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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6138
Experience:  Solicitor
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I've got myself into abit of trouble and need some advice

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Hi I've got myself into abit of trouble and need some advice quickly
Customer: replied 1 month ago.
Basically I want to know if there is any way of getting help with fundamental dishonesty even though there was some horrible situations that were out of my control
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello my name is ***** ***** I will help you with this.

Can you please explain your situation a little more?

Customer: replied 1 month ago.
Yeah so basically, i was working with Wetherspoons a couple of years ago, i hurt my back lifting a bin bag into an unlit area, the area being unlit isn't the problem, I asked the other person who was with me in the kitchen to help with the bin bag and they didn't they sat down with the pub manager at the time at the bar and said if I do it she will get me a drink, thus for hurting my back, that night, I went to hospital and got signed off work and prescribed pain killers they're in my doctors file, so a couple of years go by and it still hasn't healed as it's the lumbar part of my back, so I take them to court, basically went to the court, my solicitor was 10 mins late for briefing, kept going in and out of the room we were in to talk to them, the court date had originally been moved from 1 date to the next due to overfilling the court rooms etc and the evidence which was denied which was a bin bag for that day was then allowed in on the next day of court, now the site I remember use white bags but these were black as a petty cash ones, the cctv isn't accessible for me because it's been over a year the same thing for a manual handling online course where you see the manager take the laptop off me and start doing it, so yeah basically they did me for fundamental dishonesty because in the court room I panicked when they brought up weighs and saying I can't lift a "heavy heavy" to which they all chuckled bin bag into the bin, I panicked about it so I lost the case all because of that, I don't think it's right atall? , not one part of my evidence was brought to light about my back being hurt so i can't hold my son for long periods of time etc and now I've been told it's getting dealt with at fundamental dishonesty and a 18k fine? Please can you try and make sense of this and what I can do? They want a 10k interim payment which apparently they see fit as a suitable deposit for bill of costs also I contacted them about a week and a half ago maybe 2 weeks and they said leave it to them and theyl get back to me Now they called today and said an dispute of costs has to be done by the 19th? I'm literally living on the edge of bankruptcy and it would have been nice to get some justice instead of a slap with an 18k bill, also I wasn't ever made aware by Russell worth that they could go for fundamental dishonesty until in the court holding room and they basically said they could still file for money anyway, if you want to call me my number is *****? I'm at work at the minute but will be done later ?

The Judge made a finding of fundamental dishonesty? I can call if you wish, but it is an extra charge.

Customer: replied 1 month ago.
Haha yeah the judge did and was basically mocking me when I said about the bag being heavy heavy, it's got to the point where I don't have 10k let alone 18k and can't source it anywhere from my friends, family or companies because of my credit rating and I can't afford a call literally , this whol3 situation has put me in depression, around the same time my girlfriend left with the kids abit earlier though and all of this if I'm honest is making me want to kill myself to stop how cruel it all is

Ok - all you can do is appeal that decision.

You can appeal if:

1) there was an error in law,

2) there was an error in procedure, or

3) the decision made was one which no reasonable Judge could have made.

Therefore you must appeal if you disagree with the decision. Otherwise, they can claim their costs.

You can also go to the Legal Ombudsman if Russell Worth did not point out the risks including Fundamental Dishonesty.

They are at: http://www.legalombudsman.org.uk/

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Could you explain in as much detail each one of the rules etc please, you have helped alot atleast I have some ammo to use but would like a bit more detail if possible, also what can the ombudsmen do and is there anything I can say to them to delay them abit so I can give them a dispute of costs I'm happy with?,

Yes. You can ask the Court to assess costs, if they didnt already do so.

All you can appeal is on the grounds that the decision made was unreasonable.

You need to complete form N161:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n161-eng.pdf

Does that assist?

Customer: replied 1 month ago.
Yep that helps alot thankyou
Customer: replied 1 month ago.
Can I keep you on hold please?

The question does not close when you rate, you can still ask me things.

It just means I get paid.

Customer: replied 1 month ago.
Ok great

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Nope nothing further today I'll be in contact soon and I'll rate you now thankyou so much you've put my mind at ease abit

Thanks

Customer: replied 1 month ago.
Just a quick one aswell, in relation to what we've discussed, is there any help available because of mental illness and stress, and can I go to prison for it?

Yes you could go to prison if the Court refers it to the Police, but that is unlikely.

If you are at risk of prison then you may be entitled to legal aid.

Customer: replied 27 days ago.
Hi Jamie, just another quick one, basically in the court files, it was to do with a bin bag being used that wouldn't support the weight of what I said under they're company standard bin bags of 25kg etc, now I know there's bin bags that are 50kg, I distinctively remember them being black bags, however that's not able to be argued, the reason for my question is, say the court date was the 25th of March, something was put forward a week before that court date, and was refused by the court, then all of a sudden my court date got changed because they overfilled the court, to let's say the 24th August etc, and then all of a sudden the bin bag statement was allowed in and an actual bin bag was brought in to the court, were they breaching any rules because it was technically the courts fault due to overfilling or am I clutching at straws here, also do you happen to know that if they use digital cctv where the footage gets held and for how long? Please advise at your earliest convienienceKind regards
Adam
Customer: replied 27 days ago.
In regards ***** ***** petty cashing of a purchase, they use the Aztec system the same as where I work now, surely that purchase would be recorded and filed always for P&L

usually held for a year, but I think clutching at straws