Employment tribunal hearing coming up

[Lorenz]

Ok, thanks, I was told it's 14 days for payment. 

However,  in my husband mcol there's another claim, 2 years old which the defendant paid, but it's got the exact same page as mine, no enforcement link and it's been like that since judgement. 

I've been on hold with the court for 45 minutes for clarification but no answer yet.

[Andyorch]

To Northampton CCBC I presume ?  Lets hope they can shed some light on the missing " overview button/ request a Warrant of Execution" Im sure it will appear shortly.

 

 

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[FTMDave]

I'm looking at kfdh1962's thread, and on the 15th day after judgement was granted they were able to enforce through MCOL.

[Lorenz]

Ok, the plot thickens.

I wasn't able to speak to anyone at the court.

I followed the link in your website to MCOL and it takes me to a screen I had never seen.

When I try to login it asks me for my government gateway user ID, I never had one.

So I tried the recovery process and it says that "There is no Government Gateway user ID associated with my email address".

When I submitted the claim the user ID was my email and I setup a password.

Do they have 2 parallel websites???

Ok, the website where I can see the claim is www.moneyclaims.service.gov.uk

And there is no option for enforcement. 

Different website from www.moneyclaim.gov.uk

Help!!!?!?!?!

[Andyorch]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958058/n323-eng.pdf

[Lorenz]

Thanks Andyorch.

I suppose I have to fill that form and send it by post, correct?

[Andyorch]

Yes 

[Lorenz]

Hi everyone, 

I'm filling the form and don't want to make a mistake.

Can you please confirm that the following is correct?

1. Balance due at date of this request (i put the amount on the judgement letter plus 4p/day interest which is 8% annual) 242.63+0.84=243.47

2. Amount for which warrant to issue (I put same figure £243.47)

3. Issue fee (£83 I found this on leaflet EX50)

Total £326.47

Correct?

One more thing please. 

What's "Fee account no"?

Do i leave it blank as I don't have such account?

[Andyorch]

Yes that's fine with regard's to "Fee account no"?  Bulk litigation claimants.

 

.

 

 

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[Lorenz]

Ok, thanks.

Next hurdle is payment of the £83 now that cheques are not in existence anymore,  at least for us mortals.

Got to find a way to send them the money.

Do you know if the payment line can take payment for enforcement?

Edited May 25, 2023 by Lorenz

[Andyorch]

Ring MCOl .....normally it would proceed to payment page if you were doing it on line and use your original payment details in setting up the claim. 

[dx100uk]

is it correct you can charge them post judgemental interest? i think not.??

you can only claim the sum of the judgement+filing fee.??

 

[Andyorch]

Sorry yes that's correct DX lose the interest Lorenz.

1. Balance due at date of this request (i put the amount on the judgement letter plus 4p/day interest which is 8% annual) 242.63+0.84=243.47

[Lorenz]

Ok, so I leave it at £242.63.

For future reference,  I finally spoke to someone at the court who was clued up.

There are 2 different website to start a claim online.

One is www.moneyclaim.gov.uk which will let you continue to enforcement. 

The other one, accessible from gov.uk is the one I've used (www.moneyclaims.service.gov.uk).

This last one will not let you proceed to enforcement which needs to be done by post.

With regards to payment,  if you call the court and choose the option for payment,  a human answers straight away and can take payment for enforcement over the phone. 

So, next time I'll use the www.moneyclaim.gov.uk.

Thanks everyone, hopefully it's gonna be easier now that I know.

[Andyorch]

[FruitSalad1010]

Read post #98 again.

I don't say this to point fingers but to draw your attention to the fact that sometimes important details which can help you are easily missed.

The better you become at picking up on important details in your cases the more your chances of success will increase going forwards.

The simple act of posting up the redacted claim form would have clarified this straight away.

However, well done for realising the difference in the two systems and understanding why you are having to do things a different way.

It's not easy for someone who has never embarked on this path before to navigate everything first time around and your self help appears to be paying off.

[Lorenz]

@FruitSalad1010 Sorry, I don't know how I missed post #98.

That would've saved a lot of time 

[Lorenz]

Ok, going back to the employment tribunal case,  the respondent had a deadline on 05th May to explain their criteria for changing my rosta and provide evidence that there is a legitimate reason for this. 

They ignored this same as everything else. 

So I was forced to ask the tribunal for an extension of time to my deadline on 16th May to amend my claim and clarify my position in view of their reasons.

The tribunal has not replied to me and the deadline has passed.

Do I send an email asking the respondent to comply with the judge directions (and copy the tribunal in)?

It seems to me that despite the online propaganda that the tribunal is designed to be used by lay persons, solicitors are favoured by judges and they deliberately use tactics to confuse and discourage the claimant.

I was told by the judge that if I didn't respect the deadlines, my case could be dismissed.

What about the respondent???

They've ignored 3 communications from the tribunal,  then lied about not knowing anything about the case.

When it was pointed out to them that they'd been informed and also rejected any involvement with acas, they changed their story.

Now they ignored their deadline to my detriment and the judge didn't spend a word to address this, despite my husband pointing it out 3 times.

[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?

[Lorenz]

Not yet.

We're away for half term, so it'll have to wait.

[Lorenz]

Update: they've paid the judgement money.

So, off with another claim.

In the meantime,  can someone please look at my questions in post #143?

Thanks 

[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

[Lorenz]

@FTMDave are the dates you mentioned just an example or is the 20th march the day I started the previous claim? (Coincidence?)

Judgement was issued 04th May.

 

Thanks

 

[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.