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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Impossible Work Situation Covid-9


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Hi, I realise that everyone is making it up as we go along due to the uncertainty even the government; however I wanted a second opinion on my situation just to check I'm not throwing "an Elton John hissyfit" about it please:

 

I work as a sub-contractor to the NHS, I and my fellow drivers move between the sensitive restricted areas of up to 30 hospitals in London every day delivering critical equipment. We had a meeting with senior management yesterday to throw light on this Covid-9 situation. Usual corporate platitudes and smiling faces/dead eyes BS. When it came to our turn to ask questions we asked what we should do if we felt we needed to self-isolate, would we still be paid, or could we be "furloughed" for the next few months?

 

No. If we think we are ill, or must care for a family member who is, then we must self-isolate and claim the SSP of £94pw because if you can't work your shift you won't get paid.

We are family men, we cannot afford to live on £94pw, so when we said you are basically forcing us to turn up sick and drive around the most vulnerable places in hospitals because the alternative is starvation and debt..?

 

"So be it, it's company policy. We are not changing company policy. We will not furlough you to get the 80% govt, wage either"

 

So there you go! When asked what PPE we could expect? 

 

None. Use the van wet-wipes and hand sanitizer.

 

Both are empty and they haven't ordered any more due to suppliers running out!

 

Nice! Hope to see you and your vulnerable relatives REAL soon as I pass you on the wards!

 

Any advice on what I can do about this. I thought about "whistleblowing to the NHS" but I'll lose my job for gross misconduct long before anything happens in the bloated beast.

 

I'm trying to sound light-hearted with my post, but if you actually saw what I, and my fellow drivers were doing each day, you would be truly scared. However, £94 SSP is not an option despite many of us already showing symptoms.

 

Help.

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Please would you send an email in confidence to our admin email address and some contact details. Completely in confidence – don't worry

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No I'm sorry, I'm not comfortable doing that. This is a social media forum. I've no idea who you are. I don't mean any disrespect by that, but it's already in hand with Guardian who have encrypted sophisticated "whistleblowing" software embedded in their site.

 

A friend recommended me this site as being the best "amateur" advice available, so I was hoping I could get some opinions on options I might not have thought of, as I know nothing about employment law.

 

Basically, I'm not going to put patients at risk so I'd rather live on £94 SSP if it came to it, than say to much, get sacked for gross misconduct and have to live on JSA £74 with bad reference!!!!

 

Trust you understand mate.

 

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Are you in a union, and do they have a health and safety rep?

Have you asked for the current risk assessment for your job?

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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None of us are in a union unfortunately, and I've read around enough to realise that we left it too late to join "in the middle" of this.

 

We are all good people, we want to do the best we can for the hospitals we serve, but we cannot self-isolate for £94 and not have massive long term detriment to our loved ones. It's a tough call. I'm just looking for advice on how to morally handle it.

 

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3 minutes ago, nhyess said:

(RE: have I asked for a current risk assessment of the job) - you are surely worldy-wise enough to know where that will get me?

 

I very much doubt your situation will change. I have no magic way of making bosses more reasonable. 

 

If, however, you want to take action after the event, you need to have jumped through the hoops. And sometimes the knowledge that you are going through the hoops can make them *a little* more reasonable. Such as, submitting a formal, written grievance, when there is no risk assessment in place.

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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Ah, apologies, my misunderstanding. There is and has been a risk assessment in place, especially due to our status as working in sensitive areas of the NHS. It has not been reviewed in light of the Covid crisis. (But that's almost fair enough as it's only been going on for a few weeks).

 

If I were to ask for a new one, I would get torn a new one.

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2 minutes ago, nhyess said:

Ah, apologies, my misunderstanding. There is and has been a risk assessment in place, especially due to our status as working in sensitive areas of the NHS. It has not been reviewed in light of the Covid crisis. (But that's almost fair enough as it's only been going on for a few weeks).

 

If I were to ask for a new one, I would get torn a new one.

Ok.

 

But nothing will change unless you change. I can't tell you how to make a situation better through inaction.

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 guess I'm only here really to get opinions on what you would do in my shoes as management aren't listening and I know full-well my options.

Would you continue to travel around the hospitals with no PPE and a bad cough to get roughly £480pw

Would you self-isolate and claim SSP £94pw

Would you take a moral King Arthur swipe at management and end up with no job due to being totally replaceable, and a gross misconduct note on any future reference, meanwhile £74 job seeker's allowance?

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I would do none of the above. Because I want an actual result.

 

I would ask for the new risk assessment, and take it from there. Because that's the only route that a) may make them think and b) starts building my evidence for an unfair or constructive dismissal case later.

 

It is entirely possible to have a conversation which is not a "King Arthur Swipe", whatever that is. I don't believe he fell on his own sword, anyway - did he? I certainly would not commit GMC! Starting with aggression, will get you aggression back. Joint problem solving tends to work better.

 

 

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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Thanks Emmzi, you've clearly never been in a minimum wage position to understand the difference between what "should" happen, and what does actually happen in real life!! 

I can see that coming through with your well-meaning responses to other posts on this site. So, I thank you for your response. I'll take it under advisement. 

(PS, my king arthur reference was about being an honorable man who does the right thing. In the real world the little man gets stiffed for such antiquated notions.)

Does anyone else here have any hands-on immediate useful advice please? 

I can't leave my job tomorrow on what "should happen" because someone on the internet said it.

 

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I don't think there's much else to say

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Got this very nice email from @nhyess

 

Quote

image.thumb.png.0d83a4f4ae6dc75122f485afe3198440.png

 

What I don't understand is how does he know all this personal information about me? How on earth did he find out – has someone been gossiping again?

This kind of information is meant to be confidential.

 

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