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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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suemo63

Discrimination Arising From Disability

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Hi I'm just wondering if anyone has ever been to County court with a service provider as they have gone against the Equality Act 2010. I'm just about to send 'letter before action'

 

Thanks

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Before sending an LBA to send them I would send an official letter asking for Reasonable Adjustments (i.e. Large Print) under the Equality Act

 

Have a look at this Equality Advisory & Support Service (EASS) link: http://www.equalityadvisoryservice.com/app/answers/list/kw/reasonable%20adjustments%20letter/search/1


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Hi thanks for reply,

it's not relating to anything from the past.

 

I was told to leave a service station with my Guide dog at the end of May as 'dogs are not allowed' the assistant said.

 

I explained he was a Guide dog and was told it didn't matter as her boss said 'no dogs.'

 

I contacted the MRH retail and they apologised but said it was a franchise and I'd need to contact owner.

They gave me an address and I send an official letter stating the Equality Act.

 

I got a reply but it wasn't satisfactory.

RNIB legal team have sent me info over.

 

However I've followed everything and he's not responding.

I have receipts of postage.

 

The last letter asked for confirmation of Disability awareness training for staff and future staff etc, covered by s.109 Equality Act.

Also asking to be compensated for injury to feelings.

 

I can show you letter if you'd like.

This has happened before there to me and I let it go but feel it's not acceptable the second time.

 

Thanks

Edited by dx100uk
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pers id go to the CEO on this

 

ceoemail.com

 

sz


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MRH retail have apologised and have agreed it’s wrong.

As it’s a franchise they have no liability.

 

They were really helpful, it is down to the man whose franchised it.

 

At the end of the day I think he’s hoping ignoring the letters I’ll go away.

I was just hoping someone in here may have actually put the Equality Act to the test!

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It could make a story for your local press.


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MRH retail have apologised and have agreed it’s wrong. As it’s a franchise they have no liability. They were really helpful, it is down to the man whose franchised it. At the end of the day I think he’s hoping ignoring the letters I’ll go away. I was just hoping someone in here may have actually put the Equality Act to the test!

 

 

I think a couple of our forum regulars could have comments for you, but this isn't a busy sub-forum and they aren't here every day. Please bear with us, I'm sure you'll have more comments. :)

 

 

 

HB


Illegitimi non carborundum

 

 

 

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I know I could put it in the press but it’s about what’s right not just publicity. Is there another forum this could maybe go in for advice please.

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Yes. The person who runs it is responsible for staff training/disputes etc.

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What outcome do you want from this? Change of policy? Compensation?

What have you asked for in your correspondence?

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi in the letter I have asked for proof of training for staff and future staff as s.109 in Equality Act.

 

S.M.

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I'm not sure that you're entitled to that information, and you're not likely to obtain it via court action. Under the Equality Act, you can ask for a declaration that discrimination has ocurred and/or damages - if you don't want either of those things, then legal action is not appropriate.

If you do want to issue proceedings, I can help you draft your letter before claim and the Particulars of Claim. I've never actually had to go to Court - not many companies will risk the publicity - and nor do I have any legal training, but I do have some personal experience in this area.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi I have left persons name blank for data protection. I've also had this information if RNIB legal team who gave me a template letter and these paragraphs are exceptable under the Equality Act. Does this clarify things any better?

 

I am sending this special delivery in the hope that you will respond. The recorded letters dated 15/6/2018 and the 3/7/2018 have not been signed for, also the one handed into the garage 12/7/2018 has not been answered.

 

I have sought advice from the RNIB Legal Right Service who have advised the following remedial actions:

 

1. Confirmation that you will arrange for Disability awareness training to take place for all existing (and future) staff - please also include the date by when this will be done. This is to ensure that all staff fully understand their legal obligations under the Equality Act. Currently there is a sign that allows Guide Dogs on the front door but staff are clearly not trained on or aware of the reasonable adjustment to this policy. As the owner, it is necessary that you carry out such steps to prevent discrimination like this from happening as you will be liable for the discriminatory actions of staff under s.109 of the Equality Act.

 

2. I also would like you to compensate me £300 for injury to feelings caused as a result of being told unlawfully to leave the shop by his staff member, in front of another member of the public. This was an extremely humiliating and upsetting experience for me at the time and continues to affect me.

 

I look forward to your response within 14 days. This is your final chance to sort this matter out as otherwise you give me no choice but to start court action.

 

Thanks

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bottom of Vento scale is £900 so a £300 settlement is very generous but I wonder if they know this?

Perhaps going back to MRH and getting them to put pressure on the franchisee is a route,

 

they cant say they wash their hands of the matter as they are responsible for making sure the franchise is conducted in a proper manner and I'm sure that would include obeying the law.

 

they wouldnt like the bad publicity regardless of what the local outlet thinks so a lot of leverage there if you do decide to use the courts.

name both parties as defendants and let them explain why they arent.

For example, the big double glazing co's franchise a lot of their operations but they are still liable for everything that goes wrong

Edited by dx100uk
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MRH say it's down to the person running the franchise. He's not picked up the Letter Before Action from post office. Can I still proceed as he's not responding at all now. Also apparently this would be frowned on by the court. I also sent a letter subject access request under the provisions in Section 7 of the Data Protection Act. Please supply me with all data you hold about me. Please ensure this includes copies of all CCTV coverage taken of me whilst I was in (the store), and all emails between, to or from your staff. Please comply with the requirement to respond to my Subject Access Request “promptly and in any case within” the long-stop of 40 calendar days.

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sar is now 30 days and free

and is backed by the new GDPR


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Thanks. Can anyone advise please whether I can move forward even though letters are being ignored?

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If the proposed defendant hasn't collected letters from the post office, hand deliver (or get someone else to do it for you) one to the business, take a photograph of it being handed over - it doesn't matter if it's the franchisee or a member of staff. Alternatively, if they have a letter box, take a photo of you posting the letter through it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi we hand delivered one earlier on but nothing from that. We can send copies of letters sent and proof of receipts with court form. Also this can be used as one of the reasons of taking it to court. Apparently it won’t look good that the defendant is not responding.

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Could you tell me what the bottom of bento svale is please? So are you saying £300 isn't possible?

 

In Purves vs Joydisc (2003), https://www.scotcourts.gov.uk/search-judgments/judgment?id=dd9287a6-8980-69d2-b500-ff0000d74aa7 , the judge said:

 

"I would therefore hold that the sum of £750 is the least that may nowadays be awarded for the very slightest injury to feelings, deserving of damages, which is caused by discrimination on the ground of disability."

 

Inflated since 2003, that makes approximately £1,200.00. I wouldn't accept damages less than that, though obviously up to you. Also judicial guidance on the Vento guidelines said that cases for "less serious cases" (including one-off incidents of discrimination) should attract between £800-£8,400. The guidelines are in PDF format only and are here: https://www.judiciary.uk/wp-content/uploads/2015/03/vento-bands-presidential-guidance-20170905.pdf I know they talk about Employment discrimination, but the Vento guidelines are also used for Services discrimination.

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