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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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ESA & the Work Programme


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I just wanted to ask a couple of questions (my next appointment with the Provider tomorrow) and thought it might be handy to have a list of "cans/can'ts"

 

Does an ESA Claimant have to give the pimp a copy of their CV? Is a refusal sanctionable?

 

What are the main sanctionable "offences" where an ESA claimant being sent to a provider is concerned?

 

Apart from not turning up, obviously.

 

They do not seem to be doing risk assessments, or indeed actually checking with people before their first appointment if they need special accomodations. My provider is at a location up several stairs - someone with a wheelchair turning up esp if alone is going to have problems, but the letters made no mention of this.

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I just wanted to ask a couple of questions (my next appointment with the Provider tomorrow) and thought it might be handy to have a list of "cans/can'ts"

 

Does an ESA Claimant have to give the pimp a copy of their CV? Is a refusal sanctionable?

 

What are the main sanctionable "offences" where an ESA claimant being sent to a provider is concerned?

 

Apart from not turning up, obviously.

 

They do not seem to be doing risk assessments, or indeed actually checking with people before their first appointment if they need special accomodations. My provider is at a location up several stairs - someone with a wheelchair turning up esp if alone is going to have problems, but the letters made no mention of this.

Although it is necessary to provide a copy of a CV for reference, there is no need to provide a permanent copy.

 

If it is the first meeting - they may try to persuade you to sign a Data Protection Waiver - but, as stipulated within the form, it is not necessary for you to sign, and no sanction would arise if you did not.

 

As for more general issues, check out http://consent.me.uk/ , get a twitter account, and follow @boycottworkfare and @refuted.org.uk

 

Further, check out the DWP Provider Guidance, accessible via http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml

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Although it is necessary to provide a copy of a CV for reference, there is no need to provide a permanent copy.

 

If it is the first meeting - they may try to persuade you to sign a Data Protection Waiver - but, as stipulated within the form, it is not necessary for you to sign, and no sanction would arise if you did not.

 

As for more general issues, check out http://consent.me.uk/ , get a twitter account, and follow @boycottworkfare and @refuted.org.uk

 

Further, check out the DWP Provider Guidance, accessible via http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml

 

I had my first meeting just before Xmas - I refused to sign both Waivers.

 

Interestingly whilst very annoyed other both, it was the second waiver they threatened me with being "sanctioned" over, this was they said, permission for them to store information sent to them by the DWP.

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ESA claimants mandated to the WP need definitive guidance over this, as our situation is somewhat different to JSA claimants.

 

Would refusal to sign the data waiver prevent WP from mandating a claimant onto workfare? If the answer is no then it's not much of a weapon, as the pimps can't force these claimants into paid work. I'm wondering if this action might just make life harder, one workfare placement after another as revenge for bucking the system.

 

Corruptissima re publica plurimae leges

 

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

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ESA claimants mandated to the WP need definitive guidance over this, as our situation is somewhat different to JSA claimants.

 

Would refusal to sign the data waiver prevent WP from mandating a claimant onto workfare? If the answer is no then it's not much of a weapon, as the pimps can't force these claimants into paid work. I'm wondering if this action might just make life harder, one workfare placement after another as revenge for bucking the system.

 

I imagine getting out of a placement will be easy for those of us on ESA. You arrive on day 1, and ask the employer if his workplace insurance etc will cover your health problems, and will the employer take responsibility if the placement worsens any of your conditions. They wont want to touch you with a barge pole. The Provider cannot stop you asking those questions, and you cannot be sanctioned for asking them - they are legitimate questions and concerns. The chances are highly likely that Employers Insurance will in absolutely no way cover a person who is currently signed off by their GP as unfit to work. Just 1 little accident, could cost an employer an absolute fortune since they will have to pay for it themselves.

 

I have problems in my legs and arms which is spreading, causes balance issues and other things, so tripping down steps at a workplace is extremely likely, especially combined with another condition which causes clumsyness. If it happened, I would be more than happy to sue the employer for compensation. It's the risk you take for deciding to use free staff that have been classified as unfit to work by a medical professional.

 

It will be difficult to arrange a placement without the waivers being signed I expect, certainly not impossible, but will take more work. Even with the waiver signed, is it exhaustive enough to give a Provider permission to discuss with a 3rd party, ie an employer, your medical problems?

 

Also, refusing to sign the waivers is important, as it will also make it near impossible for the Provider to make much money from you.

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I imagine getting out of a placement will be easy for those of us on ESA. You arrive on day 1, and ask the employer if his workplace insurance etc will cover your health problems, and will the employer take responsibility if the placement worsens any of your conditions. They wont want to touch you with a barge pole. The Provider cannot stop you asking those questions, and you cannot be sanctioned for asking them - they are legitimate questions and concerns. The chances are highly likely that Employers Insurance will in absolutely no way cover a person who is currently signed off by their GP as unfit to work. Just 1 little accident, could cost an employer an absolute fortune since they will have to pay for it themselves.

 

I have problems in my legs and arms which is spreading, causes balance issues and other things, so tripping down steps at a workplace is extremely likely, especially combined with another condition which causes clumsyness. If it happened, I would be more than happy to sue the employer for compensation. It's the risk you take for deciding to use free staff that have been classified as unfit to work by a medical professional.

 

It will be difficult to arrange a placement without the waivers being signed I expect, certainly not impossible, but will take more work. Even with the waiver signed, is it exhaustive enough to give a Provider permission to discuss with a 3rd party, ie an employer, your medical problems?

 

Also, refusing to sign the waivers is important, as it will also make it near impossible for the Provider to make much money from you.

 

I'm on esa for depression and anxiety and was told I have to go on work programme :( it's making feel worse :( after reading this thread what does waiver mean?

 

Thanks

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I'm on esa for depression and anxiety and was told I have to go on work programme :( it's making feel worse :( after reading this thread what does waiver mean?

 

Thanks

 

Basically they will want you to sign some bits of paper. Do not sign it. They will claim you can lose your benefits if you dont sign. This is not true.

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Basically they will want you to sign some bits of paper. Do not sign it. They will claim you can lose your benefits if you dont sign. This is not true.

 

Thank you,why is it best not to sign the papers?

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Thank you,why is it best not to sign the papers?

 

For example, those papers pretty much give them the right to sell your personal info on, to marketing organisations and so on - and if times are hard, you can bet they will. You should never, ever give up your data protection rights, except for a good reason and one that benefits you - applying for a bank account say.

 

Signing these forms for the Pimps does not benefit you in any way, it just turns you into a cash cow for the pimp. If they turn out to be useless, do nothing for you, and you manage to find yourself a job, they will still claim up to 15 grand of the government for you!

 

Also, people have lost their brand new jobs, thanks to the Pimps telephoning the new employer. Do you really want some company you have no control over, being able to contact your new employer for up to 2 years?

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Thank you,why is it best not to sign the papers?

 

Because retaining your rights under the data protection act, really, really, gets up the pimps noses:oops:

 

Corruptissima re publica plurimae leges

 

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

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It's worked for me anyway.

 

Having refused to sign any waivers, in conversation offering up no information about myself, my past except specifically what they ask and in few words, on my meeting on Monday they have told me from now on they will just Email me every 2 weeks, rather than except me in.

 

The refusal to sign the waivers, and the argument we had over it which showed I knew my rights means that I am not worth their time as they can make very, very little money from me.

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It's worked for me anyway.

 

Having refused to sign any waivers, in conversation offering up no information about myself, my past except specifically what they ask and in few words, on my meeting on Monday they have told me from now on they will just Email me every 2 weeks, rather than except me in.

 

The refusal to sign the waivers, and the argument we had over it which showed I knew my rights means that I am not worth their time as they can make very, very little money from me.

 

 

Nice one!

 

I have all this to come no doubt, so far I have not even been called in for a WFI, I expect the current peace and quiet to be shattered once last years cobwebs have blown away at DWP towers.

 

Corruptissima re publica plurimae leges

 

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

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do you have to sign them if you are on JSA or is it just ESA if don't have to sign them on?

 

NO ONE has to sign them, you are protected by the DPA whoever you are.

 

Corruptissima re publica plurimae leges

 

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

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Also, people have lost their brand new jobs, thanks to the Pimps telephoning the new employer. Do you really want some company you have no control over, being able to contact your new employer for up to 2 years?

 

This is disgusting.

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It's also dumb considering the WPs make their money from how long they've got someone into employment for. But, these people are carrion, bottom feeders, so you can't expect them to have any sense really.

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It's worked for me anyway.

 

Having refused to sign any waivers, in conversation offering up no information about myself, my past except specifically what they ask and in few words, on my meeting on Monday they have told me from now on they will just Email me every 2 weeks, rather than except me in.

 

The refusal to sign the waivers, and the argument we had over it which showed I knew my rights means that I am not worth their time as they can make very, very little money from me.

 

Sorry if I'm being thick here but do I not sign any papers at all that they give me?i have my first appointment with WP soon and just want to know what to do

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This is disgusting.

 

Yep, what many people don't take into account and the pimps go to great pains to hide is the perceived stigma attached to the WP. A prospective employer may well be forgiven for thinking that a candidate that's been through one year kicking his/her heels on JCP, followed by weeks, months or even years on the WP is not very employable, any reference to the WP on a CV is IMHO a sure fire way of not getting the job, I would simply state that I had been self employed for the period in question.

 

How would I then feel if the pimp had phoned my new employer to obtain their financial blood transfusion, resulting in my dismissal for lying on a CV and job application? Murderous springs to mind!

 

Admittedly lying on a CV, and a job application is frowned on, but it's dog eat dog out there, anything a person can do to get on is OK with me, I'd rather be a liar than a loser.

 

Corruptissima re publica plurimae leges

 

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

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Sorry if I'm being thick here but do I not sign any papers at all that they give me?i have my first appointment with WP soon and just want to know what to do

 

Don't sign anything at all. The DWP confirmed that you do not need to sign anything, and you cannot be sanctioned for refusing to sign.

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