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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Benefit Sanctioned - please help :(


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I've had my JSA stopped for four weeks for missing a job search session with Avanta. I was moving house and stupidly it slipped my mind. I know it's not an excuse, but four weeks seems excessive to me. I do my job search independently anyway, even when attending the cramped job search. Avanta are worse than useless.

 

Where do I stand with this? The 'doubt' was raised on the 17 October and only got applied on the 4 December, which meant all over Christmas I've not had two pennies to rub together. Fantastic. Although I live with my dad he's a bit annoyed too as I can't pay him his board, which he could really use. He's not on a huge wage.

 

I've heard of hardship allowance - can I claim this? Although I live at home I still have expenses and things I need to spend money on. It's not like I'm sat at home all day watching TV, I'm out four or five days out of seven all day doing charity work, trying to gain some new skills and experience which will hopefully help. Not that it has thus far, the countries broken and there are no bloody jobs. I've heard an advisor admit this herself.

 

Since the sanction was only applied on the 4, is it too late to appeal? I gave up to be honest and just thought 'f--k it, I can't be bothered anymore'. It's only because I feel bad for not been able to give my dad something I'm posting this. I'd rather do without than beg them for the pittance they throw. But whatever.

 

So, where do I go from here? As I say I know it wasn't anything like a doctors appointment, simply an honest mistake because more important things took precedence. I've never been sanctioned before and this is a first. Once or twice I've been five minutes late because there's a level crossing right outside and sometimes it's down when I get there. What do they want me to do, jump the barrier? They once wanted to sanction me for being four minutes late due to this. Somebody had more sense as it was sent back. I'd been telling my advisor at avanta for weeks that I'm moving soon just didn't have an exact date - you'd think she could have waited to find out why I didn't attend before flagging up a sanction. I was in there the day after when it hit me apologising for not turning up. As I say it's not useful or helpful anyway. You're thrown on a computer and left alone without so much as a boo for an hour.

 

Thanks for any help you can give me. :)

 

I know it's my own fault, I don't need any lectures about 'well if you want your JSA you do what they tell you', as I've previously been informed by my snotty JC advisor.

 

Thanks again. ^_^.

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A little off-topic but I'll mention this so you can consider it; see, the thing is it's helpful to Avanta to have you sit at a computer as then they can claim a gazillion pounds of public money for assisting you in your jobsearch. Of course it's absolute nonsense and a complete [problem]. I assume the ministers who agree to this get their slice later, which is where we as a people have a problem because when prominent politicians from both ends of the political spectrum are robbing the public purse this way during their time in power no political party big enough to get the job done wants to stop it.

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because its potentially libelous word that can be taken out of context and used against cag :wink:

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The last post made me laugh..the word you are refering to is automatically removed, its a strong word to use, are you serious saying the job center is involved in fruadualnt criminal activity to deprive you of your money ?, I suspoect not, that is why that word is changed on here.

 

I would of thought you should of been informed of the sanction, ask the job center when it was applied and was there a letter sent out.

 

IMO it is always worth appealing, I have been succesfully, I am surprsied by your comments 'oh f**k it'..its worth at least £280 surely ?, so I would definately appeal

 

Andy

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Im not sure, I believe it would of told you on the letter you should of received, I just handed in my docs at the job center but this was a few years ago.

 

Ive attached the appeal i made and it was succesfull and had a general moan about them :)

 

Andy

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I believe that Avanta is a work program provider and therefore they raise any doubt referral which is sent o te DMA team and therefore JCP have no input what so ever in this referral or decision process.

Failure to attend prior to 22/10/12 falls into the oldrules which was 2 weeks, 4 weeks, 13 weeks then 26 weeks for failing to attend WP appointments.

You need to request a reconsideraion of the decision and note that if not favourable you want to pursue an appeal and you have 1 month todo this or you need to explain why you have submitted the request late.

As the sanction is for a failure to attend prior to 22/10/12 you are not eligible to apply for hardship allowance for any work program referrals/decision/sanctions.

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