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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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Can you still be sanctioned if you are on hardship payments?


Osris
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Hi, I’m new here.

 

Can anyone answer these questions?

 

1) Is all your JSA stopped when you are sanctioned, or is only a percentage of it stopped?

 

2) If after being sanctioned you go on hardship payments, do you still have to be available for work?

 

3) And if you do still have to be available for work, can you be further sanctioned while on hardship payments?

 

I’ve just started getting JSA and have not been sanctioned, but the above questions have occurred to me.

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1) Is all your JSA stopped when you are sanctioned, or is only a percentage of it stopped? All then a Percentage

 

2) If after being sanctioned you go on hardship payments, do you still have to be available for work? Yes

 

3) And if you do still have to be available for work, can you be further sanctioned while on hardship payments? Yes

 

You can also receive multiple sanctions which then make it even more difficult to sustain job searching efforts thus ensuring your trapped in the system.

 

So do not get a sanction is my best advice, if you do, fight it even if you think you might lose, you might be surprised, record every conversation if you can.

 

Sad times indeed when folk have to know how to protect themselves and survive a punitive benefit system that is supposed to be a safety net, a safety net they have contributed towards.

 

Why do folk still support MPs that support these abusive practices, does the whole electorate really believe the lies that all this is for the benefit of the nation, really ?

 

People are dying of cold,hunger, depression is now the norm and the biggest killer of men 45 years and younger in the UK is suicide.

 

Are we a nation of self harmer's ? is this why we sit back tut and carry on with our lives ?

 

Rant over off topic sorry.

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Thanks for your reply. Can you explain your answer to question one a bit more? Are you saying it is all stopped or just a percentage—surely it can’t be both?

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Sorry to confuse,

for the first 2 weeks you will lose the whole amount.

 

Then you a get reduced amount called hardship payments.

 

Unless you or your family are considered vulnerable

(e.g. you’re pregnant, sick or looking after children)

you should be able to get a hardship payment in place of your next benefit payment.

 

Otherwise you’ll have to wait for two weeks.

 

if you’re on JSA or ESA you do not have to pay back the hardship payment but you will have to pay it back if you’re on Universal Credit.

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Do you get hardship payments automatically after the two week period or do you have to apply for them?

 

You have to apply for them.

 

Why were you sanctioned ? Have you asked for mandatory reconsideration ? Go to Gov.uk, how to challenge a benefit decision and think about grounds. Was the sanction fair based on the information DWP had to apply the sanction?

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I've not been sanctioned, but wanted to know in case I ever am.

 

Very wise thing to do, but more impotently is understanding how to avoid receiving a sanction in the first place.

 

Do not let those who think they can run you ragged get a grip on your life or once you are caught up in the DWP circus finding real sustainable work will slowly evaporate as you spend the majority of you're time ticking boxes for them and wasting valuable time and energy trying to fill your unrealistic quota of a million job application per fortnight.

 

Useless courses and schemes will follow and the endless phone calls, emails and remote control pressure if you agree to open a universal job match account.

 

Tips:

Record everything secretly if possible it is lawful to do so.

 

Refuse to open a Universal jobmatch you do not give your consent for a work coach to gain access nor do you agree to the behaviour policy

 

Ask for you your telephone and email address to be removed from their and partner systems. consent

 

Make sure you negotiate your claimant commitment taking your circumstances into account, never agree to applying for X jobs per week.

 

Anything you are asked to do that you would rather not then it needs to be in writing in the correct format as a Jobseekers direction or mandatory notification.

Be mindful they will produce a fake letter at times in the hope you will cave in, make sure it is the correct format.

 

And also to be considered actively seeking work and fulfilling your work search requirements 3 step per week is the law, less in some circumstances, you do not have to do any or all the steps outlined in your claimant commitment.

 

A step could be looking in shop window, asking family and friends, speculative phone calls and speculative applications.

 

Those steps are not possible to evidence unless you make a log of when and where, they should accept your uncorroborated evidence unless it is contradictory or highly improbable.

 

If you account for steps that can be evidenced such as responses to applications etc make sure you can provide screenshots if a doubt is raised, only when a doubt is raised will evidence be required.

 

Tell them as little as possible to be considered actively seeking employment anything else is your business.

 

You may have to keep reminding your work coach your on JSA not universal credit !

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While the above post may be correct it wouldn't necessarily stop them from sanctioning you - and then you would have to go through the trouble of getting it overturned. If they won't do this within their own process this could mean tribunal.

 

I think it's generally pretty bad advice to make their life difficult for the sake of it when you've just started claiming.

 

In terms of hardship there's no guarantee you would be granted them, you have to apply constantly and they will ask a lot of personal things. As mentioned above you are not excused from anything while sanctioned and it would all just escalate if you did not do things.

 

A lot will depend on your work coach. Try to have a decent relationship with them. Go to your appointments, record some job search (even if it's on paper) and discuss what you are doing to look for work with them. You can go a long way to preventing them trying to get you to do things if you instead tell them what you are planning to do each week. You will also make their job far easier and they will like you. Generally just be the good customer.

 

I'm assuming here you do want a job and just want to avoid as much hassle as possible - above is the safest way. They should have no reason to look at things any closer for a good while.

Edited by dexev
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While the above post may be correct it wouldn't necessarily stop them from sanctioning you - and then you would have to go through the trouble of getting it overturned. If they won't do this within their own process this could mean tribunal.

 

I think it's generally pretty bad advice to make their life difficult for the sake of it when you've just started claiming.

 

In terms of hardship there's no guarantee you would be granted them, you have to apply constantly and they will ask a lot of personal things. As mentioned above you are not excused from anything while sanctioned and it would all just escalate if you did not do things.

 

A lot will depend on your work coach. Try to have a decent relationship with them. Go to your appointments, record some job search (even if it's on paper) and discuss what you are doing to look for work with them. You can go a long way to preventing them trying to get you to do things if you instead tell them what you are planning to do each week. You will also make their job far easier and they will like you. Generally just be the good customer.

 

I'm assuming here you do want a job and just want to avoid as much hassle as possible - above is the safest way. They should have no reason to look at things any closer for a good while.

If you think telling your work coach how many thousands of hoops you jump through each week to find employment will make them back off your very much deluded.

 

I see people who take the same approach you outline and find themselves on work experience, sector based work academies, useless schemes and courses, volunteering, universal jobmatch and no peace whatsoever.

 

And generally it is those who get doubts raised when the hundred applications they proudly show are brought into question, everything is geared towards sanctioning folk not helping.

 

Who cares if they like you or not, why should that matter, you say roll over and accept whatever they throw at you, so you make their job easier ?

 

And then what would you advise if you do have an issue ? your either too gripped with fear to stand up for yourself assuming they can make life more difficult for you, or you have dug yourself so deep there is no getting out.

 

The state is waging a war on the vulnerable,disadvantaged,ill,disabled and working classes and you propose surrender !!!

 

 

Rights are there to be used not ignored.

 

Yes it takes some fighting when you come across ignorant poorly trained work coaches whose sole duty is secure off flow payments by any means at their disposal. But rather that than the alternative.

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Thanks for all your replies.

 

The whole thing seems needlessly complex. Presumably to act as a disincentive for people to want to claim JSA or to make them want to voluntary stop claiming it and move back in with their parents if they are young enough to do so.

 

I’ve just come across a thing called Sector Based Work Academies. What are they? Are they like the notorious Work Programmes of a few years ago?

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