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Su0906

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  1. No, not in a union and no it won't cost me a lot of money as will self represent but want to make sure have explored all options available.
  2. Does anyone know of any genuine employment lawyers that will do a FREE assessment for no win no fee. All the websites offering this always want an assessment fee which totally goes against the principle of no win no fee! I do however need help as I have a five day final hearing coming up in February.
  3. Hi, Background My claim is indirection sex discrimination and constructive dismissal. My employer requested I change my hours from part time to full time for the needs of the business. I advised I could not do this due to my child care commitments. Verbally my employer suggested a settlement agreement and proceeded to advertise my job. The settlement agreement was never forthcoming so I instructed a solicitor to protect my employment position, the majority of the WP letter from my solicitor deals with concerns of the way I was being treated with one final para suggesting a settlement. The numerous responses from my employer were not marked "WP" and did not deal with any suggestions as to how to resolve the situation but merely were aggressive and full of denials. The Respondent is ascertaining within their defence that I never requested a job share which is why it was not considered. The correspondence between my solicitor and my employer clearly shows this is not the case as job sharing was requested on numerous times and ignored by the Respondent. I , on the advice of my solicitor at the time, also converted the majority of the text from my solicitors letter (excluding the one para about settlement) into a formal grievance from myself to my employer which the Respondent is also not agreeing to be included. The Respondent's grounds for reefusal are that the correspondence falls under pre termination negotiations under S111 but I would disagree with this as I was trying to keep my job and nowhere does the respondent refer or discuss my termination from the company so my view is that this correspondence was dealing with internal grievances that I wished to get resolved. I would also say that the employer has behaved improperly within the correspondence as it is intimidating and aggressive with absolutely no suggestion of resolving anything at all. Ironically, the Respondent refers to the above correspondence all the way through their particulars of response as a defence that they were dealing with the concerns under WP discussions but now do not want this correspondence included despite the fact they themselves are using them as their defence! Hope this helps.
  4. I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case.
  5. Are we all really sure to ignore it, Im very scared that I will end up with court costs as well. The company in question is County Parking Enforcement Agency for the Eastbourne District General Hospital. I know I didn't get this (and shouldnt they be able to provide me with a copy of the reminder after the ticket was issued) as I don't park in the car park I am totally against paying to park at a hospital, and always park outside the hopsital grounds.
  6. I am being chased for a parking invoice apparently issued to me at my local hospital back in 2007. I have written to the company advising that I never received this ticket and have had no correspondence at all in respect of it until now, 4 years later. I have asked for a copy of the ticket which they say they can't provide as they only keep digital records, they have no photo of it on my vehicle to prove it was correctly issued to my vehicle. I have suggested to them that have incorrectly recorded my registration details as I have no knowledge of this ticket. As they have also left it over 4 years I cannot now provide proof of my whereabouts at the time the alleged ticket was issued but do not believe I was at the hospital on this date and have advised that I never use the hospital car park but park on the road outside the hospital when ever I visit. They are now advising that I owe £150 and have 7 days before the issue a summons. Please advise whether they can do this without have any real proof that they ticket was issued to me and why haven't they sent letters nearer the time to enable me to prove I was elsewhere. Very stressed and worred by the whole thing. I don't see why I should have to pay £150 just on their word that they have given me a ticket.
  7. This is a point I would love to get legal interpretation of. I would think though even if bailiff costs can not be reclaimed without a sucessful levy and sale of items the term "authority" would be interpreted by a Judge as meaning their agents as well. Do you know of any instances where the council have been sucessful in enforcing bailiff fees once their liability has been settled. Is there any legal precedent for this.
  8. To Fair-Parking I have done some digging now and really unfortunately I think you are wrong that there is no provision in the liability order to pay bailiff's costs. Have a look at Council Tax (Administration and Enforcement) Regulations 1992 which govern liability orders. In particular I refer you to Section 45 (1) and (2) which specifically refers to costs incurred with distress under Schedule 5 (to the layman bailiff's costs). Let me know what you think as obviously you don't want to be giving out incorrect information to people as you have said you have advised many that bailiff costs are not recoverable - are you sure??? I really hope I'm wrong and your right.
  9. Thanks for that - I am surprised the liability order makes no reference to costs as is usual in the county court for enforcement of the debt but it seems you are correct. The council did tell me though that costs were included in the order is there any way of getting absolute clarification as if this is correct I certainly won't waste any more time on it and will be very relieved as it is only the costs I am disputing.
  10. Also in respect of my offer of payments I have offered £50.00 per month but am paying approximately £250.00 per month to unsecured lenders and the council tax office say I must renegotiate with the unsecured lenders and pay less to them and more to the council office and this is what I mean by having a negative effect on my credit rating for breach of their contracts. Is this correct?
  11. Hi, Thanks for the response. The ironic thing is that both myself and my husband work for a law firm but don't want to get them involved until we have to just for personal reasons - but will if we have too! When I referred to van fees what I meant is that the bailiffs turned up a year later than their first visit with a van - no previous levy had been made and have charged £150.00 for this visit. Cany they do this without a levy and a year on. Also you replied no to my question 5 but do you know the answer to my question 4. Cheers.
  12. Reading all the above posts is very interesting - especially Kermits input. I am in the position that I am very happy to pay my council tax arrears. What I am not prepared to pay is the bailiffs costs as they have not undertaken the correct procedure for serving of notices with the correct accompanying documentation. They have also lied and tried to intimidate and bully - see the article in Eastbourne Heralds papers about the bailiff I have dealt with in particular. I can howeve say that I have encountered one particular bailiff who was very helpful but unfortunately the same cannot be said about the majority. The general rule is that the bailiffs I have encountered have given me unprofessional and illegal advice and do not carrying out papework as required, therefore I am now making a formal complaint to the court for the removal of their certificate and loss of bond. I hope Kermitz does appreciate that whilst he may be on the level many in his profession are not and therefore the public cannot rely on the information they provide as reliable!
  13. In addition the particular charming bailiff I have had dealings with was named in last weeks Eastbourne Herald (just google rossendales and eastbourne herald for article). If anyone else has had problems and fancies make a joint complaint to the mags court to have his certificate removed then send me a private message.
  14. Hi, back again after a couple of months of still getting nowhere with the council and Rossendales they are still sending letter after letter. Can any one clarify with absolute legal certainty (not just opinions or probablies) the following points: 1. Can the bailiffs charge for a van attendance and associated fees if no levy has previously been made? 2. Can the council tax insist on higher repayments as council tax is a priority debt if you are paying payments to credit cards etc. I want to avoid paying less to my cards etc as this will obviously damage my credit rating as I will be in breach of the credit agreements if they take lower payments. 3. Can the bailiffs re-attend a property a 1 year later of the first attendance with no corresponence in between - is there any time frame they are regulated by? 4. Is the magistrates court liability order regarded as the same required notice of bailiffs attendance with van giving 14 days notice under Schedule 5? 5. If so, does the liability notice have to provide a break down of fees under Schedule 5 (and as stated in Section 5) to be legal? (the liability order itself does not include this information). I could really do with clarification on these points as I am preparing a case for unlawful charges and unprofessional behaviour to go to the mags court under the complaints procedure for the bailiffs bond.
  15. It is completely frustrating as it is one rule for us and one for them. If we want to prove we sent a letter we have to send it recorded delivery. but if they send a letter we just have to take their word for it. Anybody got any suggestions how to deal with this?
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