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    • dont go near them bunch of scammers! ive removed ref. dx  
    • I used to post regularly in order to provide factual information (rather than advice) but got fed up with banging my head against a brick wall in so many cases when posters insisted black was white and I was writing rubbish. I have never posted anything which was untrue or indeed biased in any way.  I have never given 'advice' but have sought to correct erroneous statements which were unhelpful. The only username I have ever used is blf1uk. I have never gone under any other username and have no connection to 'bailiff advice'.  I am not a High Court Enforcement Officer but obtained my first 'bailiff' certificate in 1982. I'm not sure what records you have accessed but I was certainly not born in 1977 - at that time I was serving in the Armed Forces in Hereford, Germany (4th Division HQ) and my wife gave birth to our eldest.   Going back to the original point, the fact is that employees of an Approved Enforcement Agency contracted by the Ministry of Justice can and do execute warrants of arrest (with and without bail), warrants of detention and warrants of commitment. In many cases, the employee is also an enforcement agent [but not acting as one]. Here is a fact.  I recently submitted an FOI request to HMCTS and they advised me (for example) that in 2022/23 Jacobs (the AEA for Wales) was issued with 4,750 financial arrest warrants (without bail) and 473 'breach' warrants.  A breach warrant is a community penalty breach warrant (CPBW) whereby the defendant has breached the terms of either their release from prison or the terms of an order [such as community service].  While the defendant may pay the sum [fine] due to avoid arrest on a financial arrest warrant, a breach warrant always results in their transportation to either a police station [for holding] or directly to the magistrates' court to go before the bench as is the case on financial arrest warrants without bail when they don't pay.  Wales has the lowest number of arrest warrants issued of the seven regions with South East exceeding 50,000.  Overall, the figure for arrest warrants issued to the three AEAs exceeds 200,000.  Many of these were previously dealt with directly by HMCTS using their employed Civilian Enforcement Officers but they were subject to TUPE in 2019 and either left the service or transferred to the three AEAs. In England, a local authority may take committal proceedings against an individual who has not paid their council tax and the court will issue a committal summons.  If the person does not attend the committal hearing, the court will issue a warrant of arrest usually with bail but occasionally without bail (certainly without bail if when bailed on their own recognizance the defendant still fails to appear).   A warrant of arrest to bring the debtor before the court is issued under regulation 48(5) of The Council Tax (Administration and Enforcement) Regulations 1992 and can be executed by "any person to whom it is directed or by any constable....." (Reg 48(6).  These, although much [much] lower in number compared to HMCTS, are also dealt with by the enforcement agencies contracted by the local authorities. Feel free to do your own research using FOI enquiries!  
    • 3rd one seems the best option, let 'em default, don't pay a penny, nothing will happen, forget about all of this. As for Payplan don't touch them with a bargepole, nothing they can do that you can't, and they will pocket fees. A do it yourself DMP is pointless as it will just string out the statute barred date to infinity.
    • Because that’s what the email said. Anyway it’s done now. Posted and image emailed.    im doing some reading in preparation for defence but I will need my hand holding quite tightly by you good people.  I’m a little bit clueless
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Announcement: ESA claimants now have the option of having their WCA recorded


ErikaPNP
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The DWP have my land line number, they ask me for it as part of the security rigmarole when I call them, I'm not particularly bothered if they have it or not, because they normally do everything in their power not to phone claimants, why would I worry? They already have my address, my NI number, and my medical records. It's not a police state yet.

 

In which case you must have disclosed it on some earlier occasion. It doesn't really matter, but if they are accessing it through other dubious means I would want to know!

 

I never disclose my number to anyone, no matter how much they insist on it, preferring only to deal with matters in writing. I do wonder how these 'cold callers' get my number given my refusal to every request.

 

I personally think it rather dangerous to enter into any discussion such as the one you did, when there is no evidence of what was discussed or even agreed.

 

But never mind, if you are happy, that's OK with me.

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Multi-million pound company Atos has faced heavy criticism for its handling of 'back to work' tests on behalf of the Department for Work and Pensions, which disabled people and campaigners say are solely designed to cut the welfare bill. http://www.wired-gov.net/wg/wg-news-1.nsf/lfi/DNWA-8W2DZU

 

Haven't Cameron et al said all along that's why ESA has been introduced? Actually, I think it was more because apparently, too many have been on benefits for far too long. Many would struggle to hold down a job. That's if they can find someone to take them on.

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Haven't Cameron et al said all along that's why ESA has been introduced? Actually, I think it was more because apparently, too many have been on benefits for far too long. Many would struggle to hold down a job. That's if they can find someone to take them on.

 

Yes I too believe that Labour had to bring out ESA as IB was fast becoming a 'dumping ground' for those who couldn't work and those that chose not to want to work with very little in the way of helping people back into a working life.

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In which case you must have disclosed it on some earlier occasion. It doesn't really matter, but if they are accessing it through other dubious means I would want to know!

 

I never disclose my number to anyone, no matter how much they insist on it, preferring only to deal with matters in writing. I do wonder how these 'cold callers' get my number given my refusal to every request.

 

I personally think it rather dangerous to enter into any discussion such as the one you did, when there is no evidence of what was discussed or even agreed.

 

But never mind, if you are happy, that's OK with me.

 

you are right writing is always better, but postage with the DWP is now quite unreliable both in and out. All post to the BDC goes via a sorting office first. I have had sicknote's and appeals go missing and had medical appointment letters not arrive here as well, also various letters arrived opened. Some of the stuff I have had to sort out or someone on my behalf would have simply took too long via the post.

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Yes I too believe that Labour had to bring out ESA as IB was fast becoming a 'dumping ground' for those who couldn't work and those that chose not to want to work with very little in the way of helping people back into a working life.

 

The problem with ESA is its gone too far the other way, and they also messed the assessment in that many more legitimant illnesses now dont qualify. Having 2 years between each assessment may seem stupid and not rigourous enough but the fact of life is many conditions do not improve unless some kind of new treatment becomes available or a miracle happens, so re assessing people every 3 months with long term detoriating conditions is a worser choice unless the aim is to reduce those on benefits.

 

IB in my view was more fit for purpose than ESA, the interviews on WRAG from what I hear are helping noone, people know how to do CV's and they know how to look for work. Forcing ill people to do things in a compulsaory manner doesnt help them as it adds stress and anxiety which triggers their helth to devline not to mention the extra physical loads on their bodies if they have a bad physical condition. Shifting these people of IB onto either JSA or nothing (as we cant assume they will all go onto JSA) doesnt suddenly make them more employable, they still have the same health conditions and are still out of work, the difference is the government is paying them either less or no money.

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I do not kow how esa works , does it mean i can work with claiming in the support group ? i have no idea ? i am not fir for work anyway i just do not understand why they are getting out of their tree about 28 pound a week ?

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How do i post a thread ? i still can't im lost !

 

When you come itnto the benefits, HMRC and minimum wage forum, scroll down a little and Click on the button that says 'post new thread'

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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IB in my view was more fit for purpose than ESA

 

Agreed. I'm sure on IB, there were only a handful (well, a lot less than now) who were found fit for work when they weren't.

 

I guess in one way, WRAG is good for those who need a bit of help getting back to work and is something that should have been on IB.

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Who was that aimed at? if that was me, then no. I don't think it works. But there should be something in place to help the long term sick back into work (JSA doesn't help those people) if they feel they want to work. Similar I guess to WRAG.

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It was not aimed at you Nystagmite...I meant to reply to a quote from Jacob 18 where he wanted to know how the system works but seem to have missed that out! Sorry!:oops:

 

I would say that the pressure applied to those on WRAG, especially those deemed likely to be fit within six months or so....can rival JSA in some ways, from what I have heard and although its intention is clear I do not see the evidence in practise as they still use WP providers etc do they not...and of course the WRAG does not stop unpaid work experience being an option and that is full time I believe..not much evidence of helping the long term sick rather forcing them ....but that is what I have heard not experienced personally and again what happens in practise is not what the theory would indicate....

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Nice one indeed, odset.

 

Atos comment at the end of last week:-

 

"Due to minimal take-up during the pilot, we only have a limited number of recording devices available."

 

http://blog.atoshealthcare.com/2012/07/audio-recording-of-the-wca/

 

What part of 'over 60%' did they find difficult to understand (in their own shoddy little report on the pilot)?

Edited by nolegion
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Another 'Tough you will do it our way or the highway'.................

 

"We will make every effort to accommodate requests for this service and hope that we will be able to meet demand. However, under the terms of our contract with the Department, we cannot postpone an assessment on the basis of audio-recording."

 

Under the terms of their contract???????????? That would be a very interesting contract to read or have someone with legal understanding to read as it will be gobbledegook to me... but then again anything concerning ATOS is!!!!!!!!!!!!!

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Nice one indeed, odset.

 

Atos comment at the end of last week:-

 

"Due to minimal take-up during the pilot, we only have a limited number of recording devices available."

 

http://blog.atoshealthcare.com/2012/07/audio-recording-of-the-wca/

 

What part of 'over 60%' did they find difficult to understand (in their own shoddy little report on the pilot)?

 

 

That now seals the matter. In other words ATOS can say that no machine is available and we will all have to accept their word for it.

Given that they have had since 2011 to get the matter sorted, I cannot see that they will be in too much of a hurry to get the new machines.

 

So much for the promises made.

 

ah well back to the trusted slate and chalk to record notes on.

 

They must know that there will be an increase in personal recording of the assessment. No doubt more effort will be put into finding the funding for airport style xray machines and hand held body scanners as we walk into the waiting room.

 

When my review comes up I intend telling them when booking the assessment that I will be covertly recording the entire proceedings.

Whether I do or don't they won't know and would imagine that they could be very very jittery. If asked if I am I will tell them no but I will do!!

 

What are they going to do - search me? Or call me a liar?

Edited by hensteeth
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Noted Dilizjo. I gave a thought to adding something there, but oftentimes the contempt of silence is the better policy, I think.

 

Now...

 

As regards contractual arrangements – (see Dilizjo's pots#345 above) a (large) part of those is compliance by Atos, and those it engages, with the "WCA Handbook".

 

These are, misleadingly referred to as 'Regulations', but they are not actually (public) law: just part of how the DWP wants to organise things under its (private) contractual arrangements with its sub-contractor, and the result of them is open to legal challenge.

http://www.dwp.gov.uk/docs/wca-handbook.pdf

 

If anyone has time to spare and\or insomnia, a long scroll will bring you to para. 4.1.3 (page 129) which sets out the still un-amended, supposed "rules'' on recording i.e before the fiasco currently in semi-operation was, er, 'dispensed'.

 

These pre-existing' arrangements' are the ones ErikPNP referred to at the very outset of this thread.

 

And from there you, I hope you will cheerfully note, that Atos may very specifically be required to postpone a WCA when a recording issue arises, viz:-

 

"Any request by aclaimant for an assessment to be audio or videotaped must be declined unless the above safeguards are in place. The claimant must instead be offered the opportunity of a rescheduled assessment in the presence of a companion or other witness."

 

Which can now be compared with that quote from Atos;-

 

"…under the terms of our contract with the Department, we cannot postpone an assessment on the basis of audio-recording."

 

I read elsewhere that Atos is seeking the aid of PR consultants. Long way to go.

Edited by nolegion
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Aye, hensteeth. What in practice currently underwrites the whole supposed change of policy (in my guess) is simply the increasing affordability of reliable personal and portable technology.

 

The law hasn't actually changed much about this for quite a while. It's the gadgets.

 

No professional (actual or purported) should be afraid for a patient\client\claimant - whatever - to have a full record of how they are treated behind closed doors. Now we can take it.

Edited by nolegion
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