AUSTIN LAFFERTY - Laying down the law

QI am currently absent from my work with a breathing disorder.

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I was more than likely exposed to something in the air at my work.

I was off for some months, though came in from time to time. I got paid when I came in but not when I was off.

I don't know if or when I will get back to work and am not currently being paid. Do I have a claim for my unpaid wages?

A If it can be proved medically that the illness was caused by exposure at work, then you may be able to claim all losses including loss of earnings past and future.

See your doctor and ask to be referred to a specialist for diagnosis. Also consult a claims solicitor, who will explain the process of making a legal claim.

Remember that you have to complete the claim or get a court action started no later than three years from when you discovered the illness might have been work-related.

This is called the time bar and it is crucial you avoid that.

Q I have seen a house I want to buy and thought that I was the only person interested. However, the estate agents have called to say there is another note of interest and they are setting a closing date.

Do I have a right to know if the other party is definitely making a counter-offer to mine?

A No. The closing is set so both parties can offer or not as they choose, but it also means the sellers have not just accepted the other offer and not given you a chance to put in a bid.

The written legal offers should be kept closed until the due date and time and then opened together in the estate agent's office – but without the prospective buyers present.

The seller is free to choose the offer he wants, even if it is not the highest.

Q My son says I cannot disinherit him. Does he have an automatic share of my property when I die even if I make a will cutting him out?

A All children have an undefeatable legal right to claim on their parent's estate whether there is a will or not.

However, that claim is only over the moveable estate (ie bank accounts, savings, jewellery etc – and NOT the house if this has been willed away) after debts have been paid and any surviving spouse has been paid out first.

Q I bought a new bed. Four weeks and many e-mails later it finally arrived, missing three parts. We asked to cancel our order for £615.97. The supplier refused unless we paid a 30% charge. I paid for the bed with my credit card. Trading Standards have advised me that the card company should refund under The Credit Agreements Act.

A You'll need to take court action to sue the credit card company for the refund. You will have to pay your lawyer to start it, but you would expect to recover your court costs on success.

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