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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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The Health and Work conversation coming to an ESA claim near you soon!


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So with the imminent closure of numerous Job Centre Plus offices around the country, there will also be the rollout of the new spangley, fandangley and utterly spiffing Health and Work Program.

 

iirc as well as being mandatory for all WRAG, it will also encompass mandating people in the Support Group to appointments for a discussion on how they can help.

 

Amazingly 'by leaving me alone to get better' is seen as to negative by the DWP Nudge Unit so we're all about to have to have something called a Health n Work conversation at one of the few (harder to get to) JCP offices remaining.

 

All you need to know is encompassed in this Rightsnet thread on the subject https://www.rightsnet.org.uk/forums/viewthread/11020

 

Apologies to Mr Manville for completely bastardising and ripping off his good work but it's for a good cause :whoo:

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Interesting to note that the system, like that for claiming PIP, only allows for contact with claimants via the phone.

 

Also interesting to note that they are relying on a description of the claimant's condition presumably copied from a fit note to decide how ill they are and if they might be exempt or need a deferral. Given that an apparently straightforward diagnosis, e.g. depression, could cover anything from mild to suicidal, I'm not convinced that is a robust system.

 

Nearly 10 years after ESA was first introduced, DWP have still not got their heads around the fact that not all disabled people can use the phone because ......wait for it ..... roll the drums .....some disabled people have a disability!!!!!! It really is appalling and severly penalises some claimants - for example, the guidance says that if they can't make contact by phone they should write to the claimant, the letter no doubt being despatched via their usual abysmal delivery service which takes 4 - 6 days, but only gives the claimant 7 days to respond, presumably by carrier pigeon since that's likely to be the only way fast enough.

 

Just thinking also that if the reason they couldn't reach the claimant by phone was that they were in hospital, then there's a pretty good chance of someone being sanctioned for failure to attend when they didn't even get the appointment.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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These things supposedly take place before you're put in a group and therefore when they have no idea of how sick/disabled you are nor how likely you are to improve, they should be done at about 4 weeks into a new claim.

 

I do wonder how long it will be before existing claimants are 'invited' to participate.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I thought they couldn't mandate those in the support group to do anything?

 

The HWC is about being able to mandate new ESA claiments to a WFI before the claiment is placed into a group(before the WCA), or put another way, to be able to sanction ESA claiments ealier.

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The HWC is about being able to mandate new ESA claiments to a WFI before the claiment is placed into a group(before the WCA)' date=' or put another way, to be able to sanction ESA claiments ealier.[/quote']

 

Or a novel idea perhaps it's so they can review the illness to stop further unnecessary intervention down the line.

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Or a novel idea perhaps it's so they can review the illness to stop further unnecessary intervention down the line.

 

"Review the illness" should not be made by a work coach/JCP (NOTE: The illness does not need to be discussed, giving such information by the claiment cannot be mandated)

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"Review the illness" should not be made by a work coach/JCP (NOTE: The illness does not need to be discussed' date=' giving such information by the claiment cannot be mandated)[/quote']

 

I didn't mean medically, review can mean numerous things.

 

As in the work coach meets the person, looks at the reason the person is claiming as it's already on the system, so they already know why you are claiming anyway, so that they can better advise the customer and maybe not waste future time calling that person in for pointless activities when say they claim for example a brain injury etc were improvement is pretty much not going to happen. Get it sorted from the outset and it solves a lot of the current issues.

 

Alternatively we could just pay out with no checks conducted?

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As in the work coach meets the person, looks at the reason the person is claiming as it's already on the system, so they already know why you are claiming anyway, so that they can better advise the customer and maybe not waste future time calling that person in for pointless activities when say they claim for example a brain injury etc were improvement is pretty much not going to happen. Get it sorted from the outset and it solves a lot of the current issues.

 

At such an early stage of claim, there may be no full diagnosis. Possibly a case of needing referal to hospital for tests/scans etc. The esa1 form only asks for a brief description of the illness, because it may not be fully known what the illness is.

 

When ESA claiments are mandated to attend a WFI, it has already be determined by the WCA that the probability is that they are able to attend.

When a new ESA claiment is mandated to attend an HWC, it may be a case they have not even been given a diagnosis of the illness.

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At such an early stage of claim, there may be no full diagnosis. Possibly a case of needing referal to hospital for tests/scans etc. The esa1 form only asks for a brief description of the illness, because it may not be fully known what the illness is.

 

When ESA claiments are mandated to attend a WFI, it has already be determined by the WCA that the probability is that they are able to attend.

When a new ESA claiment is mandated to attend an HWC, it may be a case they have not even been given a diagnosis of the illness.

 

In which case they are technically fit to attend, it's all semantics to be fair.

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I was placed in the support group of esa because the job centre stressed me out so much that i can't even go in a job centre now,so there was now way that i could have attended a WHC and the work coaches don't decide if people are entitled to esa.

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In which case they are technically fit to attend, it's all semantics to be fair.

 

Except that medically qualified people say they're not - there are many, many people only 4 weeks into an ESA claim who would not gain any benefit from such an interview and could be harmed by even trying to attend.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Am I having deja vu here or did they do something similar when ESA was introduced and then scrapped it?

 

is the person going to be medically trained too? I remember when I applied for ESA, I was asked what conditions were listed on my fit note. Unbelievably, (I have a few rare ones) the chap asked me what Autism was...

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They are in fact using the legislation from when ESA was first introduced to do these interviews and Nystagmite is correct, they did do what was called a 'work focused interview' then immediately after the WCA so presumably they had some idea how likely a return to work might be. They were scrapped almost immediately.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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There's an assumption here that everyone can use a phone. As someone with hearing and speech difficulties, (I do talk and hear, just not as well as I should) I try to avoid the phone as much as I can.

 

I'm the same just for different reasons!

 

Problem is...... it takes 4 years to bring an Equality Case as far as a Judicial Review judgement.....

 

HMRC have just been done by JR for forcing an internet only service after a 4 year discrimination/equality case.

 

4 more years before they comply with the judgement!

 

So given the outrage over no sound from the bell called Big Ben for 4 years I expect nothing :madgrin:

 

Christopher Walken to play me in the movie :lol:

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  • 2 months later...

More nudge Unit bull**** by Penny Mordaunt in Parliament

 

http://hansard.parliament.uk/Commons/2017-10-09/debates/663D409E-46BA-4DEA-BCDB-B9E4484C0A04/HealthAndWorkProgramme#contribution-69E18DAA-C306-479A-98C5-551C51EE865D

 

List by region of awarded HWP contracts.

 

https://www.gov.uk/government/publications/touchbase-dwp-news-about-work-working-age-benefits-and-services/october-2017-touchbase-edition-122

 

9. Providers announced for the Work and Health Programme

The Minister of State for Disabled People, Health and Work, Penny Mordaunt, has announced the 6 providers for the new Work and Health Programme.

 

Area Successful provider

Central England - Shaw Trust

North East Reed - In Partnership

North West - Ingeus

Southern - Pluss

Home Counties - Shaw Trust

Wales Remploy

 

Local government partners in London and Greater Manchester have been given funding under devolution deals and are selecting their own providers.

 

In Scotland, funding for employment programmes for unemployed and disabled people was devolved in line with the Scotland Act.

 

The Work and Health Programme is not available in Northern Ireland.

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