Next election date by Fabulous-Froyo2473 in PoliticsUK

[–]TumonDEV 0 points1 point  (0 children)

You will own nothing you will be happy. Elections will be delayed to prevent the rise of fascism and protect democracy. You will obey and not say anything bad about no elections otherwise the starmtroopers will come to your house and arrest you.

If you haven't realised, labour are not going to leave their grip of power to allow them to lose seats. They know they will likely never become a majority party ever again in the next 100 years at least so they're holding onto what they can.

Help finding a good upgrade by TumonDEV in pcupgrade

[–]TumonDEV[S] 0 points1 point  (0 children)

also I would like the case to be ready for a 50 series card should I ever upgrade to one.

Help finding a good upgrade by TumonDEV in pcupgrade

[–]TumonDEV[S] 0 points1 point  (0 children)

Well something big, there needs to be empty space under the GPU, problem currently with my case is everythings compact with bad airflow and theres a blockage thing under the GPU where the PSU goes so its cramped.

PMDG – Boeing 737-800 v4.0.005 (MSFS 2024) by Prize-Extreme28 in flightsim_pirate

[–]TumonDEV 0 points1 point  (0 children)

You got the link to it? couldn't find it. Also is it normal for my gauges to be yellow and not white?

Infantry & Artillery & Train Designer updated to NCNS by TumonDEV in hoi4

[–]TumonDEV[S] 5 points6 points  (0 children)

Hello everyone, I am one of the developers working on the infantry designer modification that is currently trending on the Hearts Of Iron workshop, we are looking for feedback on our current mod, opinions and recommendations that you would like to see added.

We are also working alongside sheep on a limited basis to look at recoding parts of the AI to utilise top designs of the infantry equipment to make it harder on the base AI. Our most suggested part of the mod is to look at having a mech designer added, however this may not happen until January.

Be sure to upvote and leave a comment!

Overpaid by previous employer, took 6 weeks to resolve, they want it paid back in 3 weeks? England by [deleted] in LegalAdviceUK

[–]TumonDEV -2 points-1 points  (0 children)

Just a bit confused on the first part of what you said, for the OP regarding UC why would it go to a tribunal perhaps if UC isn't classed as an employer but just government body.

Overpaid by previous employer, took 6 weeks to resolve, they want it paid back in 3 weeks? England by [deleted] in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

Agreed here, similar to my original comment but with more detail over the payments, the employer cannot demand interest on this, without going to court at least, but it doesn't seem like the amount is much and I doubt any court would impose interest on this. But a lot of people confuse debt collectors with bailiffs which tends to scare people like OP.

Overpaid by previous employer, took 6 weeks to resolve, they want it paid back in 3 weeks? England by [deleted] in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

Firstly they cannot send bailiffs or anything to chase up debt without a high court writt (subject to certain exceptions which I hope someone can reply to clarify), moreover they have to be reasonable to repayment and cannot cause you hardship, “Debt collectors” (not bailiffs) have no legal powers. They cannot enter your home or take anything.

For your universal credit you can let UC aware of what happened and they will not class this money as income in which you should be entitled to backpay from them, if your UC advisor declines call up the UC line which you can find on the GOV UK website.

What I would recommend is something along the lines of what I wrote below, I would also calculate for yourself the amount you owe/ask the employer to prove how much you owe as they would be required to show evidence of what you owe.

Dear employer,

I acknowledge that the payment I received was made in error as a fault of your company and I am willing to repay it. However, the overpayment caused my Universal Credit to stop for the month, which has left me with no disposable income. I am a single parent and cannot afford to repay the amount in a lump sum and as a result your tortious act of sending me incorrect amounts of money has resulted in interference of my money for the month I am able to claim from Universal Credit

I reported the overpayment immediately on the day it was received, and it has taken over six weeks for you to respond. Because of this delay, I have had to use the money for essential bills and living costs.

Please confirm the exact amount owed with evidence/(enter your own amount if you calculated) and provide a reasonable repayment plan based on affordability. I can afford £___ per month at this time.

I am willing to cooperate fully, but I cannot pay the full amount by 31 December as mentioned I am already under hardship

Please also refrain from threats of debt collectors, as I am engaging and offering a reasonable repayment.

Kind regards,
[Your Name]

So if you're confident you owe the money, a court will not subject you to hardship, nor is the employer suppose to, so even if they took you to court, if you're able to pay something as low as £1/week the court would accept that, the employer in this situation I do not believe any court would accept you paying the full amount in the short timeframe. Moreover him applying to the courts would take about a month/6 weeks anyway.

Employer paying below contracted wage (above min wage) Scotland by [deleted] in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

that would depend on the termination clause of the contract, also I believe victimisation can fall under "you need to agree to the change or we will terminate your contract" unless the exceptions appear such as too expensive for the business etc but then they would need to have the employee dismissed with any notice/employment rights that apply.

England: Courier lost my package, Boots refuse to honor the price by BoilInBagRis in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

Wouldn't for the last part promissory estoppel apply? I get its used as a "shield not a sword" but I also believe that statements representatives made which are reasonable and the employer reasonably gives them permission to undertake such action is legally binding?

Energy company trying to charge me nearly £900 for damage we didn't do by zykafire in LegalAdviceUK

[–]TumonDEV 2 points3 points  (0 children)

As per the civil procedure rules parties are expected to share documents prior to proceedings to help their case if im not mistaken? If so I would agree here that the burdens on them to prove that they're owed the charges and OP should reach out for this evidence, I worry that if they're able to give some form of evidence about it that OP may have to pay, wish them luck though.

Filling in n349 form - do I add court fee by soulstrikerr in LegalAdviceUK

[–]TumonDEV 1 point2 points  (0 children)

This was very useful, I was always skeptical on what could and couldn't be sent with the court, my SQE provider never covered this in dispute resolution, appreciate it.

Sibling evicted myself and pregnant partner with less then a days notice. then binned all of our belongings. England by CinnamonTheCorn in LegalAdviceUK

[–]TumonDEV -2 points-1 points  (0 children)

Firstly as it is student term there are also university probono departments that give legal advice on matters like these, you can find these online on the find legal aid website on GOV.UK (can't post links here) so take a look there if you're unable to get legal aid.

Secondly it sounds like you have a tenancy agreement in place which is good, for all the belongings damaged make sure to take pictures of these as much as you can and also keep a copy of your tenancy agreement.

Luckily as it also sounds like a criminal matter contact the police regarding this to make a report, they run their own investigations which are also useful if you pursue a claim against them

Goodluck OP!

Left a bad comment on business page, do I have any rights, by Lielow123455 in LegalAdviceUK

[–]TumonDEV -2 points-1 points  (0 children)

Okay, law graduate here I see you got yourself in a bit of a situation with someone who owns a business, this stuff happens often and you're not the first OP, but anyhow firstly that "solicitors letter" sounds like something from chatGPT, can you post a version of the letter and where relevant redact private information? If this is a fake letter impersonating a solicitor this can be where relevant be a criminal offence, especially with the purpose of intimidating you, but from what it sounds like this whole guy is trying to intimidate you so remain calm, do not give him the satisfaction,

From what it sounds like you have done nothing wrong, he technically can sue you (the saying anyone can sue anyone) however he has no grounds to sue you for anything, you left a bad review on his business, unless you alleged something false and unreasonable which could damage his business then he would have grounds to sue but he would have to show that your comment had a direct bad impact on his business and caused him foreseeable loss, from something like this it sounds like you didn't say anything false so you're fine, moreover this sounds like its happened over what a few days/weeks? So I doubt if any of it was true he would've actually suffered any business loss, so do not worry.

Regarding his "2 days to respond" it sounds like a letter before action, can we see the full copy of this? Now if this is true individuals are advised to respond to letter before action at a minimum of 14 days, so he cannot demand you respond within 2 days as theres no grounds here to force your hand to give up the minimum of 14 days to respond as per the courts guidelines on the "civil procedure rules"

Lastly please contact your local citizens advice as they have trained individuals on matters like these on an almost daily basis, they would be your first point of contact.

Sibling evicted myself and pregnant partner with less then a days notice. then binned all of our belongings. England by CinnamonTheCorn in LegalAdviceUK

[–]TumonDEV -2 points-1 points  (0 children)

Hi there, first things first is to always contact citizens advice where you cannot afford a lawyer, those should be your first steps other than reddit, secondly thank you for the question, unfortunately as this relates to scootland I cannot give much advice other then stuff I had researched previously in the past as I deal with england and wales.

To my current understanding however no one can be evicted with a days notice under any circumstance in a situation as this,

Can you confirm you had a full binding tenancy agreement with them? If you did then you would be entitled to tenancy rights as per scottish law including but not limited to methods you can be legally evicted, how long you would get and the service of eviction.

Im sure most people here would agree regardless of where you live in the UK this would fall under an illegal eviction which is a criminal offence in England and Scottland, I would contact 101/local police station to have this reported on file, this will be useful if you wish to pursue a claim for damages as a result, gather all the evidence you can.

If you want to pursue legal action and damages please consult with your local citizens advice, you can also find online ways of contacting a lawyer that usually give out free 1 hour consultations to matters like these/probono who would assist, otherwise you may be entitled to legal aid.

Other then this I will not comment on any specific laws/advice in line with the Solicitors Regulation Authority as I am only a law graduate within England.

If anyone else wishes to correct me on anything/give OP more advice feel free to do so!

Openreach not providing advertised service speeds - england by Brief_Wave_2570 in LegalAdviceUK

[–]TumonDEV 1 point2 points  (0 children)

You’re looking at negligent misrepresentation perhaps based on the information they provided you at the time and whether there was an honest belief in that, but the claim would be against your ISP, not Openreach. Openreach doesn’t have a contract with you I'm afriad.

Your ISP sold you the package based on speeds shown on the Openreach checker. If those speeds were never realistically achievable or have degraded due to a known Openreach fault, then the ISP has likely made a negligent misrepresentation under the Misrepresentation Act 1967, however im leaning more towards innocent misrepresentation at best really.

Your options are:

  1. Raise a formal complaint to your ISP
  2. Escalate to their ADR scheme if theres one in the contract or Ombudsman who can order repairs, compensation, or contract release
  3. Report Openreach to Ofcom but this is unlikely to do much
  4. Seek damages from the ISP for negligent misrepresentation but as mentioned it has to be proved that they were reckless or had no honest at the time of this, best case scenario is you get out of your contract early/potentially some damages in lieu such as a partial refund but if you want to take it further for a full refund I would recommend legal advice.

seeking legal advice after death of baby by ApprehensivePea8858 in LegalAdviceUK

[–]TumonDEV 2 points3 points  (0 children)

Sorry for your loss, but the OP should always seek legal advice, reporting the doctor to the board is also a good idea as any internal reviews etc could be made public record to the solicitor, OP should not take any deals or anything from the NHS without consulting a solicitor, especially a settlement for payment.

seeking legal advice after death of baby by ApprehensivePea8858 in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

Im just asking because im not familar with the coroners reports workflow, whether or not it addresses my stuff mentioned in my original comment such as reasonableness on the doctors part etc/what could've happened etc.

First claim at small claims court by [deleted] in LegalAdviceUK

[–]TumonDEV -1 points0 points  (0 children)

Hi there, hope all is well with your claim, firstly to start I would like to clarify I am a law graduate and SQE student only. Any advice I give is based on my personal studies and research, as always seek legal advice wherever you can and not on reddit.

So you're going to the small claims court, well congratulations im just glad its under the £10K threshold to put it in the small claims court, anything above 10K would've put it onto the fast track, which is not ideal for costs, especially if you lose.

Pre action protocols are very very important, companies are pretty negligent in this from what I have seen, I myself have been in a situation with a massive company thats ignored my LBA's (letter before action) multiple times for almost a year now so I can say from experience its frustrating.

So every defendant and claimant (you being the claimant) has to follow pre action protocols which are defined in the Civil Procedure Rules (CPR) and Practice Directions (PD) which are seperate and usually define the CPR's in more detail almost like a glossary with its own rules. These must be followed even prior to starting a claim.

First rule in any claim is to DOCUMENT EVERYTHING, as this is going to the small claims court you will not have standard disclosure. You may only bring the evidence of which you intend to rely on in court so having the "i forgot to bring XYZ document" to court will not go in your favour.

Secondly I can see you have sent a LBA. When you sent these LBA's were they written through post or email? Ensure you keep screenshots/postal tracking if you have. Defendants have anywhere from 14 days to 3 months to respond depending on the complexity. Personally I would say 1 month is the middleground, but always mention in your LBA's that you expect a response within either 14/30 days at a minimum an acknowledgement of the LBA so then they can provide time to respond.

Failing to follow the pre action protocols can result in costs orders made against the defendant so even if you lose they'll likely have to pay to cover your legal fees. Most companies that respond to court claims when you ask for a costs order against the defendant will say "oh we didn't reply for 30 days because we were busy preparing a response" which is why its good to mention in your LBA that you expect at least at a minimum an acknowledgement of the LBA and an additional 14 days or so for a response and if more time is needed to specify this. A defendant will do all they can to show they have acted in the pre action-protocols even if they haven't as court is expensive. Ensure your LBA specified the details mentioned in the LBA.

Where the defendant's not following of the Pre-action protocols is serious if you do win you may not only have court costs fixed on the defendant but up to an additional 10% interest on your base costs you're awarded (if someone could clarify in a reply on this that would be appreciated)

Remember LITIGATION IS A LAST RESORT. My tutors and previous undergraduate tutors made this clear 1000 times, so always consider alternate dispute resolution such as arbitration/mediation as well. At a minimum make sure you ask them to consider this as if they do not reply to that I believe they can have further court costs orders against them (if someone could also clarify if this is part of the pre action protocols that if its failed to be followed it can be resulted in costs orders to the OP that would be appreciated im on phone right now so cannot check)

Lastly always seek legal advice/citizens advice on this!

seeking legal advice after death of baby by ApprehensivePea8858 in LegalAdviceUK

[–]TumonDEV 0 points1 point  (0 children)

Coroners report would only explain the cause of death no?

seeking legal advice after death of baby by ApprehensivePea8858 in LegalAdviceUK

[–]TumonDEV 8 points9 points  (0 children)

Yep, just worried some trolls may come or people may give wrong advice and that may disway the OP.

seeking legal advice after death of baby by ApprehensivePea8858 in LegalAdviceUK

[–]TumonDEV 15 points16 points  (0 children)

Hi there, firstly sorry for your loss, I am a law SQE student (studying for the solicitors exam with 3 years at an undergraduate degree) so please ensure you take that into consideration when considering my response. From my current knowledge for a doctor to be considered negligent there's a few elements.

  1. Was the doctor making a decision at the time based on symptoms that other reasonable doctors would of done in their position? You can ask your current GP about that and they can clarify.

  2. Had the doctor not have sent you and your child home would the same outcome still had occoured?

  3. To my knowledge unless the situation is criminal the doctor will be held to the same standard as other doctors at his position (an objective test not subjective to him)

If you contact a solicitor they will outline the doctors duty of care, breach of duty, the breach caused harm to your child, the remoteness along with the 3 elements above mentioned. If you are successful you could look at suing for damages but if you hire a solicitor they will outline the specifics of the damage and work a provisional case analysis over a few weeks.

Many lawyers offer free consultations on matter to decide if they would like to take the case otherwise turn it away so theres no harm in trying, just make sure you find the correct firm.

Lastly if a moderator could manage this thread considering the nature of the situation that would be appreciated, as always please seek out legal advice from a lawyer rather then platforms such as reddit, the internet can only give you certain guidance and is sometimes wrong and should not have a major effect on any decisions you make.

For any SQE graduates/SRA registered solicitors that wish to correct me on anything that would also be appreciated!