Claim is stayed and will be struck out - incompetent judge!

[SpringerSpaniel]

Re: Claim is stayed and will be struck out - incompetent judge!

I agree with teaboy2

[hume]

Re: Claim is stayed and will be struck out - incompetent judge!

The College I'm referring to in this thread is the CITB (Construction Skills) and the course I took was the A40 Slinger\Signaller course.

I had to pass the health and safety test which cost me £17.50. In order to get a CSCS card you need to pass this test and send your pass certificate to Construction Skills with £30.

If you go on the jobcentreplus website and do a search for labourer you will find all labourers need the CSCS card. I applied a month ago and the application was returned and they said they couldn't process the application because they thought my signature was photocopied (total BS as it's clear as day it wasn't). Anyway I resigned where they indicated I should and I resent it (recorded delivery).
They have now rejected it because they say I haven't sent payment. Even though my first application was accompanied by a cheque and the test pass certificate, neither of which were returned with my application.

I'll make the payment via debit card, so there's proof of actual payment but I think they will then say I didn't send the certificate...

How long can they pull this sh**? Would trading standards get involved?

Here's an insight into the construction industry

http://www.lifting-world.co.uk/forum...hp?f=20&t=2759

Hi Heffo

This is an extract from the document in the link I posted.

"Recent press reports concerning the activities of the Consultancy Association. This organization has been raided by the Information Commissioner’s Office and found to be holding a blacklist of some 3,200 workers in the construction industry."

To establish whether you have such a claim you should first ring a special number provided by the Information Commissioner from 9.00 am onwards on 16 March. The numbers to call are 08456 306 060 and 01625 545 745. you will be asked to give their name, date of birth and national insurance number. The Commissioner’s Office will then search the Consultancy Association’s database.

I would urge anybody who believes they may be on a blacklist to ring these numbers.

tcla

[SpringerSpaniel]

Re: Claim is stayed and will be struck out - incompetent judge!

You might involve Trading Standards

[teaboy2]

Re: Claim is stayed and will be struck out - incompetent judge!

Also check to make sure if they cashed your cheque originally or not - if they have and are saying no payment was recieved or they cashed it after you sent your second payment then you may have a case of fraud against them too.

[hume]

Re: Claim is stayed and will be struck out - incompetent judge!

I recently paid for the CSCS card over the phone and was finally sent the CSCS card.

The strike out hearing is scheduled for the end of next month.

The Defendant is asking for costs and a summary judgement.

I want to present a case for estoppel by representation of facts.

Here is a point raised in the defence.

1. The practical test involved the Claimant providing instructions to a crane operator for the lifting and moving of a load. In the construction industry, lifting and moving loads by crane is a potentially dangerous task. The reason the Defendant provides this training is to ensure that those who pass the test are able to undertake it safely. Accordingly, it is imcumbent on the Defendant to ensure both that only those who carry out the task safely pass the test, and to stop tests should they become unsafe.

for completeness I will post the complaint I made to the Defendant, 2 days prior to the test.

Hi *Defendant's employee*,

I recently purchased a slinger\signaller course, which I've started. I would foremost like to thank yourself and my instructor. Both of you have made the decision (to take the course) the right one. however the crane driver for the course (name) is very erratic. he chooses when to follow my instruction. sometimes he won't carry it out in the correct manner and sometimes he'll slew the load in such a way as to make the task harder, if not impossible.
The instructor (name given) has spoken to him regarding this matter and my practical instruction improved greatly.

I've written to you just to make you aware of events and as documentation for future reference.

Yours sincerely

My rationale for estoppel is this:

The Defendant has stated the lifting and moving of loads (under instruction) is potentially dangerous. It follows the failure to comply with those instructions is equally dangerous. The Defendant has already confirmed it took no action in relation to my complaint. The defendant can't put forward a safety defence (in relation to the test) when it has ignored a breach of safety.

The Defendant has established the crane operator lifts and moves the load. If this is done while ignoring instructions it follows the crane operator was performing the test on his own volition.

Question: Can I ask the court to strike out the defence's arguments?
What result would this have?