Employment tribunal hearing coming up

[FTMDave]

Thanks for reporting back about the two sites.  We were all getting confused too, and what you've clarified will help others in future.

[FTMDave]

Now that enforcement is being done - have you sent the second LoC as suggested on 13 May?

[FTMDave]

Superb news.  Well done.  Better the £200 in your pocket than theirs.  I wonder how they reacted when the bailiffs showed up

Unfortunately you can't just start another claim - you need to send a LoC before.  Which is why I've been moaning on about if you'd sent it

Send the letter tomorrow, usual free Certificate of Posting, but update the last paragraph otherwise they could pretend you were suing twice for the same thing -

Therefore I am giving you a final 14 days in which to satisfy my subject access request and if you do not do so I shall be beginning a County Court claim against you for £200 for distress for the period from 20 March to 2 June.

I know what I'm talking about with simple claims, but an Employment Tribunal is beyond my pay grade ... but hopefully the experts will be on soon to answer your questions.

 

Edited June 1, 2023 by FTMDave
Typo

[FTMDave]

I'd read your post 54 written on 20 March which says you'd sent a LoC, so presumably you did so on 19 or 20 March.

Therefore the second LoC should cover the period of distress from that time until a fresh LoC is sent, presumably tomorrow.

[FTMDave]

We always say -

On 01/06/2023 at 18:32, FTMDave said:

Send the letter tomorrow, usual free Certificate of Posting

That's all you need to prove to a court that the letter was sent.

If you are able to send it 1st class today (Friday) with the CoP the court will take it that the letter will be delivered on Monday.

POST EDITED due to my which-day-is-it-today confusion!

Edited June 2, 2023 by FTMDave
Incorrect informatioin edited

[FTMDave]

So presuming that's done, on day 15 you can start a new claim - using the "better" MCOL site this time!

Your PoCs can be the same as before except you need to add the bit about the period of distress.

[FTMDave]

TBH - I don't know.

Wait 24 hours and see if experts who do know come on the thread.

If they don't, I can flag your post up to the Site Team for an answer.

It would also be interesting to know if they have ended up with a CCJ or not.  They did pay within 30 days.  But then you got a forthwith judgement and had to send the bailiffs in after 15 days.  Hmmm.

 

[FTMDave]

@Lorenz Can you explain quickly in bullet points how you were paid?  We were under the impression you'd had to enforce. 

Date of judgement.  Date they paid.  Whether you forked out the enforcement fee.  Whether you got it back.  Etc. 

[FTMDave]

Well done on getting paid.

What position are you in re the second claim?

[FTMDave]

Thanks for keeping us up to date.

There are not many Caggers who are confident enough to punish these companies for refusing to face up to their SAR responsibilities, so threads like yours are almost "test cases" and help others immensely.

I've no doubt they wouldn't have disclosed anything at all if you hadn't started suing them.

I think what you've done so far is fine.  They may have come out with some half-baked excuses but that is different from filing a legal defence.  Let's see if they actually try to defend this time or just pretend it's not happening like the last time.  Hopefully the latter!

In any case none of this will look good for them in front of a tribunal.  Multiple refusals to respects SARs.  ICO judgements.  County court judgements for distress for not respecting SARs.

[FTMDave]

Don't worry.  That's just a little-used clause about additional PoCs.

I''m sorry that advice on the Employment Tribunal has dried up.  I think it's my fault for concentrating on the SAR distress cases.  Apart from agreeing that getting an unbiased barrister to look at the case was a superb idea, Employment Tribunals are above my pay grade.  Hopefully @unclebulgaria67 and @Ethel Street will look in.

 

[FTMDave]

What date does MCOL say your claim was issued on?

We must be getting near the deadline for them to defend.

Edited July 21, 2023 by FTMDave
Typo

[FTMDave]

So go for default judgement tomorrow.

Let us know how you get on.

[FTMDave]

Either there is a glitch or they have acknowledged service, which adds another 14 days to the deadline.

Have another go tomorrow and please report beck.

Can you copy & paste the status of the claim from MCOL?

 

[FTMDave]

Yes, it should, thus why I asked you to copy & paste the MCOL status of claim.

[FTMDave]

Well done!

So what is your attitude towards the company and the SAR now?  You mentioned in an earlier post that after the first judgement they disclosed a few "bits and pieces".  Do you still consider that they have not fully respected the SAR request?

And do you have evidence of their failure?

Because it's perfectly possible to issue a third Letter of Claim and to keep the pressure on them. 

[FTMDave]

With all the turmoil I caused, nobody ever sent an email to discuss this?

I would say that, on the balance of probabilities, it's unbelievable too.

And that is in the abstract.  There is also to consider that for months & months the company refused to comply with a SAR despite numerous reminders, had the iCO decide against them, lost twice in court for SAR distress claims and only finally made limited disclosure after the first court defeat.  It's pretty obvious they are hiding information.

I would keep the heat on with a third LoC.  You know the drill.  If you do do so, remember to make the distress period from the one stated on the second LoC till 26 July, say.

 

[FTMDave]

4 hours ago, Lorenz said:

Why not?

Genuinely,  I knew they would never release those documents otherwise the ET claim would've been totally lost for them.

Certainly make sure you get your money for the second judgement.

Up to you if you think it's worth continuing with a third LoC, given you've dropped the ET claim

[FTMDave]

Yes, you're right, they're stuck with a CCJ now.

It should be fun at work when the bailiffs show up.

[FTMDave]

I'm afraid such information is a bit above my pay grade  

Where did you read this?

[FTMDave]

Any update?  Have they coughed up?

[FTMDave]

There is a way of complaining to the court.

But I'm no expert.

Give it another 24 hours, and if no-one looks in, I'll flag your thread up for the experts to comment on.

[FTMDave]

I've flagged your thread up to ask Caggers who are much more knowledgeable than me for advice on what to do.

[FTMDave]

Don't worry, the cavalry are already on their way.

Just to double check - you did request enforcement through the on-line MCOL portal, right?

[FTMDave]

Which is the defendant's local court which is dealing with this?

If you're uncomfortable posting this on the open forum, please PM me.