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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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    • We have finally managed to obtain the transcript of this case.

      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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Asbestos and the council??


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Nearly two years ago, we had a house fire. It was mostly contained to the kitchen. The kitchen ceiling already had a dip since 2005 which we had asked several times to be repaired. Because of the fire the ceiling got worse and we were left with a hole there. Again we asked for this to be repaired as there were also two children in the house. After a year and a half, someone from the council came out to take a sample of the ceiling. I asked the council worker what for, and he replied "its just a sample which is normal" but i had my doubts.

After another few months a company contracted for the council came to repair the ceiling, the kitchen was cleared and was covered off with blue protective material so stop anything going into other rooms (and also for us to see in) Also the van that they were using was not on the street or anywhere in site (i thought this odd as there was no way they could walk with all that equipment) we went out for the day, but before i went i asked "is there asbestos up there" and was told there was only a small amount. When we returned we saw their van which had asbestos removal service on the side. (obviously they hid the van so we could not see) and the person who was looking after the house while we were out saw them taking big rolls of asbestos out the house to the van. Now surely we should have been warned that we had asbestos in an open hole in the ceiling especially with two children in the house. And they blatantly lied, we also ahd to pay full rent when there was a massive hole in the ceiling. What can we do about this? Any help much appreciated.

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depends on the type of asbestos to the health risks there is several kinds and only one or two of these pose a proper health risk and only once they are broken and the particles becom airborn. Is the person 100% sure that the 'big rolls' that were removed were asbestos? With workers health they have to take every precaution so whilst they may be covered head to foot, with respirators the risk may be minimal or non existant.

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As blacksheep says, asbestos is only dangerous if the fibres get into the air, usually through it being broken, or if it's lying around, being kicked/trodden on. That's why you can keep up an asbestos-impregnated shed you've already got, but if you want it dismantled, the council has to come around and do it. I would definitely be asking some questions of the council though, as to why you were never explicitly told that the ceiling presented a possible hazard - I've found the general number for the Health and Safety Executive's Office, 0845 345 0055, and they take inquiries of this kind, but really, if the asbestos removed was intact, and the room was sealed off as it seemed to be during removal, your family should be more than safe.

 

(My qualifications? Being a dedicated urbexer, there's asbestos all over the old asylums and houses I visit, and I'm not dead yet :) )

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It's not a hazard unless it's disturbed. Were you planning on taking your kitchen ceiling apart yourself? I'm being devil's advocate (council) here; I sympathise with your worries but it's really not a problem unless it's interfered with. I think that you should have been advised that there was asbestos, just in case you were planning on any major renovation, but if you were the council would have removed it for freee then anyway.

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It's not a hazard unless it's disturbed. Were you planning on taking your kitchen ceiling apart yourself? I'm being devil's advocate (council) here; I sympathise with your worries but it's really not a problem unless it's interfered with. I think that you should have been advised that there was asbestos, just in case you were planning on any major renovation, but if you were the council would have removed it for freee then anyway.[/quote

 

A couple of years ago I attended an Asbestos awerness course as part of the work I do.

 

When the very word asbestos is mentioned there is always a degree alarm involved.

 

Asbestos comes in a variety of forms some a serious health hazard but most have an insignificant health hazard.

 

A scale of hazard is usualy based on the colour of the asbestos.

Blue Asbestos being the most hazardous ( with a direct link to mesothelioma)

 

Ranging down to white Asbestos with an insignificant risk to health.

 

Its important to verify the type of asbestos that was removed from your property and the length of exposure of its airborne state ie was it removed from cielings or walls.

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  • 4 months later...

Hello all 0/. This is my first post and as you can tell from my tag I'm mainly interested in asbestos. There does seem to be an undue amount of worry about asbestos but that isn't to say there is nothing to worry about. I've seen the asbestos removal industry blamed for creating hysteria but check out the response from the National Union of Teachers: Teachers sue over fears of asbestos dust in schools - Thames Laboratories

and

NUT calls for action on asbestos in schools - Thames Laboratories

 

Anyway - simonjohn is right about establishing the type of asbestos before you start to panic. Information-wise I've always found this site very helpful (hence the above links) Asbestos Surveys - Asbestos Consultants -Thames Laboratories. They have pretty regular news and a forum (they could do with monitoring it better but posts do get a reply eventually). Plus there's the HSE Information about health and safety at work (follow link use the search box to find asbestos info)

 

NB: I've just checked the Thames Laboratories site and news search doesn't work properly. The results come up but the links don't work. You can see the news article id number (bottom of you browser) if you hover over the link - if you do the same on the news pages you can find the story your after pretty quickly but this is still annoying :(

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Pete if you are now aware you may have been exposed to any type of asbestos you must seek legal advice now. If, God forbid, you or a member of your family are found later to have plural plaks on the lungs then if 3 years have passed you may be too late to seek compensation.

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As No I'm not but the original ruling was, like much else that goes before the High Court these days, very bad law & contrary to all that had gone before

 

I'm suggesting that anyone knowingly exposed to asbestos should submit a claim now in order that they don't fall foul of the Statute of Limitations 3 year limit on personal injury claims

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  • 2 months later...

You have 3 years to make a claim so yes, just make sure you do the background work, check what type of asbestos it was and what the risk associated with it was. Also try and contact the an environmental health department from yours or another council.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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