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  1. The latest call for evidence is here:- https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/209665/wca-cfe-4th-review.pdf Please respond with your own or someone you know's experience of the WCA, particularly the effect on your/their health of the stress involved. Closing date is 27th August
  2. Dear Sirs, I have bought on Beging of year By TK MAxx few items and one was store reduced price, I Paid for all my purchases and after that was ask to follow security guard. I have been Accused of Changing Labels on 20 Jan By TK MAxx and have been forced to sign form that I will never visit any TK Maxx store . Actually I have not did what I was accused, I have been lead to Security room when Security Guards Said That they have CCTV record ,and if not sign form will call police, They refused to Show me CCTV record and said Company called RLP will provide all evidence. Since then I have received 5 Letters from RLP threatening me With Civil Court and Unreasonal demand for 147.50 for loses and administration and Security people time The goods they claim for change label was taken back as they say for "EVIDENCE" and I was refunded. RLP are demand money quote Protocol for pre action Civil Procedure 1998 Act Portocol But When I ask them in compliance with Same protocol to clearly to Explain case and provide all evidence what they will relay in court they said that they have Eye witness Which statement had not been sent in Demanded by Me 21 Days and No CCTV record. All letters are without name and different signatures. I demanded also to Disclose name of persons writing letters to be able to check with RLP management if Such person exist Any this my demand was not respected As well. AND replied they that due to fail to comply with Protocol case is closed and I deny Any liability to RLP and their client Previous letter they said that will reduce amount to GBP 95.00. Last Letter they said due to lack of defense if not replay in 14 days they will contact and will pass my Debt to Debt collectors company. They Said Quote Whilst there is no legal obligation to consider mitigating circumstances in civil proceedings our client operates civil recovery within a set of core principles which initialy agreed with ACPO and have been developed further since then to ensure further protection of those who may be considered vulnerable. If we do not hear from You within next 14 days , with reasonable settlement proposal, or with any information relevant to this matter, it will either be discussed or passed to specialist company which recovers debts and undisputed claim for damages Unquote MY QUESTION 1.What to reply to them? 2.Is It legal without provided any evidence to pass Personal Data to Debt Collector? 3.Is it Legal to Send letter without Name and only Signature? 4.If they fail to provide evidence in 21 Day after my demand is it legal to pass this to civil court 5.In which case is possible some one to pass personal data to Debt Collector company 6.Can I claim bulling against RLP and to whom 7.Can you give me all legal act what are in violation by RLP 8.How legally can stop them from sending bulling messages If You have ssen some letter before from RLP does it have some names or only sigantures Thanks
  3. Does anyone know what the situation is regarding so-called evidence garnered from a private page on Facebook? In light of the current furor and FB insisting it does not give access to government agencies - is it legal for the DWP to use Facebook in court?
  4. Hi, We are currently in disagreement with our previous landlord regarding return of our deposit. I have been letting in London for over 11 years and have never had any issues so I'm pretty new to this. We are coming to the end of negotiations and the landlord is currently insisting that it is us who raise a dispute with TDS. This has alarm bells ringing for me as I don't understand why the landlord does not raise the dispute themselves. It brings me on to the online evidence portal. Do both parties have access to the evidence AFTER the TDS has received ALL evidence? or Does the person responding to the raised dispute have access to the evidence BEFORE they respond? I only ask because for one of the things our landlord is making deductions for, I have hard evidence to support that the claimed work was definitely not done. My worry is that if we submit this in our evidence, the landlord will see it and then either tailor the evidence or try to do the work before they submit their evidence. Can someone please shed some light on how the online evidence portal works and any advice on this matter? Thanks a million
  5. Like many people I have been refunded on my NRAM mortgage for the interest paid on a loan when NRAM were failing to provide the correct type of statements. To be honest I am happy to have the size of the debt I owe reduced and do not want the repayment in cash to me. In August 2009 I had to fight to stay in my house and had to go to the courts and ask for a repossession order to be set aside. This I was able to do. It seems to me that subsequently NRAM have been found to be in contravention of FSA regulations and have been ordered to repay the interest that had been paid from april 2009 to april 2012. In August 2009 they presented evidence in court that was wrong. ( They combined the 2 loans the mortgage and the advance and presented figures to the court that included interest payable on the advance which was subject to FSA regulations .) In efect they were claiming payments for interest on the advance for 74.20 per month that have subsequently been ruled against by the FSA. so : NRAM said I had payments of 420.20 per month to pay. FSA have had a look at the loans subject to FSA regs and have ordered NRAM to repay the interest on those loans going back to April 2009. So at the time of the hearing in the court in August 2009 NRAM provided statements to the court that were inaccurate. Can I have that repossesion order removed and can I have any expenses that NRAM added at that time removed as well? If i have not been clear it is because I am struggling to get my head around it. I might add that I was only able to save myself again from eviction this month due to the sound and sage advice I have found on these forums. I currently have 4 complaints lodged with NRAM and will be taking 2 of those on to the FSA.
  6. Hi, would just like to say i would be greatful for everyones views, opinions and advice. This is quite a long story and has even left me confused at the best of times so please ask if you have any questions. My job role is hotel receptionist. I have been accused of checking in guests into our hotel and not taking payment for the room. I was told these guests have now walked out and that I would have to pay £100+ for the room. In an informal meeting with my manager I told her I didn’t check the guests in but I cut the key accidentally and that I put the key in a pre arrival folder because I thought it belonged to a group arriving later that day because of how the booking was made. I explained that the way the booking was made it looked identical to the other group bookings. My manager told me she didn’t believe me, I was upset by this. It turned into an argument and she said I was contradicting her. Then said I would have to pay £100+ or face a disciplinary. I thought this wasn’t fair as I didn’t check them in. So I stormed out saying I quit and then drove of around the corner and sat for a bit. She left a voicemail on my phone. I rang her back where we had another argument down the phone about it. She said I couldn’t have thought it was a group and the booking was made correctly. She gave me half an hour to cool down before coming back. I came back, started work as normal as we were busy. I then went to her office and said I’m sorry for walking out, she said its fine and then I carried on my shift as normal. The next day I received an email that had been chained to the whole reception team saying that I had checked in a room with no payment and that people did not spot it sooner. Now I and a few other colleagues would have to pay £100+. I thought this email was unfair as I said didn’t check in the guest with no payment I just cut the key. I felt the email singled me out a number of times and knew colleagues would now be asking what happened. After the argument we had the day before I didn’t want to go into to work but I knew it was a busy day and it was also the last shift I was working before 2 weeks annual leave. So I went to work, explained myself to a few people that I didn’t check in the guests as sent in the email. So this is where things get bad for me. Towards the end of my shift we had people who had used our car park because of a local event come to pay. They paid by credit card. I decided to post this money to the room instead of car parking. I honestly thought nothing of it as all the money was going to the company. I thought now there would be a smaller amount for everyone to pay or we could rebate the rest now. I received a voice mail on my phone the next morning, I rang back and my manager asked what had happened with the money. I said I posted the car park money there. She said she wants me to come in the next morning to have a meeting with her and hr. This got me scared as I have never been asked to have a meeting with hr before. So the next day I came in, I was told they wanted to find out has happened. The person from hr would take notes while my manager asks the questions. I was asked to give my version of events for what happened during our informal meeting and why I posted the car park money to the room. I explained my side then my manager showed me 2 cctv images saying that they were the guest in the room that walked out and it showed me checking them in. She then also said that the key had been used minutes after I checked them in so I couldn’t have thought the room was for a group. I apologized if this was the case but I honestly could not recall checking in a room with no payment. With this being said the meeting was over, I was asked to sign the notes hr took, was told a further investigation would continue and to enjoy my holiday. After leaving the meeting I could have swore that I had seen the guest in the picture the last night I was working which would have been 2 days after they apparently walked out. I then tried to remember checking the guests in cctv image in, and I remembered them asking to be put on a specific floor. So I thought that could definitely not be them. I was told further investigation would be carried out and thought not much more about it on my annual leave. I was due to start work soon so I phoned a colleague to find out my hours on the rota. I was told there were no hours for me the next week. This got me scared. So I sent an email to my manager before giving her a call. She said she had me down starting next Monday and that there was a error on the rota. She said I should have been sent a letter by hr. No. She told me to give hr a call the next day as I first had to have a meeting before I start back. The next day I get an email from hr saying that they sent the letter to wrong address and they would re send it. They also attached the letter to the email. To my shock it said I have been suspended for financial irregularities while an investigation takes place and a hearing will take place the following Monday. They said I have checked in a guest without payment and then used peoples credit cards to get rid of the outstanding balance. They sent me a copy of cctv images, time I cut the key, time key was used and our grievance and disciplinary procedures. What I’d like everyone’s opinion on are a few things. On my letter and on our disciplinary policy it says that suspension is not an act of discipline. I think getting suspended while on annual leave is a form of discipline. What do you think? Also in the disciplinary procedure it says the investigation will be carried out in a fair and consistent way at all times. I don’t think it is fair that all the evidence against me has been collected and handed by my manager and I believe not once looked at independently. For a start, I’ve been given a sheet that states the time I cut the key was lets say… 15.59. The two camera images used for evidence shows me at 15.44 and 15:48. So looking at the earliest image shows a 15min time gap. I know it would not take me 15 mins to check in a guest let alone check in a guest and not take payment. Also in the last image it actually even looks like I’m handing them the key to their room at 15:48. So this has definitely not been looked at correctly. Also during the investigation meeting I was told that the key I had cut was used straight after checking in the people on cctv by my manager. In the letter they said they are sending me a door lock report of when the card key was used, instead I’ve just got another sheet printed in a different way showing what time I cut the key, 15:59. Surely nobody properly investigating could believe that I can cut a key one second and within a millisecond they can go to the lift walk along the corridor and use the key to enter the room. This has led me to believe for the first time that nobody was in the room, as even from the start I was shown no proof I just accepted what my manager said. Also I don’t believe the cctv images has been shown to anybody else who could have been a witness. There are two other colleagues on the cctv who might have been able to recognize them. Do you think this has been carried out fairly or do you think my manager is just annoyed that we had an argument and I refused to pay any money. Thank you.
  7. My friend is in a complete mess. Her partner has left her and her two children (youngest is his) and is not providing any maintenance or helping with the rent etc. She is really struggling but has applied for tax credits. They have written to her asking for more information... this is where it gets messy. She has a joint tenancy on the rented house but he won't come off the tenancy. He has only just recently left and is living with his parents but he won't get any of his mail redirected. My friend is claiming single person council tax benefit and the CT is in her name but all the household bills are in his name - but they come out of her bank account. The police were called last week as a neighbour saw him slamming the car door into her... she is absolutely petrified of him and he won't agree to changing address or anything. Will the tax credits people understand all this though as she is scared stiff that she will lose the house and her job and everything. Thanks in advance,
  8. http://www.parliamentlive.tv/Main/Player.aspx?meetingId=12343 esther mcvey makes my blood pressure go through the roof and watching risks damage to my laptop.
  9. Hello, I have a question and I will appreciate any suggestions ( I won my tribunal case) but the tribunal says its beyond their jursdiction to look into the forgrey of documents. I felt justice somehow has not be served therefore I felt that this organisation need to be exposed.!!!!!!!! I have a valid and damaging proof !!!!!! 1 How can I sue ex employer for forgrey?? or how can I pursue this in a higher court in united kingdom
  10. Hi there fellow CAGgers, Some really quick advice would be appreciated from any of you that have knowledge or experience of the following. I am going through an ET regarding disability discrimination that I was subjected to from my line manager(who now, strangely, has been made redundant :o?). We are past the deadline from bundle collation as I've asked my employers on numerous occasions for a document that is crucial to the case - I've been told that the Companies archive system is difficult to use and they can't find it! I've persisted regardless as I am suspicious why they couldn't recover this. Anyway, as far as I was concerned, everything was in order apart from this BUT this morning their legal eagle has sent through an amended bundle with new evidence that they have added which I do not agree they should use at this late stage. What can I do as I feel they are being very trixy?
  11. Hi there please can someone clarify this small point for me as I am having difficulties. When It comes to appealing on Fresh evidence I believe that this is indeed possible, however the EAT rules states that one must have been reasonably diligent in requesting this evidence. This is somewhat contradictory as one cannot be so diligent as to request information and obtain it if the respondent is refusing to disclose it! How can one satisfy the Ladd v Marshall rules to submit the evidence when at the same time it is indeed true that one can appeal on Fresh evidence that was previously concealed. This is all without using court orders for disclosure please someone can explain as I am very confused Regards
  12. Hi guys and girls, firstly i apologise if what im about to ask is a dumb question or is covered elsewhere I'm a claimant in a case where im owed money by defendant, part of claim is for a transaction i made on defendants behalf with a view to being repaid, she is disputing this claim, i have a bank statement with the transaction on, i did at the time the payment was paid receive an invoice from the company i made payment to confirming the amount and that it was for the defendants policy, however because i thought i wouldnt need it this got destroyed. I've attempted to get a copy from the company however they say due to data protection they are unable to disclose any information or transactions even tho I had a document previously. soo my question to you knowledgeable people is this-- can i force the defendant to get hold of this copy of invoice for me to use as evidence in my case?? thanks
  13. Many private parking signs use unclear wording and bad layout, meaning they are likely to mislead motorists. The signs are sometimes so bad they breach the British Parking Association's notorious code of practice for approved operators, but the BPA seems to discipline very few companies for bad signage. Martin Cutts of Plain Language Commission is gathering evidence of good and bad private parking signs and documents as part of a report he'll present to the Government about how the British Parking Association is failing to police its code of practice. He's also been challenged by the BPA to provide evidence of bad signs and documents being used by its members. He needs clear close-up photos of signs used by BPA private members (nearly all will show the BPA logo) all over the UK. It will help if you can also provide context photos showing where the signs are positioned and whether there are entry and exit barriers. So if you have a private car park near you that's operated by a BPA member, eg at supermarkets, motorway services, shopping centres, tourist hot-spots, please take the best close-up photos you can of the signboards, including the detailed terms and conditions, and email them to Martin at privateparkingsigns@gmail.com[/font]> (no spaces) There's a typical example of a poorly worded sign in the Plain Language Commission newsletter, downloadable here: http://s3-eu-west-1.amazonaws.com/plcdev/home/sfusion/htdocs/staging/new.clearest.co.uk/public/system/files/139/original/Pikestaff_57_.pdf Examples of words that Plain Language Commission experts consider unacceptable on private parking signs include fine, penalty, offence, Regulations and Authority but even if you don’t see these, please still send the photos. Often the language and get-up of a sign is simply unclear and this is equally prohibited by the code. Please give the following details when sending your photos: 1 Your name and contact details (only in case Martin needs to verify something) 2 Date of photo 4 Location of sign (eg, name of shopping centre or superstore) 5 Name of BPA member unless it’s clear from the sign 6 Name of landowner if known 7 Any other comments As regards documents, Martin wants parking charge notices and letters from private parking companies and their debt collectors and solicitors. Please send scans or PDFs to Martin at (no spaces) Your name and contact details are required for verification only. Your personal information will not be used for any other purpose or shared with any third party for any reason There's no deadline as this work will continue, but anything you can send by the end of August 2012 will be especially helpful. Martin’s postal address for any paper documents is Plain Language Commission, 29 Stoneheads, Whaley Bridge SK23 7BB. *** NEW ADDRESS TO SEND EMAILS TO ** parkingsigns@consumeracti ongroup.co.uk - (no spaces)
  14. Last year we were forced to move a boat from its mooring by the mooring owner. We received a letter of eviction with no real reason and saying we were also in debt of £2,000. Later we received an email with final bill amount that was incorrect. We told him to review it. 8 months later (march 2012), we get a letter with same amount - same answer from us this time by mail / signed for explaining why we think the bill was incorrect. Next thing is we have been harassed by a company called Final Demand Ltd.4 letters very aggressive in 2 months time, one showing some interest being added to the final bill (now £3,300) and the latest (last week) stating their client is willing to accept a smaller amount (down to £2,400) with absolutely no details how he reached that total. Letter states if we don't accept and don't pay they will start court proceeding. I must say that the mooring fees have always been paid cash over a period of 10 years. We have all the invoices bill until the end showing no late payment. We called final demand ltd to tell them their client made up the bill. Apparently they don't care. Why do they start harassing people and/or would they commence court proceeding on no evidence but their client words only?? Can anyone advise on how to proceed? Many thanks in advance.
  15. Joining a party as Defendant to an action I am a litigant in person with very limited resource and not enough disposable income to pay for legal counsel. I am being sued in the High Court by an unscrupulous multi-national for whom I used to work and I find myself at a disadvantage due to my lack of knowledge pertaining to proper High Court procedures. The claim relates to a loss ocassioned by one part of the multi-national group (A) ocassioned by a breach of contractual undertaking to a client by another part of the multi-national group (B). (A) is now suing me for acts that occured long after the breach by (B). In an attempt to recover its losses from an external source, rather than from its sister company (B), the claim disingenuously alleges that my subsequent acts caused the loss. Moreover, (A) has dishonestly attempted to conceal the contractual undertaking of (B) and has not referred to it in its Statement of Claim against me. I have subsequently discovered the existence of the undertaking, the breach of which was the true cause of the loss sustained by (A). I would now like to apply to the Court for an order under CPR 19.4 to have (B) added as a Defendant to the proceedings on the basis that clear evidence exists that (B) was the true cause of the loss for which I am now being sued. In the alternative, I would like to apply to the Court for the case to be struck out on the basis that it is an abuse of the Court's process. However, I have no idea how to make a proper application to the High Court for such an Order and I am afraid that, notwithstanding the merits of the application, that it may fail for improper adherence to the proper process. Any advice would be gratefully received.
  16. Hi guys, im a newbie to this so please have patience. After falling victim of the parking eye and having had a little read around i was wondering whether you can offer me some advice on a query i have. Basically i had overstayed in a free private car park owned by parking eye for an extra hour. I wanted to know if on the photographic image they send with the PCN, if it shows fairly clearly who is driving the vehicle can this be challenged or ignored or will ignoring this be used as evidence and get me into more trouble??? Any help would be appretiated as you will all understand an extra £50-£80 does make a hell of a difference and i would rather have it spent on my family than just have it thrown away like this. Thanking you all in advance for your replies.
  17. Hi, I have a employment tribunal against my ex employer. I was dismissed for theft and they realied on anonymous witness statements only. They have now accused me of being a bully and indimidating without any evidence to back up this allegation. I 100% deny being both a theif and a bully. They have now changed variouis parts about there version of events when I argued in the discaplinary that they were not correct. Can they do this? Change there story slightly because i proved them wrong? I now have all there evidence and was wondering wether they may be able to use fabricated evidence? Are they allowed to use "evidence" at the tribunal which wasnt given to me prior to the tribunal? Any help would be appriciated because i do feel my ex employer with go to any lengths to get out of it. They have told me that 2 people witnessed me doing this and gave the information to my manager. Bearing in mind i have no idea if this has even happened as i have no statements or any indication to say anyone had backed up the story. Thanks
  18. Hi all, This is my first post, and the first time that I have had to try and claim money from someone. So please have patience with me! I am using the MCOL system and have become a little confused at the "details of particluars" section. I have already wrote to the person I am trying to claim money from explaining that I wanted compensation from them, and that I reserve the right to take them to court if they were not willing to. They replied in writing, offering their side of the story and didn't offer any compensation, so here we are. In my letter I gave dates of where and when events took place, and details of money that I have lost. I didn't provide any copies of invoices or photographic evidence etc. I was hoping to keep these up my sleeve until they were really needed i.e. in court. So taking the above into consideration, what do I actually need to send as details of particulars? Do I need to send a detailed account of all dates, costs, copies of invoices, evidence etc? Or is it just an overview that I need to send (which is basically what I've done already)? My main question is whether I need to send the defendant copies of the evidence that I have obtained? On MCOL it states: If you don't have space for all the details, provide a summary of your claim and say you will send the details separately. You will then have to send the detailed particulars to the defendant within 14 days of submitting the claim. You will also have to send the court a 'certificate of service' form. I will have to send details separately, as my original letter outlining the details was quite long. On the 'certificate of service' form it asks to attach documents that I have served to the defendant. Is this the only way that I can provide the court with my evidence, and at the same time make the defendant aware of what I posses? Or will there be another chance for me to present my evidence, and if so, how and when would I do this? If anyone can help me answer any of these questions I would appreciate it greatly. If you need any further information about my story / case, please don't hesitate to ask. Kind regards Jonathan
  19. Hello all, I was hit by another driver a few months ago. At first he admitted liability (both to me in person and to my boyfriend over the phone) and offered to pay for the repairs (new plastic bumper). When we discovered that the front wing was bent and the cost jumped from £50ish to £400+ he changed his tune so I had to put a claim in to my insurance company. They put me in touch with their preferred garage who wanted me to sort the details out with the insurance company before carrying out the work (the damage doesnt affect driving, just cosmetic). I have submitted drawings, photos, a map of the incident and contact details for a witness who agrees that the other driver was 100% at fault. The other driver has said he thinks its not his fault but he will not provide any drawings, evidence or even an explaination, now he is refusing to answer calls from the insurance company full stop. My insurance company (Swiftcover) have been rubbish at answering my questions throughout the process. When pressed about the status of the claim they say there is nothing they can do as I have not suffered any financial loss (by paying for the repairs myself) so they will not take any further action to settle the claim, they wont even tell me how often they have tried to contact him. In short I'm stuck - the garage would rather I get the liability sorted so the insurance company pay them direct but Swiftcover wont resolve the liability issue unless I stump up the money. That means the other driver has been allowed to get away with causing £400 worth of damage to my car by not answering any calls from his insurance company! It would be a real struggle for me to pay the whole lot up front, especially with no guarantee for when I could get it back. This is the first time I have ever had to claim on my insurance so I dont really know what I should be doing. Sorry to ramble, what I want to know is - are Swiftcover correct in saying they dont have to do anything unless I pay for the repair or is there further action I should be pushing them to take to get the claim resolved? Thanks all
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