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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
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    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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JSA claim investigated


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My Son is currently claiming JSA and has been for a number of months now and despite bending over backwards and complying with everything the job centre have demanded attending the courses that have had no relevance to him at all and turning up for random interviews at the drop of a hat , they suddenly called him in for an interview today. When he arrived he discovered they were investigating him for allegedly not applying for a job he had put down on his job sheet and say that the large employer chain have no record of this. Firstly he has a number of rejection letters and interview letters from numerous applications for various jobs throughout his time claiming so all of these can be checked to show his previous record. The job centre have told him that they will let him know their decision shortly. He advised me he felt as if he was being pressured to say he was lying and hadnt actually applied for the job when i know that he did (I am for ever helping him fill out applications so i do know) He has no proof of the application and the job centre are taking the word of the prospective employer who says they have no record on their system. My son is now panicking as he feels like he has done something wrong and cannot prove that he did apply for the job however yet in my eyes the job centre cannot 100% prove he didnt either and with his previous record (which i again repeat is checkable) it appears as if they are wanting to just close his claim and leave him with nothing and accuse him of something that just is not true.

 

We would really appreciate some help on this matter as it is causing untold worry for him

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Firstly was this a job where the details were issued at an adviser meeting where he was "matched" to the vacancy by his adviser?

How was he required to apply for the vacancy? (CV/written application to be posted or email CV etc...)

 

The process is as follows the vacancy is matched by the adviser and the customer takes the vacancy details away with them. They either apply for the vacancy or they don't.

When the vacancy has been closed on the LMS system the advisers are required to ensure tat any customers who were matched to the vacancy did apply and they will contact the employer to confirm if an application wa received or not. They will only take further action if the employer us adamant that the customer did not apply then the customer will be asked for their reasons or to povide proof that they did apply.

Once the customer has given their reasons/statement the case is referred to the DMA team for a decision.

 

The decision can either be allowed or a sanction can be iomposed for a petriod of between 2 and 26 weeks.

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Hi Flumps thanks for your reply.

 

Ok the job was nothing to do with the job centre in the first place although they may have advertised it at some point possibly but my son submitted an enquiry via their online system as we knew the planning for a new build was starting so he was getting his hand in early however they say that the the prospective employer has no record of this and sadly neither does my son. As i said every job he has put down on his job sheet he has applied for but in all honesty the only ones he can confirm are the ones where he got an interview and then a knock back letter, as with most applications these days your lucky if you hear back from 2 in 10. He says that the woman who interviewed him today always seems to be on his back and any time he has asked for help towards courses or any information she has just dismissed him and told him to look at the website. Im not one of these people who foolishly believe my children at every point and take their word as law but i am constantly on his case making sure he is already doing all these things anyway as i know how the job centre can be. The only thing he may be guilty of in Naievty in his approach to that application? where does he stand ??

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They will not pursue refusing to apply unless the vacancy was matched so he needs to determine the full facts from his adviser first, he needs to know when he was matched to the vacancy how the application needed to be made as posted above. There is strict guidance to be followed for these referrals and the it can only be referred on a matched vacancy not on a vacancy that was found through a customers own independant job search.

Each case is considered on it's own merits so I can't say what te outcome will be, but from experince in the office that I work in employers are aware that their statement can have an effect on payments so have to be certain that no application has been made, if there is a slightest doubt then no referral will be made.

 

If he feels that there is a problem with his adviser he can request a different adviser in writing and the letter should be addressed to the adviser manager and then his request can be considered no guarantee that he will be referred to anyone else but it's worth a try.

 

With regards to his ES4 it is advised that he notes each activity that he takes for job search on a daily basis and not just note the vacancies he has applied for.

Help with courses has near enogh be removed now and it's only the courses run in conjunction with the JCP that he can referred to. If he wants to start a course he needs to ensure it is a part time course and that it fits it with his JSAg.

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The bottom line is: the employer not having a record doesn't positively prove your son has not applied for the position. Emails get lost, letters get lost or stolen and so on. The jobcentre can indeed DMA your son but he will appeal and will win. Just tell your son to be confident and not to fall into the Jobcentre trap. Source: happened to me before.

"Ask not what your country can do for you, ask what you can do for Poundland"

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Thanks very much for the advice Flumps i thought as much but it does worry us, I wouldnt mind but he is one of the ones trying to find work but there just seems to be so many barriers nowadays!!! Thanks again

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