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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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a few hours work while on JSA


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Hi,

 

Sorry if the title doesn't explain properly, I wasn't sure what to put.

 

I've recently been made redundant and have just started claiming JSA.

 

The company I worked for want me to do some work for them, but it is only about a day work and want me to invoice them for doing it, so I won't actually be employed by them, I will in all essensce be doing the work as self-employed. I'm happy to do this work, but I haven't a clue what I need to do to make this legal, since any money I receive will be paid directly into my bank account. :-?

 

As much as I want to do this work, I don't want to go getting myself a criminal record or anything like that either.

 

There is a chance I will be asked to do more work for them in the future, but again it will only be a day here and there at most.

 

Can anyone please give me some advice ?

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The rules for working whilst on JSA cover both hours and pay. You can only work under 16 hours and any pay must be declared and knocked off your benefit pound for pound, so for you odd days working may well be a bit pointless.

Your other problem is the selfemployed aspect. If you are classed as becoming self employed you will be disallowed JSA. The legislation treats gaps in employment for the self employed as "part of the normal course of work" and they cannot claim in between contracts. Each time you did some self employed work all the details would go to a dec maker to decide if you are to be classed as self employed or not. You might get away with the first time as a one off, but the more you do the more likely it is they would class you as a self employed worker.

Each of these dec takes time and delays benefit (if it is reawarded). To be honest is it worth doing the odd day. Probably better putting your energies into finding a full time job elsewhere.

 

good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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You have to inform the Jobcentre if you intend to work, even for a day. If you don't tell them and they find out, they will stop your benefit immediately and you could also be left open to the wrath of their fraud department.

 

If they decide to stop your benefit because you are working, you can do what I believe is called a "rapid reclaim" in order to avoid going through the entire lengthly claims process every time you work for a day. HOWEVER - I believe that self employed people are AUTOMATICALLY refused JSA, so please do bear this in mind

 

The best thing to do, is to give them a ring and ask how it would (hypothetically) work in your individual circumstances, as individual circumstance can vary from one claim to another. Also ask if a rapid reclaim would be possible. I don't know enough about benefit to be certain about this.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks for your reply, Ali.

 

I am concetrating on finding a new job and have a couple of irons in the fire as we speak. Might just decide to do the work as a freebie, since I can do it in the house at my leisure, so won't interfer with my job seeking :o)

 

I guess once I've got a new job, it'll be alot easier for me to help them out and be classed as self employed, since I can do everything they ask from home.

 

Thanks again for your advice

 

Erika, thanks for your advice too :o)

Edited by sb_uk
adding a thank you

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Latest Photos - Metallica at the MEN Arena

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No probs, I used to work as JSA processor. BTW the rapid reclaim is just a shorter form (and you don't have to go through the phone claim at the start), it doesn't always mean the claim will be more quickly processed (although as they are usually fairly easy to process alot of staff would pull these out and do them first to push up you daily processing figures-yes we had daily targets lol). To qualify for a rapid reclaim the new claim must link to your previous claim (less than 12 week gap) and have no majors changes in circumstances since the last claim.

 

good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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  • 9 months later...

I realise this is a little late in the day for the point that was initially raised BUT if you are doing SELF EMPLOYED work you need to notify the Inland Revenue within 3 months of starting or you will be fined (£100 at the last check). You will also be subject to other classes of NI contributions which you will pay by direct debit and depending on your earnings, you may qualify for a refund for these if you are a low earner. Having done that, if you are still claiming JSA you are duty bound to inform them of the hours & pay.

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