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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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my friend cancelled his JSA claim today and has appointment booked with his ingeus advisor tomorrow, he has asked me if he can still get sanctioned for not attending as he is switching from JSA to ESA? sorry to keep going on but he keeps asking me.

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Well there is no JSA to sanction as its now closed, I dont believe a new ESA claim would be sanctioned as the JSA agreement doesnt apply to ESA?

 

thanks, he still hasn't put in a claim for ESA yet as he couldn't get an appointment with his doctor till this friday. i didn't think he had an agreement if you are on ESA :/

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tI didn't think he had an agreement if you are on ESA :/

 

A different set of rules apply for ESA claimants. You are correct in thinking that the JSAg does not apply. However, (I'm pretty sure) he will still have to attend mandatory Work Programme appointments unless he gets put in to the support group (unlikely).

 

But as his JSA claim is now closed and he has yet to apply for ESA, no benefit doubts or sanctions could be imposed for missing today's appointment - I assume he has notified the "adviser" at Ingeus that he is no longer claiming. If he hasn't, they would still go through the motions even if it is a pointless exercise on their part.

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A different set of rules apply for ESA claimants. You are correct in thinking that the JSAg does not apply. However, (I'm pretty sure) he will still have to attend mandatory Work Programme appointments unless he gets put in to the support group (unlikely).

 

But as his JSA claim is now closed and he has yet to apply for ESA, no benefit doubts or sanctions could be imposed for missing today's appointment - I assume he has notified the "adviser" at Ingeus that he is no longer claiming. If he hasn't, they would still go through the motions even if it is a pointless exercise on their part.

 

he told his advisor via email that he had canceled his JSA claim and won't be attending the appointment, he hasn't heard anything back from them. his has not yet applied for ESA so does that mean he's no longer considered as been on the WP? also i don't understand ESA so im guessing he'll be put in WRAG :/

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Mr P is right, he will still be on the WP.

 

I have no idea what the WP will do to your friend whilst he is on ESA assessment rate, can people on ESA assessment rate be sanctioned is the question?

 

how can somebody be sanctioned on a claim they haven't even made yet? the jobcentre asked if he would be going onto ESA and he replied yes but he hasn't called them to make the claim or filled out the form and sent it off to apply yet.

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i friend received a 'good reason' letter today because he did not attend an appointment with his advisor on 25th February, he canceled his JSA claim on the 24th so basically this letter been sent is a waste of time as he currently has no claim running to sanction..or will be be sanctioned if he makes another claim? :/

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He should fill in and return the "good reason" letter within the next day or two and simply state:

My claim for JSA was closed on the 24th Feb. As a consequence, there was no mandatory, legal, or moral obligation to attend the appointment with Ingeus on the 25th Feb.Please confirm that this vexatious benefit doubt is rejected and removed from your files at the earliest opportunity.
The DWP may respond with "we will keep this doubt on file for months", but hopefully your friend's response will also be noted.Would suggest he keeps a copy of the letter he sends - I'd also suggest he hands it in to his local (ex)JCP office and get a reciept for it.

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A sanction cannot be applied in respect of a day where no claim was made. He closed his JSA on 24th and has not yet made an ESA claim. So, probably best if he starts his claim from the 26th or later, and as Mr P suggests write to the DWP and keep a copy of all letters sent and received in case there is a problem in the future.

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A sanction cannot be applied in respect of a day where no claim was made. He closed his JSA on 24th and has not yet made an ESA claim. So, probably best if he starts his claim from the 26th or later, and as Mr P suggests write to the DWP and keep a copy of all letters sent and received in case there is a problem in the future.

 

ok i'll let him know, so he could be sanctioned the moment he makes his ESA claim? :/

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ok i'll let him know, so he could be sanctioned the moment he makes his ESA claim? :/

 

I don't think so, no, but it's a slightly unusual situation - that's why it's best to keep a paper trail.

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mr friend received a text from the jobcentre saying 'we have received your claim to ESA. we will contact you with a decision. you do not need to contact us.' he wants to know if its possible he will be refused ESA?

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mr friend received a text from the jobcentre saying 'we have received your claim to ESA. we will contact you with a decision. you do not need to contact us.' he wants to know if its possible he will be refused ESA?

 

If he has a med cert he should not be refused ESA in the first instance. After a couple of months he will be referred for an Atos medical and that's where the problems could start. But to start with he should be OK.

 

Edit to add - the only exception to this is if the med cert specifies something that the DWP does not recognise as an "incapacity". This isn't usually an issue - things like depression and anxiety are fine. The most common things I used to see on certs that I couldn't accept were "pregnancy" and "bereavement". You haven't mentioned him being bereaved and I'm guessing he's not pregnant.

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If he has a med cert he should not be refused ESA in the first instance. After a couple of months he will be referred for an Atos medical and that's where the problems could start. But to start with he should be OK.

 

Edit to add - the only exception to this is if the med cert specifies something that the DWP does not recognise as an "incapacity". This isn't usually an issue - things like depression and anxiety are fine. The most common things I used to see on certs that I couldn't accept were "pregnancy" and "bereavement". You haven't mentioned him being bereaved and I'm guessing he's not pregnant.

 

 

yes his claim had a sick note from his doctor with it, he also sent them a P45 he got for closing his JSA claim although im not sure if that was needed :/

 

no he has been bereaved lately and as far as i know he's not pregnant lol

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No harm in sending the P45 - it shouldn't be needed to process the claim, but hell, better to send more information than is needed.

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No harm in sending the P45 - it shouldn't be needed to process the claim, but hell, better to send more information than is needed.

 

thats very true as it evidence the JSA claim has been closed, as the jobcentre have text him does that mean his claim is been processed?

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Not sure - didn't do that when I worked there. I suspect it means that the claim has been received but not actually processed.

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Not sure - didn't do that when I worked there. I suspect it means that the claim has been received but not actually processed.

 

i have noticed they seem to send texts quite often now as my friend also got one when he sent a JSA 28 to them last year.

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can anyone tell me if am correct if i was to get a sanction again and i had not had a sanction for 2 year and even that i got my money back would i only get a 4week sanction am speaking about as if i was not keen on the job after a information session plus it was not a must take it and was not a letter saying u must apply for this was a attend information session at ingeus bla bla bla

if u want more info to help u with my question then say but am hoping u understand my questions

thanks

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refusal/failure to apply for, or accept if offered, a suitable job without good reason can result in 13 weeks sanction. is that if the job centre offer u a letter with a job on it to apply for ? and not training course as my adviser sayed they dont sanction u for not taking the job only way i would get sanction as if the job centre offered me a letter with a job on to apply for.

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refusal/failure to apply for, or accept if offered, a suitable job without good reason can result in 13 weeks sanction. is that if the job centre offer u a letter with a job on it to apply for ? and not training course as my adviser sayed they dont sanction u for not taking the job only way i would get sanction as if the job centre offered me a letter with a job on to apply for.

 

Yes - if you're "matched" to a job by a JSA adviser then you can be sanctioned if you don't apply. You could also be sanctioned if you don't attend training courses you're referred to by the Jobcentre. If you're on the Work Programme, the Jobcentre won't refer you for courses but your WP provider might.

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