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mystic_bertie

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  1. Hi there i have received a letter from the court today regarding the eviction, please have a look when you have a moment and see if i have to respond in any way Many thanks. 2023-11-08 Court Accelerated procedure Order For Possession.pdf
  2. @unclebulgaria67 many thanks for your reply. I am not a member of a union im afraid. I dont have anyone i trust to attend with me ,its a very small place and i dont think anyone would back me up in any way. There is 1 person i know who i could request to attend, it may be just as a witness if nothing else. I would not trust home to take my side over the company's. Getting another fit note is a good idea but i cant afford to lose more money. @Bazooka Boo Many thanks for your reply. I will give Acas a call on Monday i did not they could help with employment matters. I do feel that i am about to lose my job this situation just makes me feel very uneasy. Ill read up on their website too
  3. Good afternoon. I am currently off work due to mental health problems and stress, i am coming to the end of my 3rd week. I am having to return to work next week as i am only getting half pay now and i cant afford to lose more money, i'm not ready to go back but i have to. I have an appointment with a psychiatrist on Monday also. My manager and h.r have issued me with a letter regarding a disciplinary hearing on wed 15th oct. It looks like revenge for taking time off due to mental health issues. This could have been dealt with when i was at work but my manager has chosen to give me more stress and issue me with a disciplinary meeting. Part of my condition is i explode and react badly to stressful situations, occasionally i can end up being verbally abusive. Im hoping with help and medication it will be a calmer individual. Most of the time i am fine and its better if i get no stress at work but im finding that impossible. Incident 1 was in the factory and around 2 months ago. Another employee was whistling very loudly first thing in the morning, i asked him to stop as he was being very annoying, he ended up doing it more often and more loudly, even the manager noticed his silly behaviour. I called him an annoying C to his face, i later spoke to my manager about his annoying whistling and nothing was mentioned about by use of the C word. This was maybe 2 months ago and now i am being disciplined for what i said to him. Im originally from Scotland and the C word is used differently there, its an everyday word and most people don't get offended by it in the workplace. At a recent job in Bristol, the english guys there enjoyed being called the C word as part of the banter. So i don't find it offensive but i understand some do. This incident is related to my mental health. The other incidents happened out of the factory and outside of working hours. I am a machine operator and work in a factory so i fail to see how the following incident is worthy of discipline. Incident 2 Our factory is a small unit in a small gated industrial estate. We have to drive around these dangerous idiots from the other factory who are sometimes there loading a truck unsafely, also its outwith their loading bays and close to the entrance/ exit. Myself and other workers have nearly run over one of the men loading the truck. I nearly run the same man over twice because he walked in front of my car without looking, the same man nearly hit my car with the forklift. Needless to say i got out my car a few times and i was verbally abusive and raging. Because my manager has no backbone and cant get them to stop this unsafe behaviour, i have ended up parking outside the gates to avoid future problems. I think my manager should have sorted this problem out but instead i am being disciplined for my outbursts towards the other workers from the other factory. As this is out of hours can they really discipline me for this? I questioned the hr woman by email as to how this complaint is valid if it was not within the factory nor within working hours. Below is her reply. The relevant sections are in red bold. ----------------------- It is held within the code of conduct that all employees must adhere to as per clause 7 of your contract of employment. Please see the statements (4 and 5) in the code of conduct that was also enclosed in the letter to you. This also covers the incident relating to using profanities towards a colleague as I explained on the telephone. I have highlighted statements that prohibit the behaviour for both incidences for convenience. 4. Ethical Conduct xxxxxxxxxxxxxxxxx culture provides the foundation for ethical conduct and behaviour by employees, agents and consultants. xxxxxxxxxxxxxxx will: · Maintain good corporate governance and adhere to all applicable laws and regulations; · Promote and enforce a work environment free from harassment or discrimination where individuals are treated with respect and dignity; · Provide a safe and healthy workplace, emphasising good housekeeping and compliance with applicable laws; and · Respect our employees’ commitments and responsibilities to their families and communities. Guidelines:All, employees, agents and consultants of xxxxxxxxxxxxxxxxxxxxxx will: · Uphold and comply with xxxxxxxxxxxxxxxxxxxxxxx policies & procedures and culture; · Strive for their personal success and that of their team and the entire Company; · Ensure that all information provided in all reports and documents for internal use and external audiences, including individual expense reports, will be complete, accurate, honest and timely; · Deal honestly and fairly with our customers, suppliers, competitors, and regulatory bodies; and · Protect the Company’s assets and use them efficiently and only for Company purposes. Strictly Prohibited Behaviour: All xxxxxxxxxxxxxxxxxxx representatives, and any visitors to the Company’s premises, are strictly prohibited from the following acts: · Threat or actual use of violence or intimidation in the workplace; · Wilful destruction of Company property or an individual’s personal property; and · Use, possession or being under the influence of illicit substances while on duty or on Company premises. Each xxxxxxxxxxxxxxxxxxxx employee, agent and consultant is accountable for observing rules of conduct that are normally accepted in a company. They shall give precedence to ethical principles and obligations in their decisions and actions. They shall respect all ethical obligations deriving from applicable laws, acts and regulations and shall not condone unethical conduct. Employees must be able to offer the full and complete performance of their work done on behalf of xxxxxxxxxxxxxxxxxxxxxx, whether on the Company’s premises or offsite, as well as during any period when they must be available for the Company (which specifically includes periods when they must remain available on call). This implies that employees must not be impaired by alcohol, drugs or medications when they are doing their work. 5. Respectful behaviour Employees, agents, consultants will deal with business partners, clients, suppliers and other parties with integrity, respect, courtesy, moderation and without undue aggressiveness or negativity. They will deal with their colleagues fairly, with integrity, respect, politeness and without negative prejudices, and will avoid any abuse of power. Representatives will refrain from making disparaging or discriminatory comments, innuendos, or gossip and from taking unfair advantage of others through manipulation, misrepresentation or other unfair practices. Any remarks made by the representatives must not be defamatory or hateful toward the Company or one of its representatives; such acts could be considered wrongful or criminal acts. With regards to your mental health, I have attended mental health awareness training so if you require any accessibility support, please do let me know. Thank you and should you have any questions, please let me know.
  4. @jk2054 Hi, it looks like you get one chance to submit everything and that's what i did today, you can add further evidence if required but im sure everything has been covered.
  5. @jk2054 hi there. I got the undisputed amount paid into my bank today £934. Thankfully they dont hold on to the full amount during the dispute. Claim start date - 20/10/2023 Evidence deadline date - 16/11/2023 Estimated decision deadline date - 22/12/2023
  6. @jk2054 good afternoon and many thanks for your reply. I have done as you suggested and limited the text to 1000 characters, i also included the text you wrote for me. The full explanation is on a word doc, i included the full rules of section 21, i attached the pics from the move in report, i attached my own move in pics which include the thick cobwebs and the filth on the cooker. Many thanks for your help you have been wonderful and patient with me . Lets hope the DPs find things in my favour
  7. @jk2054 Thanks for your reply and good afternoon. The DPS limit you to 500 characters per item at the initial response section, they do not make it obvious that i will get a chance to respond in more detail later on. Now they have given me a chance to submit more evidence but its restricted to 1000 characters. See attachment. It lets me upload a document,, should i send my full response in a document format? dps1.pdf
  8. @jk2054 500 for the cleaning claim then 500 for the sink claim.. I just got an email to say i would receive the undisputed amount into my account. I'm assuming that's how they work while the rest is disputed. They dont tell you this though.
  9. @jk2054 thanks for your reply and taking the time to write this for me. I read over it and im delighted with it. I think its very well written and raises a few relevant points to challe nge them on. I will go to the site now and submit this. Thanks a billion for your help and lets hope it has the desired effect on the DPS.
  10. Thanks for your reply. Its unreal the crap we have to deal with because of these idiots, yes we are at similar parts of the journey and getting threats of going to court in the hope we will pay up. Thankfully the team here can guide us through this. The help and advise is amazing.
  11. @jk2054Good afternoon and thanks for looking over them. Claim start date: 20/10/2023. I look forward to hearing from you later Should i send a reminder email to the letting agent regarding the N279 even though he told me they are no longer involved with the legal process?
  12. @jk2054 Thanks for your reply. ill wait for the N180 and report back @Nicky Boy Many thanks for your reply. I have attached pics of the mcol website, there does not appear to be any new updates. @dx100uk many thanks for your reply and information mcol says: ~ A claim was issued against you on 24/08/ 2023 ~ Your acknowledgment of service was submitted on 04/ 09/ 20 23 at 20 : 15:58 ~ Your acknowledgment of service was received on 05/09/ 2023 at 08 :05:23 ~ Your defence was submitted on 21/09/ 2023 at Ll :46 :21 ~ Your defence was received on 22/09/ 2023 at 08:05: 18
  13. @jk2054 Good afternoon. I hope you are well. I have written something to use as my defence against their claims. Its mostly based on what you wrote already as that was quite well worded. This is the truth and i made my property manager and the lettings manager know of my problems when i moved into this house. It certainly was not clean. Overall the house was handed back in a cleaner state. The cooker was the worst item and i have pics of it, it was passed off, big cobwebs in the hall ceiling which were passed off, the insides of the kitchen cupboards were grubby, the whole house had a thick layer of dust on every surface, the inspector did not do a very good job and i told her that too her face when i left. Im not sure if its worth mentioning any of this in my statements. Please see attached pics, i was too stressed to take more pics and its impossible to get pics of thick dust on white surfaces. ---------------------------------------------------------- deduction 1: carpet - the stains were already there after a professional clean when i moved in, and have only worsened, however the amount they claim for a professional clean is unreasonable given the stain didn't come out when it was professionally cleaned before. There is also an oil stain which did not come out when they professionally cleaned it. I had to live with a grubby carpet while i was staying there. The move in inspection pictures have no date stamp, can these be legally used to make a claim against me, i have no idea when these pictures were taken. The move in pictures are very poor quality and its very difficult to judge the true condition of the carpet. That's If their claim is even still valid. The carpet area they are claiming for could easily be spot cleaned within 10 minutes, using a scrubbing brush, some warm soapy water and a towel. I think the £80 is excessive and shows signs of a landlord who tries it on with every tenant to slow down their deposit and scam money from them. deduction 2: sink - There are light marks to sink marked in the check in report, this combined with general wear and tear of an enamel sink would result in the wear and scratches noted. The move in inspection pictures have no date stamp so can these be legally used to make a claim against me, i have no idea when these pictures were taken. The move in pictures are very poor quality and its very difficult to judge the true condition of the sink. Even If there claim is even still valid. The sink had lost its gloss protection when i moved in, it is only likely to deteriorate through day to day use which is out of my control. I also doubt that the landlord will replace the sink as the house is being put up for sale. I used a basin all the time also, even this did not stop the natural deterioration of an enamel sink. Can the claimant even prove the cost of the sink replacement? Also how did they come to a nice round £50 and not £49 and not £51 and so on. its like a figure pulled out of fresh air along with the cost of the sink replacement. Deduction 3 -accept the underpayment of rent. my personal move in pics.pdf
  14. good afternoon guys. Today i received a letter from DCB Legal telling me their client is going ahead with the proceedings. I have attached the letter for you to browse when you have a moment. Thanks guys. dcb legal 27-10-23.pdf
  15. @jk2054 One of the 2 landlord's name is on the claim form. I have no way of contacting them and from what i know they are in the states.
  16. @jk2054 Thanks for your reply. Milburys are the letting agent and i have no idea of their involvement in the legal side of things. They served the section 21 notice by mail and by email. Star Legal Limited (Clifton) were the lawyers involved. I have no idea about the CNBC, i sent my defence to the Bristol court and a copy to the lawyers i just mentioned.
  17. @jk2054 hi there, more info from the letting agent who are Milburys. I have been in contact with the solicitor, and he has suggest that as we have possession back and as he haven’t not been instructed to press for costs we just wait and see what the court now does. Milburys consider this matter closed and we will not enter into any further correspondences on this matter.
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