Jump to content


  • Tweets

  • Posts

    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Ingeus


Raven1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2483 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am not blaming anybody, but the simple truth is in the capitalist ideology, supply and demand.

 

There is an oversupply of labour so employers would get staff anyway, so net gain is zero.

 

I do however object to people pontificating and trying to justify a useless exercise in wasting tax payers money.

 

If a bank teller came on here justifying futures, swaps, derivatives in a wall of text disguised as doing me a favour, then yes I would give them a reality check.

Link to post
Share on other sites

  • Replies 6.5k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Bakatcha, I have to ask.

 

Why do you refer to your fellow forum members as stock? I get the reference to livestock but how is it helpful? How does someone already feeling brow beaten enough to come online and seek help to see that one of their peers refers to them as stock feel?

Well I cannot claim to have invented the use of the word "stock" to describe the WP victim. I get the word from Lord Freud - one of the architects and a key proponent of the WP. My use of the term is intentionally ironic as it is an accurate reflection of how those running WP businesses look upon those "consigned" to them. "Consigned" is another WP word which is very revealing about the attitudes - a new batch or intake of victims comes with a consignment notice and, of course payment in the form of the attachment fees.

Actually "stock" describes very accurately the role of the WP victim. We are not a party to the contract which is between the DWP and the provider. We have no say in whether we participate. We have no choice of provider. We are the stuff of which profit is to be made. I think "stock" is a far more accurate description than "customer" or "client" - don't you?

As for brow beating. I am speechless (almost). That a WP adviser, albeit an ex one, should imply that I browbeat readers is Kafkaesque! If you want to see "browbeating" I suggest you accompany me to the offices of A4greed where routine haranguing of the unfortunate stock seems to be regarded as an acceptable management technique.

Link to post
Share on other sites

Well I cannot claim to have invented the use of the word "stock" to describe the WP victim. I get the word from Lord Freud - one of the architects and a key proponent of the WP. My use of the term is intentionally ironic as it is an accurate reflection of how those running WP businesses look upon those "consigned" to them. "Consigned" is another WP word which is very revealing about the attitudes - a new batch or intake of victims comes with a consignment notice and, of course payment in the form of the attachment fees.

Actually "stock" describes very accurately the role of the WP victim. We are not a party to the contract which is between the DWP and the provider. We have no say in whether we participate. We have no choice of provider. We are the stuff of which profit is to be made. I think "stock" is a far more accurate description than "customer" or "client" - don't you?

As for brow beating. I am speechless (almost). That a WP adviser, albeit an ex one, should imply that I browbeat readers is Kafkaesque! If you want to see "browbeating" I suggest you accompany me to the offices of A4greed where routine haranguing of the unfortunate stock seems to be regarded as an acceptable management technique.

I think that the term "Stock" more accurately describes the status of plebs who, for whatever reason, decide to seek employment within the Welfare To Work Sector rather than Third Sector, Public Sector or Wealth Creating Sector of the economy. Or perhaps they do make some attempt, but find that they are not sufficiently qualified, and otherwise accept a job within the Welfare To Work Sector (either Primes or Subcontractors) rather than re-educate themselves to get a more robust and sustainable job.

 

The pay for the Clerks may be decent - I have seen salary ranges of £19K-£25K within adverts - and the rationale for offering such a high salary for mediocre work is the same as offering high pay for working in a lap dancing club - the pimps need to attract a high volume of applicants simply to deal with the churn rate. If they could get a job in a Call Centre, or as attendants within a Public Convenience, they would do so.

 

Of course, from the candidates perspective, whereas they have a relationship with the DWP/JCP through the Job Seekers Agreement, which only remains active insofar as the candidate remains unemployed, a more accurate term to describe the relationship between candidate and Welfare To Work Sector is that of "Conscript" - the term Customer or Client does not apply as previously stated.

Link to post
Share on other sites

the work programme, was set up by this govt for the simple distribution of wealth, remove payments from the poorest in society and give to the richest. the fallacy being fed to the general public is that in essence the british working man/woman is 'lazy, feckless, and scroungers' and without the 'stick' of the w2w programme the 'plebs' will continue to sit idly by on their backsides whilst watching their 50 inch plasma, playing on their xbox and posting on facebook...by the way all useful multitasking activities!!... anyone with an ounce of intelligence is quite capable of job hunting on their own backs, without the intervention of these so called providers, who from the govts own figures which they have carefully tried to keep from publishing, is that the industry is itself failing...with less than 3% of 'clients' being found sustainable employment, yet people who are 'forced' to attend this farce find that they are being sanctioned, that is having any monetary support withdrawn because they failed to attend an appointment or stood up for their rights. whilst i applaud the way you have gone about 'helping' people into employment, can you honestly say hand on heart, that these people you helped couldnt/or wouldnt get a job but for you? the only 'barriers' to work, is simply one thing, lack of jobs and opportunities, in the meantime this govt will continue to pour millions into the pocket of a few, whilst demonizing the poorer in society. personally i have a job, i work hard, and to be honest, if i had to pay more tax to help the poorer in this country then that is a price i am prepared to pay, because you never know one day you may have to walk in their shoes, life has a funny way of biting back

Link to post
Share on other sites

Responding to Bullpoofilter's post:

 

Which takes me on to the next point. There's clearly a feeling that Work Programme providers only chase what are termed as low-grade jobs. Well, here's the uncomfortable bit - what might constitute a 'low grade' role for you may be out of the reach of someone else. Equally, what might be an ideal job for you might be so far out of touch for someone else that they'd never consider it.

So where does a provider focus? On the roles that are going to have the most impact for the most people

 

The new proposals under Universal Credit will mean that even those in NMW jobs will have to demonstrate that they are forever seeking better paid employment or longer hours to qualify for any HB/CT credits, the way things are shaping up even the 'low grade' jobs will not be a viable proposition, what will the WP do then?

The obligatory better off calculation will start to look very sick indeed, faced with ruin on the minimum wage zero hour route or staying on benefits, my money's on claimants desperately clinging on to the benefit system just to survive.

 

When moving into work from JSA there are several helping hands available, albeit they're not spectacular but rent run-ons, back to work credit etc can be dependant upon a continous claim in excess of 6 months. Now, if you've had a break in your claim in the last 6 months then it makes no diffence - a break being another job / failing to sign / sanctions

 

Soon to be phased out, yet another helping hand back into work being removed by this caring sharing government.

Edited by osdset

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

I have a question, bullpoofilter, with regards to sanctions. What guidance are advisers given on referring people for sanctions? Are there mandatory things that must be referred? Are there any targets to hit? - so for instance, if an adviser wasn't referring anyone for sanctions, would they get pulled aside for a 'chat'. How much of it is at the individual adviser's discretion?

  • Haha 1

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

I have a question, bullpoofilter, with regards to sanctions. What guidance are advisers given on referring people for sanctions? Are there mandatory things that must be referred? Are there any targets to hit? - so for instance, if an adviser wasn't referring anyone for sanctions, would they get pulled aside for a 'chat'. How much of it is at the individual adviser's discretion?

 

 

As of late September we were issued guidance that every missed appointment or failure to complete a mandatory action should be submitted to the decision makers. This was explained to us as something that had been highlighted during audit by the DWP as not being up for negotiation and a contractual obligation.

 

The truth in my experience was a little different. Bearing in mind that the advisors role is to 'raise a doubt' and present the facts to the decision makers at the DWP. The feeling in my office was that as the paperwork involved in doing it was so time consuming and in reality it did little to help anyone that we would spend our time working with people who were engaging with us. No manager I met would express any concern over someone concentrating on someone likely to have a positive result rather than spending 20 minutes printing out details of missed appointments and attendance records.

 

After all, there's no financial incentives to sanction someone but there are if someone else gets into a job.

 

So, were there targets for raising doubts? No. The targets in the role were related to the number of jobs started and the sustainability of those at 3 and 6 months.

 

Like I said no one ever got the 'chat' for not doing them. The most common types of sanctions we saw were related to failure to sign / failure to apply for a matched vacancy and insufficient job search activities recorded on the diary presented at sign on or failure to comply with all of the agreed tasks on the job seekers agreement.

Link to post
Share on other sites

As of late September we were issued guidance that every missed appointment or failure to complete a mandatory action should be submitted to the decision makers. This was explained to us as something that had been highlighted during audit by the DWP as not being up for negotiation and a contractual obligation.

 

The truth in my experience was a little different. Bearing in mind that the advisors role is to 'raise a doubt' and present the facts to the decision makers at the DWP. The feeling in my office was that as the paperwork involved in doing it was so time consuming and in reality it did little to help anyone that we would spend our time working with people who were engaging with us. No manager I met would express any concern over someone concentrating on someone likely to have a positive result rather than spending 20 minutes printing out details of missed appointments and attendance records.

 

After all, there's no financial incentives to sanction someone but there are if someone else gets into a job.

 

So, were there targets for raising doubts? No. The targets in the role were related to the number of jobs started and the sustainability of those at 3 and 6 months.

 

Like I said no one ever got the 'chat' for not doing them. The most common types of sanctions we saw were related to failure to sign / failure to apply for a matched vacancy and insufficient job search activities recorded on the diary presented at sign on or failure to comply with all of the agreed tasks on the job seekers agreement.

 

Thanks for replying. With matched vacancies and jobseeking actvities, were these also automatically referred, or was there discretion? So if someone explained they didn't apply for a vacancy for a good reason, would this still be referred or could discretion be used by advisers?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

as i said, no amount of money could tempt me into doing a job where i was responsible for denying anyone their right to benefits....so someone doesnt apply for a job? so what? it isn't exactly the crime of the century...now bankrupting the country and then paying out huge bonuses to the clowns that actually did it..now that is a crime...but hey we are all in this together...just some of us are more in 'it' than others...

Link to post
Share on other sites

Hi, these were not ones that we had any part in and were often brought to our attention by people who had been sanctioned by the DWP / JCP directly.

 

Like I said it was very rare indeed that we would raise doubts. Discretion played a huge part as did the realisation that once the working relationship would be so damaged by a sanction that it was rarely used.

 

I'd often explain the importance of meeting the criteria laid down by jcp on the JSAg. If you're given a matched job to apply for then for heavens sake, apply for it. If you don't meet the criteria then you won't get through the initial paper sift. Then explain that to your jcp advisor so that you can work together to identify the criteria that meets your needs best.

 

So often I'd hear from people who wouldn't apply and then get into a heated discussion in the job centre, end up leaving in a hurry and then finding they're about to be sanctioned.

 

I know someone is going to ask so I'll make it clear now. During my time there I raised a doubt on three occasions. Discretion has a limit.

Link to post
Share on other sites

Picture the scene at a local WP office, I say to my latest WP advisor, one of many....

 

"I can write a C.V and search for jobs online, look in papers, visit local employers, write spec letters, heck I can even do the rubiks cube" :)

 

after the advisor has a cursory look through my C.V, checks my spec and job application's.....

 

I ask (insert drum roll here) "How exactly can you help me?"

 

It's a question I asked an awful lot and found it very useful especially when I was met with a blank look. The thought of spending my time to no avail just doesn't seem right and so I'd ask what the person sat next to me wanted from the meeting and would not accept 'I dunno' as an answer. Starting the conversation was at least a beginning.

 

what follows, everyone has experienced (the usual mind numbing drivel)

Link to post
Share on other sites

Picture the scene at a local WP office, I say to my latest WP advisor, one of many....

 

"I can write a C.V and search for jobs online, look in papers, visit local employers, write spec letters, heck I can even do the rubiks cube" :)

 

after the advisor has a cursory look through my C.V, checks my spec and job application's.....

 

I ask (insert drum roll here) "How exactly can you help me?"

 

 

 

what follows, everyone has experienced (the usual mind numbing drivel)

 

they are meant to talk to you and try to manipulate you into looking at other paths

they are meant to ask probing questions and try to persuade you that you can do something or other

it feels very manipulative

Link to post
Share on other sites

they are meant to talk to you and try to manipulate you into looking at other paths

they are meant to ask probing questions and try to persuade you that you can do something or other

it feels very manipulative

 

They id this with me. I said retail. To me, that's working in a shop, scanning items for customers, etc. They wanted me to apply for a sales type job. I've been for two interviews for sales job. Both said in the nicest way possible, this job isn't for me.

Link to post
Share on other sites

Neuro-linguistic programming ?

 

and of course....NLP!!! more utter tripe and nonsense

 

I did a day's NLP 'training' once - I completely agree with the above...lol

Edited by stikky62
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...