Court Caste Lowell/Bryan Carter - Worried sick

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What about the metadata within the document showing when it was created altered etc. Remember you only have to prove you sent it on balance of probabilities

Well that would all show the letter was created in the timeframe I said it was. But how would I show this in my witness statement?

If a judge was willing to look at it on the balance of probability then I'd be more than happy to take a chance on that. I certainly feel a bit better looking at it like that!

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What about the metadata within the document showing when it was created altered etc. Remember you only have to prove you sent it on balance of probabilities.

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Nem if you are using a wireless device rather than a wired one the overlap of the channels may be the problem.

[judgemental24]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Btian Carter likes it nice and easy. He hopes people do not defend (Head in sand) and gets a default judgement

He cares not one bit on correct procedure

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

You can't ask for a stay on the basis that you can't retrieve your records of having sent a previous CCA request. Surely you have a copy of the letter you previously sent, don't you? The Word document you printed off?

I will have a copy of the letter on my laptop. But surely just adding that to my witness statement as evidence is useless without having the proof of postage/receipt? I'll add it anyway

You would think that the courts would say to BC that they should provide all required documentation including CCA if they're going to court

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Yes get the CCA request in signed for post tomorrow at least the 12 + 2 Working Days time scale is not too long and if the agreement is not forthcoming then the debt is unenforceable until it is.

nem

My worry is the court date is in 10 days. That means that leaves them 4 extra. Hence why I thought I might get a stay on judgment.

I'm going to write my witness statement tonight. Any tips on what I should put in it?

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

The post room had a book that everything went into. I actually kept a lot of that stuff in there thinking it was the safest place to keep it (I'm a bit careless sometimes) but my dismissal came out of the blue. Literally after I'd put a full day in they called me in to say bye and told me to leave immediately for security reasons

It's not uncommon to do that when people are dismissed, when I was fired by a financial institution I was escorted out of the building and not allowed back even to collect my personal belongings. One of the managers picked up my handbag but everything else was left in my desk drawers for months and when it was posted back to me a lot of stuff was missing or damaged. That was back in 2003 but you never forget! A colleague of mine was simply terminated a year earlier (she was a temp) and another colleague who was tasked with sending the stuff back to her simply binned most of it because they'd previously fallen out.

This is why a CCJ would be a nightmare since a lot of places that would employ me as a software engineer would check my credit file.

CCJs are a matter of public record and, unlike defaults, access to that information is not restricted to companies able to access credit files. Anyone can search the CCJ registry upon payment of a small fee.

Having said that, it is possible to get a CCJ wiped off the record by paying it in full within one month.

If I whack in a cca request tomorrow could I ask for judgment to be stayed or delayed even? I know they can't provide this paperwork but I'm literally coming to pieces with this. It's making me edgy and snappy with my wife and I'm in a constant state of anxiety.

You can't ask for a stay on the basis that you can't retrieve your records of having sent a previous CCA request. Surely you have a copy of the letter you previously sent, don't you? The Word document you printed off?

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

The post room had a book that everything went into. I actually kept a lot of that stuff in there thinking it was the safest place to keep it (I'm a bit careless sometimes) but my dismissal came out of the blue. Literally after I'd put a full day in they called me in to say bye and told me to leave immediately for security reasons

This is why a CCJ would be a nightmare since a lot of places that would employ me as a software engineer would check my credit file.

If I whack in a cca request tomorrow could I ask for judgment to be stayed or delayed even? I know they can't provide this paperwork but I'm literally coming to pieces with this. It's making me edgy and snappy with my wife and I'm in a constant state of anxiety.

Yes get the CCA request in signed for post tomorrow at least the 12 + 2 Working Days time scale is not too long and if the agreement is not forthcoming then the debt is unenforceable until it is.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

That's what I was thinking, personally I would avoid contact on this matter.
Did you by any chance retain the signed for post receipts with the tracking
number on them?

nem

The post room had a book that everything went into. I actually kept a lot of that stuff in there thinking it was the safest place to keep it (I'm a bit careless sometimes) but my dismissal came out of the blue. Literally after I'd put a full day in they called me in to say bye and told me to leave immediately for security reasons

This is why a CCJ would be a nightmare since a lot of places that would employ me as a software engineer would check my credit file.

If I whack in a cca request tomorrow could I ask for judgment to be stayed or delayed even? I know they can't provide this paperwork but I'm literally coming to pieces with this. It's making me edgy and snappy with my wife and I'm in a constant state of anxiety.

[judgemental24]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I have had a double post twice today and i am on my home PC

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

It is customary to remove access to the company email system as soon as your employment ends for whatever reason. If you want to access information about you that may have been discussed in company emails (nothing to do with posting letters though), you may want to send them a SAR.

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I'm posting from the train using the 3G network and the signal isn't brilliant round here, that often causes double posts. :mmph:

We have a university on our doorstep sometimes I think the exchange here is too small to cope with the volume of internet traffic and delayed responses get repeated.

nem

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'm in a legal fight with them. They already won't give me access to emails on the grounds it contains sensitive information when it's just about spite.

I can ask but I really need to presume they will give me nothing

It is customary to remove access to the company email system as soon as your employment ends for whatever reason. If you want to access information about you that may have been discussed in company emails (nothing to do with posting letters though), you may want to send them a SAR.

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Double posts all round today!
Site problem??

nem

I'm posting from the train using the 3G network and the signal isn't brilliant round here, that often causes double posts. :mmph:

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Double posts all round today!
Site problem??

nem

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

No problem using facilities at the office. We were allowed to use the post room for personal reasons too. They're just not nice people and they made me redundant on the ground that my job no longer existed when it was for taking my paternity leave. I'd rather not go anywhere near them to give them any satisfaction from being awkward with me

Edit: Now you say it though, I'm worried they might say I used them without permission just to add something to their possible reasons to dismiss me

I note above that you are considering an unfair dismissal claim, I'd suggest starting a fresh thread in the employment area to deal with this, there's a few of us with a bit of ET experience. :grin:

Once they see themselves being the subject of a claim, respondents will try every trick in the book to get out of it, they lie on their witness statements and even right in front of the judge and make up whole events that never happened. :rant: :rant: If they get a written admission from you that you have used their postal facilities for persona use, they could well use that against you. They can easily deny that you were allowed to use them and who's going to say otherwise, people who still work for the company are not going to act as your witnesses. :mmph:

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

No problem using facilities at the office. We were allowed to use the post room for personal reasons too. They're just not nice people and they made me redundant on the ground that my job no longer existed when it was for taking my paternity leave. I'd rather not go anywhere near them to give them any satisfaction from being awkward with me

Edit: Now you say it though, I'm worried they might say I used them without permission just to add something to their possible reasons to dismiss me

That's what I was thinking, personally I would avoid contact on this matter.
Did you by any chance retain the signed for post receipts with the tracking
number on them?

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Is there a problem with the possibility you used company facilities for personal use?

nem

No problem using facilities at the office. We were allowed to use the post room for personal reasons too. They're just not nice people and they made me redundant on the ground that my job no longer existed when it was for taking my paternity leave. I'd rather not go anywhere near them to give them any satisfaction from being awkward with me

Edit: Now you say it though, I'm worried they might say I used them without permission just to add something to their possible reasons to dismiss me

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'm in a legal fight with them. They already won't give me access to emails on the grounds it contains sensitive information when it's just about spite.

I can ask but I really need to presume they will give me nothing

Is there a problem with the possibility you used company facilities for personal use?

nem