Showing results for tags 'hearing'.
-
Can someone please shed some light on this? I've previously lodged an incidental application to have this case sisted, but was instructed to file a defence. A date for proof was set, but now it seems that the pursuer are trying to discredit me (again, and moreso), but still fail to present any evidence to support their claim. I took delivery of this summons tonight, and the hearing on incidental application is tomorrow at 10am. Is there even any point in attending? -
I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer! -
Dear all. I am enquiring on behalf of someone else. Sorry for late notice, I know that this might not be seen in time, nut I thought I'd reach out for some advice anyway. Person (X) is an employee of a high street bookies as an Assistant Manager in a branch. Has been employed for 11 months and is rated highly by her direct line manager. Had a squeaky clean disciplinary record until recently. Final Written Warning issued late Dec In early Dec, the shop had a 'mystery customer' and the shop failed. X was working alone at the time. The shop scored badly in the mystery shopper test along with nearly all other shops in the area (this is a typical retail structure: shop managers, area manager looking after a dozen shops and regional manager above that). X was investigated and using CCTV, she was seen talking on her mobile phone behind the counter. A hearing took place and she was told that she would receive a Final Written Warning (this is a first offence). Seems harsh to me when a first written warning is an option but that's just my opinion. She is still waiting for the letter confirming this and has not been given a chance to appeal this decision as yet. Next incident - early Jan - Gross Misconduct One evening, again working alone, a group of men came into the shop. It turns out later that one of them is a known conman who goes around bookies trying to defraud. I know many who work in this industry and the betting shops are not interested in pursuing fraudsters and are instead focussed on prevention. It is normally the staff who take the bullet. One of the group placed a bet just before a race and then used a trick (involving distraction techniques by the group) to alter the selection after the race had finished. The result is that the customer walked out with £1.5k of ill gotten gains. They also tipped X £20. It is common for a winning punter to tip the cashier in this industry (I mention this because it comes up later). The known fraudster always stayed in the corner of the shop and avoided the counter. Errors made by X include: X paid out on the basis of the altered slip rather than following correct procedure. There happens a lot apparently but is not good practice. X also failed to run it past security who would have likely spotted the fraud. There is some mitigation here as the race track in question is a new one and not on the 'call security list' yet. Investigation X has been investigated and evidence (incl CCTV) collated and a hearing for Gross Misconduct is due tomorrow (is currently suspended on full pay). X will be accompanied by her manager who wants to keep her in the organisation. Accusations in the letter are: 1. Allowing the customer to defraud the company with the intent so that X can personally gain (I wonder if they are suggesting that by receiving a tip, X was 'in on it'. We feel can successfully challenge this point as it is simply not true) 2. Not using correct procedure to put the bet on the system so that the altered slip was used instead of the scan of the original 3. Not phoning security Mitigating factors: 2 is bad practice and other staff often use the paper slip to put the bet on the system as scans are often faded and difficult to read. This is a weak excuse in my opinion but I wonder whether it amounts to gross misconduct. A warning combined with training would be remedial, especially as X is of good character and has a good record. 3. He manager has a list of tracks whereby if a bet wins, security must be called before pay out. New track means that the list is not up-to-date so X did not realise. X can demonstrate that correct procedure has been used previously for those on the list. Also, unlike some, X has not been sent to training course on security or been given any of the available training. X has been overlooked Questions: It looks pretty damning, doesn't it? My gut feeling is that X will be dismissed. 1. Should this not be found to be Gross Misconduct, is this not a different strand of procedure meaning that the recent Final Written Warning is not related and therefore X could end up with 2 x FRWs instead of dismissal 2. What are the implications if they do not have the above view and treat as the same strand despite not having the opportunity to appeal the other FRW? 3. X has not completed 2 years of service so tribunal cannot get involved at a later date if X feels it is unfair. However, what if the employer does not follow procedure properly and breach their contract? I'm thinking about the right to appeal, not using a first written warning for the original offence 4. Any other advice? Many thanks! -
I attended a hearing where the above was issued and the defendant failed to comply with it I phoned the court and they said I had to submit a form but did not know which Does anybody know which form should be lodged with the court
-
Hello. I am currently getting income based JSA for about 1 year now. I stay with my mum, But all of a sudden my mum is saying i need to pay £27 towards to rent as the council will only pay £109. So why now do i need to pay. I have a brother who gets ESA, and my mum gets income support. What are causing the housing benefit deduction, My brother only started claiming ESA this year in march, And all of a sudden the housing benefit is cut. So could someone help me because i am getting the impression the cut is because of me but i have been getting jsa for around a year and my mum has been getting full housing benefit since untill now.
-
Evening all I have a debt that I have (yes very stupidly) not dealt with and Im struggling to understand what this now means for me and I would appreciate any help just telling me what if anything I should be doing before I have to attend court on the 22/11 The debt in question is with HSBC where claim forms were originally issued apparently in Dec 2013 - Last week I received 3 letters that came together through the post - a copy of an N244 that has been completed by HSBC litigation team , A general directions order and a notice of transfer of proceedings.. . on the N244 is states the order asked to be bein made is 1. The claim be restored and 2. Forthwith Judgement for the claim to be entered In the evidence box this is what is written: "The claim form was issued to the defendant on the 05/12/2013/. The claim form was returned to the claimant but only the 1st page of the form was included. the defendant did not fill out any information and no offer was made. The full claim forms was not returned. The claimant rec'd a letter on the 20/01/2014 from the defendant making an offer of £200. The claimant requested judment to be entered by installments of £200 p/m. The defendant failed to pay for 3 months the claimant was under the impression that judgement had been entered. The claimant called the courts on the 04/02/2015 who confirmed that judgement had been rejected. Claimant then considered entering into a consent order for £200 per month which the defendant failed to respond to. We now seek that claim be restored and forthwith judgement entered for the claimant as er the attached N225. The general direction order says that it is ordered that as nothing has been done for nearly 2 years, the application to lift the stay must be heard on notice claim to be transferred to local county court hearing centre Notice of transfer of proceedings says as a result of the order made claim transferred to my local county court. Today I have received a Notice of hearing of application to attend on 27/11 another identical copy of the N244 and also a copy of the N225 that HSBC filed October 2015. Debt was 5028 court fees £100 legal rep costs £190 + £30 since issue I have paid £1025.00 amont now showing payable as £4323.10 - the £200 installments were stopped when my circs and income dropped - i have a mountain of other debts and was bein hassled left right and centre and started payin bits and pieces off as my circs changed but this had gone quiet and I didnt pay anything further - In April 2015 I was re made aware of this debt when I did infact receive the Consent order paperwork which I completed and agreed to and sent back heard nothing and subsequently I didnt chase it up and forgot all about it - I stupidly didnt send it recorded delivery (which I usually do - or if I did I have no references etc to prove it or check it) and would seem they are saying they never received this - I always take a copy for my own records when complteing anything like this and it will be filed away somewhere which I will try and find , but not sure thats going to be any use to me anyway etc... I have never had to go to court - I have absolutely no idea what to expect or what to do now ... any help would be hugely appreciated - if you got this far thank you so much for taking the time to read it xx
-
Hello, Earlier this month, I was arrested in Central London for drink driving. I had attended my cousin's wedding reception near the Old Bailey and as is typical of the limited parking options in the city, after a tedious and lengthy search for parking places, I eventually managed to park my car a considerable distance away from the venue and walked to the event. Later that night when there were parking spaces available at the venue, I went to get my car so I could park it there. As it happened, and not being that familiar with that part of town, I ended up taking a wrong turn and in no time at all got lost and was struggling to find my way back. Unfortunately, I got stopped by the police, was breathalysed at the scene and ended up spending the night in a police cell, having been charged for drink driving. My reading by the way was 75mg. I had never been in any trouble with the law until this incident. I now have a court hearing in just over a week's time and I'm desperate for advice on whether it is worth seeking a private solicitor or simply use the services of the duty solicitor on the day. Secondly, if the general recommendation is for me to employ the services of a private solicitor, could anyone recommend some solicitors who aren't too expensive to use? Finally, what sort of punishment can I expect to receive for my offence if found guilty? Thank you. -
Hi Folks 1st time up in court regards no insurance on driveing a car. Small print has Cort me out. Have fully comp insurance allowing me to drive any car.... Providing that car has insurance allso!! So have court appearance soon. Would like some advice as to wording my mitigating circumstances so as not to get hit hard with fine i know i will get 6 points. Also as question 2... The prosicution has set there cost at £85. They have worded it as applying for costs. Can this be disputed as to high?? Please advise as i have never attended court before. Thank you
-
Hi, I have searched the forums for a couple of hours trying to get my head around the next step to take in reference to my letter titled: "Notice of Allocation to the Small Claims Track (Hearing)". Copy of letter [ATTACH=CONFIG]59738[/ATTACH] The case is regarding a landlord who took close to 2,000GBP without a signed contract in place and refused to refund my money. I never received the room or anything in return. Question I have (Sorry if they seem obvious, I haven't been to court before and I have searched for a while trying to find the answers) 1) Is this called a "Court Bundle"? 2) Do I send EVERYTHING to Edmonton Court AND my landlord who is the defendant? (I actually send all my evidence to the defendant? Witness statements and everything?) 3) What is typically included in this scenario (Court bundle?)? Are there any templates online for any of these documents? 4) I have incurred extra fees leading up to the hearing, how do I add this to the amount of attempting to claim? Is it possible? I have so far... - I have two witness statements (They are kinda just letters stating what happened; signed by the witness, nothing special) - A copy of my bank statement and an event log (The event log is what happened in my own words with times and dates) - The original contract (It has been signed by me, but not my wife, who was the TO-BE dual tenant). This contract never changed hands back to the landlord. Should I bring it? - I opened an original MCOL claim after the landlord provided me with false information regarding his name and address. I was told I couldn't proceed and had to open a new MCOL with his correct information. I spent £80 on doing this and wasted a lot of time. Should I include this? - I also found a lot of information online regarding the landlord, very bad posts on forums of very questionable nature (Like ripping off the UK government and terrorism). Is it worth including anything like this? or just leave it alone? Sorry if this seems obvious to the training eye, but I hope the comments also help others in my situation. Thank you -
Hello all, Bit of a major problem, could do with some advice. I was called into the HR office at work today, and told I will be suspended on full pay due to inappropriate material flagging up on my internet usage. This is being investigated, and could result in my dismissal. Now, I can categorically state I have NOT visited any sites that are inappropriate i.e. adult material, terrorist material etc. What I have been guilty of is leaving my computer terminal whilst logged on, and I can only presume that some other employee has used my computer terminal while I was away. The company has sent emails etc about not doing this. This was a new (ish) policy that was brought in by the company in regards Cyber Security. I accept I have been stupid and forgetful by not locking my computer every time I leave my desk, but it isn't on purpose. I am getting married in 2 weeks, and so my mind is all over the place at the moment. Not a defense, but it hopefully explains why it happens. Also, the printer I have to use is in a corridor out of sight of my office, and so anyone could enter my office and I wouldn't know about it. There is no proof that I physically browsed the inappropriate web-sites, only that it happened using my log-in details. Does anyone have any similar experience to this? I accept I have been forgetful, and I obviously need to ensure I always lock my computer, but I am scared half to death that I could lose everything due to this. Any advice would be greatly appreciated
-
Disability discrimination claim. The Respondent is producing the bundle. I have sent them my index of documents with each document very efficiently named and dated for clarity, relevancy and easy navigation. The Respondent completely renamed all of my documents within the index to make themselves sound good and to make my documents difficult to find seem extremely confusing, sound irrelevant and also to contain repetitive document names for less clarity and greater confusion. Some of the names of documents they’ve renamed do not reflect the contents of the documents in any way whatsoever and even I can’t navigate between the documents due to misleading names in the index – it will be even worse for the judge who will not be as familiar with my documents as I am. The Respondent also changed some of the dates, merged separate unrelated documents to reduce impact and deliberately put them in an incorrect order, which does not accurately reflect events. For instance, if I quickly need to find my x-ray taken at A&E I would not be able to do so with the way they altered the bundle as the Respondent merged my x-ray with a different document and this particular x-ray is not even listed on the Index of documents. This is wrong. You would really have to hop around the bundle. Most important documents have been put to the back of the bundle, some have been removed. The Respondent went out of their way to make it impossible to get to my documents while left their own very well named and easy to navigate between. The Respondent even renamed documents to make themselves look good and the Claimant look bad. They even changed words like “Medicines” to “Drugs”. The Respondent totally skewed it. Is the Respondent allowed to rename the documents listed in the Index of Documents I submitted and make such changes for deliberate misrepresentation? Also, is the Respondent allowed to remove documents? The Respondent has missed the deadline for the bundle by several weeks now, added additional documents as to what was on their list of documents and also presented the bundle to me (Claimant) by email (in digital form). Can they do this? – The order says it has to be binded. Any advice would be greatly appreciated. Best regards x -
Hi, I have a question that I'm having a LOT of trouble finding the answers to, I think I'm out of my depth and thinking of just letting the claim expire completely. I gave a landlord in London (name removed) £900.00 deposit and £931.67 first months rent on a property (£1831.67 total), but I changed my mind and didn't sign any contract with the landlord. The landlord refused to give my money back because he said he was suffering a loss and counter-claimed for a whole year of rent! I changed my mind within 1 week, and I feel he is trying to rip me off. I changed my mind because I was moving to the USA (I live in the USA now.). I started the claim in the UK with a UK address and went through MCOL. The hearing is in London (Edmonton). I received a letter to pay a court hearing fee of £170, however, I am supposed to pay this by 15th of May 2015. This letter did not reach me until today (14th), as it was relayed onto me in the USA from my family as the MCOL claim address is a UK address (My family address in the UK) I'm in a bit of pickle, as I cannot afford the £170 and I do qualify to use form ex160a for a fee remission. Within the letter, there is no mention of who to pay the £170 to, I searched all over Google, and I simply cannot find any answer. Does anybody know what steps I should take? 1. Who do I pay the £170 to? MCOL? Edmonton Court? Can I pay online? Can I apply for an extension on this payment date? What happens if the payment is late? If I can't pay online, I'm not sure how I can send a cheque to the UK from USA in time. 2. I'm not sure if it's the best option, but I can pay using a credit card, then can I apply for a refund later using ex160a? 3. When I log into MCOL, the last update was a year ago and the status is set to 'Transferred', does this mean MCOL is done with their part now and I should only contact the court directly from now on? 4. Do I need to give somebody my USA address now? 5. The court hearing is in November 2015, I'm 99% sure I cannot attend the date, would this affect my odds of winning? Sorry if I sound a bit dumb, I really feel like a fish out of water with this.
-
hi everyone, ive just been advised to take a hearing test after working in the print industry and the automotive industry so my question is if I won any money through a claim would my benefits be affected ? im on income based esa high rate so would any money won be deducted for my benefits as my pension now does ? many thanks in advance.
-
Hi All, I am looking for advice for a family member of mine who out of the blue has been handed a disciplinary hearing letter today to attend the hearing on Monday at 10am. Ok so let me tell you all the story so far - This lad has just turned 19 years old and has been employed by a financial advice business as an administrator since September 2014. He was taken on with the promise of further training to further his career in the finance world - as yet no training whatsoever. This Monday just gone out of the blue they had a new lady start with the business - it is a small business with around 6 employees in total with approx 3 in the office at a time including him but typically none of the management are in the office as they are out visiting clients. There have been numerous times when he has been left on his own in the office with nobody doing any lone worker checks throughout the day to see if he is ok and not hit his head and in need of urgent medical attention. So the new lady started Monday and has been for the whole of this week telling him how she wants to learn all of his work he does and he had no idea so has been happily showing her what it is he does - so basically training her in his role unbeknown to him. Then today as soon as he walked in his boss took him outside and said to him that he had a letter for him and it was very very very serious - bit of scaremongering thrown in to the mix here - obviously thinking because he is young he might get scared and just hand his notice in. Anyway he has opened the letter in front of his boss and had a bit of a chuckle and said you cannot be serious etc and told him to his face the answers to each charge on the letter. He remained at work for the rest of the day. So the content of the letter goes like this - I am writing to inform you that you are required to attend a disciplinary hearing on Monday 27th of July (Less than 48 hours notice given) at 10am at blah blah (names not shown for obvious reasons) The purpose of the hearing is to consider whether disciplinary action should be taken against you in respect of the alleged misconduct or gross misconduct. The allegation is that - You failed to turn up for work until 11.30am on Wednesday 14th of July and you did not notify me or anyone else of your absence You were asleep at your desk when I came in to the office on Thursday 15th of July I understand that following an alleged assault on you last week you took money from the assailant in return for withdrawing a statement to the police. You were then seen counting rolls of cash at your desk during working hours. (He was assaulted outside of the work place - at the weekend and nothing to do with work and the lad that did it offered a good will gesture of £200 if he didn't go to the police as he was on bail at the time of the assault. No proof of cash changing hands as he has done nothing and left it to the police - the money he had was his birthday money which was the day before this alleged incident which he was counting during his dinner break at his desk) You have on numerous occasions fabricated information which has led to various problems including invoices being unpaid I have previously spoken to you about comments you made to blah blah (former co - worker left the business 3 months ago) that were deemed inappropriate You have been seen on numerous occasions visiting non business websites during working hours. In particular you were warned about this on 29th of April and 05th of May If there are any documents you wish to be considered at the hearing please provide copies as soon as possible. If you do not have those documents please provide details so that they can be obtained. The hearing will follow the disciplinary procedure which is attached. If you are found guilty of misconduct we may decide to issue a written warning or a final warning or dismiss you with notice, or pay in lieu, however if you are found guilty of gross misconduct you may be dismissed without notice or pay in lieu of notice. Now for me I would say they are cutting costs and just going straight for gross misconduct. The case they have is pretty pathetic and has no real substance. This appears to be an underhand tactic to get rid of him via gross misconduct on Monday. I have his responses here to the allegations and will await a response to the initial post before posting his response. It is key that you all know that not once have they advised they are investigating him nor have they given a verbal written or any form of warning to him. they have had an informal chat nor addressed any of these issues they have been investigating with his knowledge. Thanks for your input -
GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here? -
Accident at work, disciplinary hearing
StageD posted a topic in Employment and minimum wage problems
Hey all, hoping I can get some more experienced views on some things. My Father in Law was involved in a very serious accident at work a few months ago. He survived, although he may not recover full use of an arm or leg (he was at risk of loosing them). He was dragged into a machine and crushed while trying to clear a jam. He's now received a letter from his work saying that their internal investigation has concluded and that he will be invited to a Disciplinary Hearing (date to be arranged). Government Health and Safety officials were there on the day, however he hasn't heard anything from them since. Is this normal? He was called by another member of staff on his day off and went in to help as this person was working alone and he knew how dangerous a jam like this could be (and indeed was). He was stood on a tiny platform with no guard rail and had to put his head and shoulders in the machine to poke at the jam until it came loose. While doing so the pole he was using was grabbed by the machine and he was dragged into it, then being crushed by the rubbish that was previously jammed. He's very angry that he's now got this hearing as he feels they're to blame for poorly designed equipment and unsafe practices (one person on their own). They have put a stop to the machine ever being worked alone since this happened. I'm trying to let him know that the hearing will just be a meeting to establish what, if any, responsibility lies with him (and the other worker). What are the likely outcomes though? Should the work be waiting until H&S have even spoken to him? -
Hi there, I have read a lot of forums about Devere Parking Services and I now need your help. I have been issued with a £175 fine for parking on my own car parking space outside my flat for not displaying my parking permit. It was displayed, or at least I thought it was but it was a hot day and the sticky stuff must of melted off. they fined me £20 first and I appealed against it, then they sent me another court order for £175. My management company have done absolutely nothing to help and said Devere only pay them £75 a year to manage the car park, so I am presuming they get their money from fining people. I am not sure what to do next, should I appeal again? I read somewhere that it can be overidden and there may be the option to pay £20 again but I am not sure.... -
Hello all I'm self employed, and got into difficulty last December with my mortgage (due to ill health which effected my eyesight) Won't pretend I didn't do a bit of burying my head in the sand also!! The last few weeks, I've been able to get back to work full time, and now have the money to pay my mortgage arrears in full, and can keep up to date in the future. However, my lender wont accept payment from me until they hear from their head office, and charges are being added daily. Also the repossession hearing is next monday, and I'm out of my mind with worry. What, if anything, can I do? Help! Thanks for your time -
Help, Urgent!!! Im in court this afternoon as I have fallen behind with my mortgage and have a repossession hearing. I can offer the full monthly payment starting June 1st. We are back in work after both being made redundant. Is there anything I should say or do? Im so scared. Can they take my house of me today. Its my first time in court in relation to this. Many thanks x -
My solicitor issued court proceedings against a builder. The builder did not acknowledge service so my solicitor applied for a default judgment. The Judge awarded a default judgment for an amount I overpaid the builder and made an order for a Schedule of Loss to be prepared and served on the court and the Defendant. The Defendant then had 14 days to respond to the Schedule of Loss otherwise the Judge ordered that the Defendant was de-barred from arguing any part of the Schedule or the amount. A date for a disposal hearing was also set. The Defendant did not respond to the Schedule of Loss. He then appointed another solicitor (he has been represented on and off in the last 18 months by 3 different solicitors) who asked for me to agree to set aside the first judgment. My solicitor refused and advised that if the Defendant was going to submit an application to have the first judgment set aside then this should be heard at the disposal hearing to save on costs. The Defendants solicitor waited until after office hours the evening before the Hearing and attempted to serve the Court and my Solicitor with a Defence, Counterclaim and Witness Statement. The Defendant failed to have the application stamped by the court and did not pay the court fee. However, a barrister was instructed by the Defendant. The Judge said he could not hear the Application to setaside the Judgment because the fee had not been paid and the documents had not been served properly. The Judge then ruled on a second Judgment in my favour. My barrister had to point out that a Part 36 offer had been put forward to the Defendant's then solicitor prior to court proceedings so the order was made plus costs. However, the Defendant's Barrister did not have any knowledge of the Part 36 offer and it was very clear that the Defendant's current solicitor had no idea either. Now I know that there is a possibility that the Defendant can submit an application to setaside both judgments. The first has a good chance of being granted because he is playing the failure to serve properly card (the court inputted the incorrect postcode on his papers - although the correct address). Obviously I can enforce judgment after 14 days but can only assume the Defendant will attempt to setaside both judgments in the meantime. I would like to know how the Part 36 will affect the outcome and if he applies to have the second judgment setaside what will happen. I have a copy of his documents and they are filled with lies many of which I can prove. What is also concerning is that the Solicitor has signed the Statement of Truth which I think is highly unusual. Any advice would be gratefully received if anyone has a similar experience. -
In 2010 I suffered some health problems. I'm self employed and as a result I fell behind with my mortgage payments. In October 2011 I had a had a possession order suspended. The judge ruled that the outstanding arrears should be spread over the remaining term of my mortgage. My payments and the extra arrears payments have been made on time every month since Oct 2011. I'm not one for credit but in January I was looking for a small loan to buy a car, I was declined and it was suggested that I check my Experian credit file. My credit file shows 4 late payments. I spoke with NRAM and made a complaint, my argument being that if the judge has ordered the arrears paid over the remaining term that should not be reflected on my credit file. Obviously, being NRAM they have refused to comply with my request. I have made a complaint to IOC as they are responsible for making sure the information on my credit file is accurate and fair. It would appear the ICO are stuck for an answer. They have told me that normally, if a lender decides to spread arrears over the remaining term of the mortgage, the payment history on the credit file should reflect this. The ICO say, as NRAM have been ordered by a judge to spread the arrears over the remaining term (in other words NRAM have not made the decision to do so), they are not sure if they can make them comply with this rule? The case handler at the ICO is not sure what to do? Can anyone please help me with an answer. My argument is that my credit file will be impaired for the remaining term of my mortgage which is 15 years. The ICO see this as a reasonable argument and agree it is unfair. My problem is the case handler has requested an answer from 'policy' so a positive decision remains in the balance. Surely there must be a legal president for this? Any help would be very much appreciated.
-
http://m.bbc.com/news/uk-31545417 If the forthcoming Court of Appeal case goes against the Bounty Hunting industry then people should start getting their claims in fast. If the Bounty Hunters are obliged to start refunding all of their victims, then they won't have enough money to do it. The result could be that they start closing themselves down pre-emptively. People should consider issuing small claims for refunds without hanging around too long -
Can anyone advise me hear. My partner has been seeking a tribunal hearing and made a request in August 2014 for a hearing. They sent a letter saying from the evidence they presume in all probability she was receiving payments when she should not have for one reason or another. We have awaited the tribunal hearing date only to be told by he council that no tribunal date has been applied for although they have our letter asking for one. The local authority have sent through a big folder with their evidence an when we told our solicitor he said he id not need to see it until we receive the actual date? which baffles me. My questions are should we look for someone else to represent her and can she be criminally prosecuted on the balance of probability?
-
Hi, We have been right through the Small Claims process due to a badly built fence, all the way to bailiff leaving a letter, and now the defendant has applied to have the judgement set aside. We don't have long to respond as the court date is a week on monday (at our request due to some other personal circumstances). We are really unsure what evidence we need to supply at this stage and struggling to find helpful advice. This is what he's put on his form: section 3: What order are you asking the court to make and why? To set aside a judgement against my company. The work done for (my name) was according to his specifications. He expressed satisfaction at the time. The damage was caused by weather conditions (torrential rain) six months later. He hasn't ticked any boxes asking what information he will be relying on, but in the next box it says: See box 3. In addition to the torrential rain the entire country suffered damage due to exceptionally high winds as recorded at the met office. As far as I can see, he can ask for set aside if he doesn't owe the money. My question is, what do we need to submit to the court? All the evidence we have already submitted as part of our application, or a statement saying that the damage wasn't due to the weather (we have an independent report on the poor construction of the fence. ) Thanks Confused little Tootles!
-
Hi everyone, A friend of mine is attending a disciplinary hearing tomorrow, she has good evidence of innocence so the content is not the issue. The problem is the MD of the firm is the one who wants her sacked and has carried out the investigation herself ( totally unbiased of course) She has brought in a friend of hers in to do the disciplinary hearing and she doesn't even work for the company. Is this common or unlawful? Thanks in advance people.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS