Jump to content

whitelist

Registered Users

Change your profile picture
  • Posts

    239
  • Joined

  • Last visited

Posts posted by whitelist

  1. There are no legal fees at an employment tribunal or litigant in person's costs unless the claim is vexatious or contrary to the direction of the court. Normally, the presiding judge will infer if you have a case or not in continuing. 8% interest is only paid as previously stated post judgement if the defendant fails to pay any monetary award.

    Might I suggest you seek advice for the CAB or local community law centre?

    Remember, an Employment Tribunal is a court of law the same as Magistrates/Crown court with legal procedure and you need some basic legal knowledge how to conduct a claim. The court will not help or advise you and can only go on the evidence presented. You will have a trained professional with the respondent.

  2. Can I ask how you were not timed out with an employment tribunal if you have been in dispute for six months?

    The reason why I ask is that recently submitted a claim in the county court for unpaid wages as was timed out a claim with the tribunal service? You only have three months to submit the claim from the cause of action.

    There are no costs awards at an employment tribunal, let alone statutory interest.

    You have to do something really dumb to end up with a costs order such as refusing to follow court directions.

  3. Have to agree with the above. 

    Looks to me all you sent back is officially reporting the accident, so the Local Authority will do a root cause analysis.

    Very much doubt it has gone further than the health and safety officer.

     

    And as stated above, to claim, you will need to prove liability. That means negligence in that was the accident foreseeable through the conduct of the leisure centre?

     

  4.  

    Just looking for confirmation and should have been more clear in my original post.

    Claim has been acknowledged, but no defence submitted, and the clock ends on Tuesday.

    Was under the impression if no defence has been submitted within the 14 +14+5 days ,default judgement can be requested?

     

    CPR 16(5) states:

     Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

     

  5. Have taken out a claim in the County Court with breaches in a contract of employment and failure to pay sums when due.

    Unable to use the Employment Tribunal Service as timed out with the grievance procedure.

    It is 14 days to acknowledge the claim, and a further 14 days to admit or submit a defence with five days for service. (33 days total)

    What happens if the respondent acknowledges with intention to defend, say, after the first 10 days after service?

    Do they still get the full 14 days to submit a defence and 33 days total, or less?

  6.  

    Was the Laptop purchased directly from HP or another retail unit? 

    Recently had an issue with a new HP Laptop purchased from Argos.

    Battery totally failed after two months, so returned to Argos. They gave me a number to call HP Technical support, who confirmed failure over the phone. Expecting it to go for repair, but they simply gave me a code to take back to Argos.

    Was given the option of an immediate refund onto my Argos card or walk out with a new identical laptop as an exchange with no issues what so ever.

  7. This saga never seems to have an end date.

    C.R.S. is now history, but JC1 has now instructed Creditlink Account Recovery Solutions (CARS) to collect on this account.

    Doing some research, it appears JCI now owns C.A..R.S. as its own in-house DCA?

    Thought this was statute barred, so confused. Good job to keep copies of my credit file for reference.

    The original default recorded on my credit file from JCI dropped off my credit file 15 March,

    BUT

    Looking at the closed accounts on my credit file found one from Virgin stating the default expires 10 July 2024, so two months to go so confused by the two different default dates.

    No worries, as will continue to ignore them. Silence is golden.

     

    What is your view of the two different default dates on my credit file,which take precedence

    The default from JCI which has dropped off my credit file or the one from Virgin with still two months left on it?

    just curious?

  8. Yes, you should have applied for an immediate strike out as soon as the deadline expired.

    Without the agreement, they are stuffed

    Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement. 

    That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.

  9. The first thing you need to do is for your father to send Argos customer services an email saying he wishes to return the item within the 14 day cooling-off period under the Consumer Rights Act 2015.

    This is important because he needs simple proof to back up his request, as they are being stubborn.

    Enclose a copy of receipt details so they can locate the sale,

    Distant selling regulations will apply as he made the contract online with the retailer and they took the payment.

    The contract is between your father and ARGOS.

    He has to cancel the contract and receive a refund back to his debit card.

    You cannot act on his behalf (Privity) as a third party and they have every right to refuse to deal with you if they so wish.

    Data Protection the number one issue.

    How you received the goods is irrelevant.

    A retailer's terms and conditions cannot derogate statutory obligation.

  10. Do not wish to sound negative, but you are saying the CCJ judgments were granted in 2023?

    Getting a CCJ set aside has to be done with haste after being granted.

    The court has discretion when the respondent became aware but unlikely to be in your favour.

    You have an obligation to inform your creditors if you move address.

     

    While the claim is active, the court grants a Tomlin order to suspend any further enforcement action while the claim is still live.

  11. Well, just returned from Cotswold Outdoor and had the usual wear and tear as a retort.

     

    Tell me how can you have a pair of trainers marketed for outdoor runners in all weather terrain not last six months before they fall apart?

    Anyway, decided to take sympathy on the manager as above his paygrade and got him to send them off to their warranty dept.

    Will update with their reply but feel as usual, a fight on my hands with Consumer Rights Act.

  12. September 2023 purchased a pair of Merrell trainers from Cotswold Outdoor at a cost of £150.25.
    This has been confirmed on my credit card statement.
     
    They guarantee their product for 12 months
     
    The trainers are starting to split and tear.
     
    Just sent an email to their UK customer services asking for a replacement.
     
    Will a better option be going back to the original shop for a replacement?
     
    Really do not need to get into any resistance with replacement excuses for whatever reason possibly given.
  13. 3 hours ago, just_jue said:

    I thought that the 'Yes car credit' agreements were all wrong legally as they used any deposit incorrectly and they had to refund all buyers or was that another company?

     
     
     

    You are correct. Back in 2017 had a well know Debt Collection Agency hound me for a Yes Car agreement from 1999, even though Statute Barred..

    They closed their collection on this debt as the agreement breached the Consumer Credit Act 1974.

    Basically, what Yes Car did to screw more money out of you was allocate any deposit made to the added insurances policies such as GAP, PPI, Nuclear fall out insurance etc and NOT taken off the original purchase price of the car. This made the agreement void as the total amount payable was misstated..

    Personally I believe this underhand sales tactics commission led was what brought the company to its knees.

    • I agree 1
×
×
  • Create New...