence

 

 

What training did she get?

 

 

What risk assessment was in place?

 

 

Did she get sick pay?

 

 

Is she back at work?


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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My partner is a carer. She has been sent to work for a lady who wasn't equipped with the correct device to keep her upright. She fell on my partner and my partner suffered a back injury leading to incontinence, pain and time off work.

 

We took the case with xxx LLP, who wrote a letter to the employer and got a response, offering 4000 pounds as final settlement.

xxx advised us to reject that offer, saying, over the phone, that we can always fall back on the 4000, but they believe we can get much more.

 

Since then, my partner has been to Royal Berkshire Hospital, where the doctor said he doesn't see any injury and any pain she might have is a result of earlier injury. Her incontinence might be an infection (totally rubbish).

 

Now it feels like the case might fall through, as the doctors do not want to confirm her injury and we see the 4000 pounds as a better-than-nothing solution.

However, when we WROTE to xxx, they said the offer is off the table and we can't fall back to those 4000 pounds.

 

1. She will be seeing a doctor from xxx privately to assess her but I reckon a judge might be more interested in an NHS doctor rather than a doctor from an interested party?

 

2. What can we do in regards to xxx making us think we could get at least 4000 pounds and now they are implying we can come out empty handed?

 

3. Any other advice regarding the situation in general will be appreciated

 

I will just add that the reason my partner was injured is that she grabbed the falling lady and saved her from rolling down the stairs.

And that my partner is truly injured. It took her 2 weeks to admit that she's incontinent because of the shame.

 

 

1) The Court will place more weight on a medico-legal report from a medical expert instructed by your solicitor.

 

2) Was the off made by way of "Part 36"? As for the advice given, we'd need to see the advice you got from your solicitor.

 

3) Call your solicitor and ask them everything you've asked here. They're you're solicitors and I imagine you're paying them at least 25% of your settlement so use the qualified legal professionals you're paying for.

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1. She's a senior carer with all the qualifications and certificates. She is trained to operate all moving and handling equipment

 

2. She has actually proactively assessed the risk and informed: the care company, occupation therapist, the head nurse and the family - in writing, that the woman is not equipped to walk on her own in the current setting. She has a written statement from other carers who said they will not work for that lady because she's at risk of collapsing any moment.

I believe there may be some form of agreement from the official people (OT, care company...) that the equipment is not suitable but I am not sure of this documentation.

 

3. She did not receive statutory sick pay. As a matter of fact, the care company were very quick to deduct 200 pounds for uniform, which we got back by threatening with ACAS

 

4. She is only able to do light work such as baby-sitting. And she does that 2 days per week.

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2. She has actually proactively assessed the risk and informed: the care company, occupation therapist, the head nurse and the family - in writing, that the woman is not equipped to walk on her own in the current setting. She has a written statement from other carers who said they will not work for that lady because she's at risk of collapsing any moment.

I believe there may be some form of agreement from the official people (OT, care company...) that the equipment is not suitable but I am not sure of this documentation.

 

 

Your difficuty is that despite being fully trained, and having undertaken the risk assessment herself, she has then proceeded to do the work. This puts her on very shaky ground.


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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I see your point. I hope our legal help can get this covered somehow.

 

Speaking of that legal help, any way to get some traction regarding their earlier verbal promise that we can get those 4000 guaranteed, or more?

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I see your point. I hope our legal help can get this covered somehow.

 

Speaking of that legal help, any way to get some traction regarding their earlier verbal promise that we can get those 4000 guaranteed, or more?

 

 

It was a verbal promise, did you record it?

 

 

HB


Illegitimi non carborundum

 

 

 

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I see your point. I hope our legal help can get this covered somehow.

 

Speaking of that legal help, any way to get some traction regarding their earlier verbal promise that we can get those 4000 guaranteed, or more?

 

I very much doubt it was a "promise."

 

Did you not get anything in writing from your solicitor?

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ok maybe they didn't say "we promise" but, while my partner isn't seasoned in legal practice, I believe that she understood correctly some form of explicit verbal assurance that the "4000" offer is live, not off the table.

 

We got a lot in writing but not that.

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That's the thing about offers, they can be time limited or withdrawn.

 

You really need to discuss this with your solicitor.

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I can't see a strong case; so I woud probably go along with the solicitor's doctor, and see if they can make a case. I wouldn't count on much coming from it, though.


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 was prob a offer to settle as cheaper than cost of defending or involving insurance.

They prob feel they are not at fault but was cheapest way out.

Now, after refusing offer, they have likely informed insurance company and insurance company will fight it now.

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It was prob a offer to settle as cheaper than cost of defending or involving insurance.

They prob feel they are not at fault but was cheapest way out.

Now, after refusing offer, they have likely informed insurance company and insurance company will fight it now.

 

I would agree. They may come back at a later stage, but the offer could go up - or down. There is never any way of predicting this.

 

On the issue of the NHS doctor - all medical opinion would receive equal weight in a court, assuming it came from someone qualified to deliver it. But what you would not be able to do, if the solicitor now got their own medical advice, would be to hide the opinion of the NHS medical practitioners. That would always form part of the evidence; and, in fact, depending on circumstances, the opposing side may already have copies, as litigation requires disclosure of such things.

 

But on a very basic point, an offer is an offer. Not a guarantee. And the lawyers advice is advice - you make the decision. The chances of demonstrating that this is the fault of the lawyer is negligible- and that is assuming that you had evidence, and that it was ironclad. I'd lay bets that it wasn't the latter, as lawyers seldom speak in certainties. They'll have said something conditional in the conversation - you just won't have heard it that way.

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Hi again, there's some progress: The other doctor that the lawyers told her to visit actually agrees that the injury is significant for a claim.

The lawyers still said it's still not favourable, if we have a 50/50 distribution about this.

 

The lawyers have given us some advice that I find weird and I think only you could help me understand (lawyers did not elaborate for us).

Basically, they said that we should now make a "interim claim" of 1000 pounds from the insurer. This means we claim 1000 pounds now but reserve the right to claim more once we get more evidence.

 

My question is (I am trying to understand the motives of each party): why would an insurer agree to an interim claim? If the the insured party is in the right, then the insurer is not motivated to accept any claim. If the insurer feels the claim has a chance, they would look to settle.

But why would anyone agree to pay some money now, without settling the claim finally?

 

Perhaps paying an interim claim makes the insured party appear more favourably at the court?

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Can you just confirm if liability for the accident is admitted by the other side's insurer?

 

The interim payment request could for for a couple of reasons. Either the Claimant needs further medical investigations or examinations etc and the money is to tide them over for now.

 

Or it's a tactic from the solicitors to get more costs if the interim payment is contested or paid late.

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yes, the insurer admitted liability.

I will re-check with the solicitors about their costs. I am pretty sure we agreed on a fixed percentage (25%) of the total settlement.

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yes, the insurer admitted liability.

I will re-check with the solicitors about their costs. I am pretty sure we agreed on a fixed percentage (25%) of the total settlement.

 

 

No, I meant the costs they get from the other side. Not the costs from their client.

 

It's not an unusual course of action to be honest. Pretty standard.

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This should open the topic


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