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    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
    • Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?
    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
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Industrial Deafness claim +3yrs since event now - cant claim?


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I'm hoping someone can help.

 

My husband was diagnosed with tinnitus in December.

 

He's worked in factories for years.

 

He had a hearing test in 2011 with present firm.

 

He had slight deafness.

 

It only became mandatory to wear ear protection in his firm 12 months ago.

 

He rang about industrial deafness but was told no by someone as more than 3 years ago.

 

Can someone clarify please? 

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  • dx100uk changed the title to Industrial Deafness claim +3yrs since event now - cant claim?

There are time limits to claims, dating from the point at which there is an alleged diagnosis - in your case it would be 2011, and you would now be massively out of time as you knew in 2011 that he was being affected by hearing loss. However, it is also not so simple as "working in factory" = "deafness caused by employment". 

 

I presume whoever told you this was a lawyer specialising in such claims? In which case the obvious answer is to get a second opinion, although I suspect that what your have been told is the correct answer.

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He can’t sue for any injury present in 2011, as he is out of time.

claims for personal injury are subject to (for an adult, competent to start their own legal action / ask a solicitor to start it for them) a 3 year statute bar from the date of ‘cause of action’ (or ‘constructive knowledge’ of it).

 

what he should consider is asking if he should be getting another hearing test, and seeing if he can demonstrate deterioration since 2011, and see if he can claim for any he can show is more likely than not to have occurred within the last 3 years, that the firm should have guarded against, but didn’t .....

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15 hours ago, BazzaS said:

He can’t sue for any injury present in 2011, as he is out of time.

claims for personal injury are subject to (for an adult, competent to start their own legal action / ask a solicitor to start it for them) a 3 year statute bar from the date of ‘cause of action’ (or ‘constructive knowledge’ of it).

 

what he should consider is asking if he should be getting another hearing test, and seeing if he can demonstrate deterioration since 2011, and see if he can claim for any he can show is more likely than not to have occurred within the last 3 years, that the firm should have guarded against, but didn’t .....

 

Thanks.

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you have 6 years to start a civil action but thsi case isnt that simple, tinnitus has may causes and trying to claim it as an industrial injury is a tricky one.

so, if you are saying hearing was OK in 2011 but has detiorated since the and companmy knew about this becasue they started to isses ear defenders then your cause for action would date to a year ago.

Yiu will need expert opinion on cause though

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6 years is the statute bar limit for simple actions in contract law.

For personal injury / clinical negligence the statute bar limit is 3 years (from age of majority / actual or “constructive” knowledge of the cause of action)

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