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    • Thanks for that, point one just confirms what I thought, I will get back to work on it with those suggestions in mind. Cheers
    • Two quick and immediate points:   1. Do NOT get your employer to suggest you were exhausted. You shouldn't drive whilst exhausted and it aggravates the offences. But in any case, since you are pleading guilty to them it doesn't matter. The circumstances of each offence are not relevant when the court considers your EH argument. By that time you have been convicted of them and how or why they happened is not a consideration.    2. Instead your employer's letter to the court should concentrate on the "Hardship" that others (e.g. the company or your colleagues) will suffer if you are banned. It should also cover why no alternatives are available to them (e.g. are your skills and knowledge scarce such that they cannot easily be replaced; can they not train somebody else quickly to do your job). That sounds harsh but your employer will be asking the court to accept that they will suffer hardship. Part of doing that is to demonstrate that no practical alternatives are available.   Remember, you will get three points for each offence whatever mitigation you offer for them - that is the minimum. So you don't need to concentrate on that. Concentrate on explaining the exceptional hardship that you or others will suffer.
    • Well that sounds a bit more hopeful. I suggest that you search the land registry https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do and if you happen to find that he is the owner of the property then you've got a very good chance at enforcing a judgement. He doesn't own the property then I think we have serious problems. I think that the search costs may be about £3 or so. This is definitely worthwhile doing
    • but you sent a cca request to the claimant did you not?   dx  
    • So would I need to cancel the Mediation?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

work programme after 2 years


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Yes, had that confirmed by my own adviser when I signed on last Thursday. I finished the WP last August and have been on PWP ever since so mercifully I'm spared the humiliation of 'Help To Work'. Apparently it's just 'business as usual' and fortnightly sign-on for the foreseeable future, but I wonder how long they'll let that last - no doubt they'll dream up some new scheme for all those who escaped HTW.

Yes but if u read further it is buisness as usual until you reach 26 weeks of post work program support then it is at the discrestion of your advisor if you go to daily work search reviews or

Community work placement

TJR JNR

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Well I've now been on the PWP for 9 months now - 32 weeks and my adviser said I'm still on it for the foreseeable future, so long may it continue.

 

This is one case where I don't mind them ignoring the guidance :)

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Well I've now been on the PWP for 9 months now - 32 weeks and my adviser said I'm still on it for the foreseeable future, so long may it continue.

 

This is one case where I don't mind them ignoring the guidance :)

 

Same here im on my 34th week now but four weeks ago my advisor said i have 6 weeks to find my own voluntary work or hes putting me forward for community work placement but then two weeks later (the last time i saw him) he said hes going to another jobcentre so im going to be getting a new advisor and also a letter saying my area Region will be moving over to universal credit in july so it might all change when i go to sign on this coming tuesday with my new MIR advisor

TJR JNR

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update.

i went on that 2 day course last week.

i sat arouund with about 9 of us while someone from reid spoke about what i will do next to inprove my chances of finding work.

the lady was really nice but im still waiting to get my fares paid back from her boss.

 

i found out im being put on another course for 3 days in june something called 3g course.

 

 

i feel like im just being passed around.

oh that letter never showed up. the one that told me where i had to go on that first course.......

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  • 4 weeks later...
Well I've now been on the PWP for 9 months now - 32 weeks and my adviser said I'm still on it for the foreseeable future, so long may it continue.

 

This is one case where I don't mind them ignoring the guidance :)

Well signed on today an only 3 staff in an got told the others were on a course an when i sat down with an advisor to sign she asked me how i was gettin on told me shes makin me an intervention appointment with an advisor who was away on the course an said it was to learn how the help to work scheme can benefit customers an to learn the guidlines an how it works etc and that everybody who finished the work programme more than 26 weeks previous will eventualy have an intervention appointment to give the advisor a chance to intervene with how the customer is looking for work and look at the Help to work scheme as a way of moving forward

TJR JNR

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I would point out to them they already have failed at their intervention in your case as you still have not got employment - that would make them rather agitated!

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I know sumbody who finishd the work program and is a volunteer at a Sue Ryder Charity Shop and his Advisor just said that was fine but did ask him to cut it down from 4 out of the 5 week days to 3 incase guidelines change an he has to have more regular appointments at the jobcentre

TJR JNR

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  • 2 months later...
Well signed on today an only 3 staff in an got told the others were on a course an when i sat down with an advisor to sign she asked me how i was gettin on told me shes makin me an intervention appointment with an advisor who was away on the course an said it was to learn how the help to work scheme can benefit customers an to learn the guidlines an how it works etc and that everybody who finished the work programme more than 26 weeks previous will eventualy have an intervention appointment to give the advisor a chance to intervene with how the customer is looking for work and look at the Help to work scheme as a way of moving forward

 

According to Citizen_x, if you were on post work programme support before April 2014 you will be staying on it and not referred to Help to Work.

 

 

3. Where the WPCI date is prior to 28 April 2014, the previous JSA Post

Work Programme Support (PWPS) guidance must be followed. "

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According to Citizen_x, if you were on post work programme support before April 2014 you will be staying on it and not referred to Help to Work.

 

Yes but if you read further down the guidelines those who finished work programme before april 2014 do stay on post work programme support but have a review after 26 weeks of pwps and then can be put forward for MWA - Mandatory Work Activity which is very similar to the Help to work scheme

TJR JNR

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Visions of abandoned Victorian industrial buildings full of asbestos, rotting floors, and collapsing roofs spring to mind - I really do hope the placement company has full liability insurance and provides sufficient protective clothing.

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Yes but if you read further down the guidelines those who finished work programme before april 2014 do stay on post work programme support but have a review after 26 weeks of pwps and then can be put forward for MWA - Mandatory Work Activity which is very similar to the Help to work scheme

 

I've now been on PWP for a year now and still no sign of anything different - which suits me fine, though I'm surprised I haven't been drafted into some hastily-organised 'new' scheme. I think the DWP have their hands full dealing with the new people and simply don't have the time to spare.

 

I always make sure I show far more job search evidence than required so possibly they're 'parking' me - for the moment anyway - and concentrating on the ones who aren't playing ball. Who knows how the minds of the JC work? Plus I see a really decent adviser who knows that I don't need further work experience or training so hasn't tried to push me onto anything else until it becomes compulsory. A lot of it seems to be down to pot luck at the JC; no two people are treated alike it seems.

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Visions of abandoned Victorian industrial buildings full of asbestos, rotting floors, and collapsing roofs spring to mind - I really do hope the placement company has full liability insurance and provides sufficient protective clothing.

nothing im just wearing some old cloths and trainers.its an old hospital we are clearing out with asbestos roofing ,dont even have a mask. cant hardley see as the windows are all boarded up and theres no electric.

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Bcham, that's pretty serious!! I would be contacting your councils environmental health and the health and safety executive to report the "employer" physical labour in a building with asbestos without PPE cannot be lawful not to mention not providing stuff like steel cap boots.

 

If you receive any injurys esp something heavy landing on your foot I would sue for as much as you can get.

 

Next time you are there I would ask the manager for proof that his company has full liability insurance (I suspect an accident would cost them extremely dearly as I doubt insurance would cover injuries that could be averted by safety equipment) and what about risk assessments and safety briefings? Have you had any?

Not issuing PPE, this company and the Provider is practically asking for people to intentionally let themselves get hurt for the compensation

 

nothing im just wearing some old cloths and trainers.its an old hospital we are clearing out with asbestos roofing ,dont even have a mask. cant hardley see as the windows are all boarded up and theres no electric.

[sIGPIC][/sIGPIC]

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Bcham, that's pretty serious!! I would be contacting your councils environmental health and the health and safety executive to report the "employer" physical labour in a building with asbestos without PPE cannot be lawful not to mention not providing stuff like steel cap boots.

 

If you receive any injurys esp something heavy landing on your foot I would sue for as much as you can get.

 

Next time you are there I would ask the manager for proof that his company has full liability insurance (I suspect an accident would cost them extremely dearly as I doubt insurance would cover injuries that could be averted by safety equipment) and what about risk assessments and safety briefings? Have you had any?

Not issuing PPE, this company and the Provider is practically asking for people to intentionally let themselves get hurt for the compensation

 

theres nine placements clearing the buildings,all like me from interserve. they are going to turn the hospital in to a mosque

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Bcham, that's pretty serious!! I would be contacting your councils environmental health and the health and safety executive to report the "employer" physical labour in a building with asbestos without PPE cannot be lawful not to mention not providing stuff like steel cap boots.

 

At a minimum, I would expect steel toe cap boots, gloves, and hard hat - In addition, if asbestos containing materials are present, it is a legal responsibility of the "employer" to provide instruction and training along with compliance with all other legislation. Ask, no, demand to see any/all paperwork held by the placement company regarding risk assessments, RIDDOR procedures, and first aid arrangements. If these documents are not forthcoming, raise an urgent complaint with the DWP.

 

Most definitely call the HSE on 0300 0031647 and raise the issues with them. Follow this up with a call to the local papers (I'd suggest emailing Amelia Gentleman over at the Guardian as this would certainly be of interest to her).

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only thing is i am half way threw my placement,if i kick up a stink i will have to start another from scratch.

 

I'm pretty sure time served on one placement counts against another if you have to be moved.

 

Are you prepared to be used and abused and let others suffer the same fate ?

Would a serious and preventable accident have to take place before a report is made ?

What will you do if you have an accident tomorrow ?

 

You have a duty of care to yourself and others - If this "workplace" is dangerous and you are not being provided with PPE & training, it must be reported.

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Not only is Bcham running the risk of industrial injuries by not being provided with adequate basic protection he is being exposed to asbestos which makes his position life threatening for years to come as well as dangerous whilst there.

 

It would be illegal for a properly paid employee with a contract of employment who worked for a company that has to comply with health & safety laws to be made to work in the conditions described.

 

Here is an extract from an American article on asbestos exposure that highlights the seriousness of the risk Bcham is taking by continuing to attend that placement. Not only is he risking his own life he is risking the lives of all family and friends that he comes in contact with.

 

Health Risks of Exposure

Exposure to microscopic asbestos fibers can cause permanent damage to the lungs and other body organs and lead to the development of cancer. Symptoms of these diseases may not appear until 10 to 50 years after exposure has occurred.

Approximately 2,000 to 3,000 Americans are diagnosed with mesothelioma each year, and about 2,000 to 3,200 asbestos-related lung cancer deaths are recorded annually. And an estimated 200,000 people in the United States are currently living with asbestosis, an inflammatory condition of the lung tissue caused by exposure. Many other cancers and serious conditions have been linked to exposure.

 

Like plaintiffs who are directly exposed to asbestos, claimants who are injured by secondary exposure may be eligible for compensation. In order to bring a successful legal claim, they must be able to trace their exposure to a defendant who is liable for failure to warn or protect against the dangers. This usually involves investigating the work history of a family member who was exposed on the job.

 

For instance, John Panza Jr., a 40-year-old English professor, was diagnosed with mesothelioma in 2012. For more than 30 years, his father worked at a brake-producing plant where products manufactured by National Friction Products Corp. were drilled and abraded. As a child, Panza helped his father wash work clothes. In 2012, he filed a lawsuit against National Friction alleging that he inhaled fibers from the company's products that landed on his father's clothes.

 

In 2013, an Ohio jury found that National Friction was liable for Panza's illness. It ordered the company to pay Panza and his wife $27.5 million. The plaintiffs' award included $515,000 in economic damages, $12 million in non-economic damages, and $15 million for the wife's loss of consortium claim. A second trial will be held to determine whether National Friction will also be ordered to pay punitive damages.

 

Nothing should be given more consideration or priority than GETTING OUT OF THERE NOW!!!!!

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Came across an interesting little memo: https://www.gov.uk/government/publications/wp162-provider-memo-second-referrals-to-the-work-programme

 

It would appear that a few poor souls have been (incorrectly) mandated back on to the Work Programme - Might be worth bookmarking the memo and printing it off should anyone here be unfortunate to get a second referral.

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  • 2 weeks later...

Bcham, I worked for a city councils building services debt mainly admin but also got to go out with surveyors testing for asbestos.

 

For invasive surveying or in a crumbling property the risk of what could happen if asbestos WAS present was so severe that employees had to effectively wear gear that is not a million miles different to the biological/chemical warfare suits Soldiers wear.

 

If the contractor and property owner sent you in knowing asbestos was present or did not do a full survey to establish if present then both are in severe faecal matter with the SHE etc and open to being sued for fortunes by anyone who attended

 

A big storm cracked open the ceiling of my living room in Leeds and on advice of landlords insurer and my manager at building services due to age of the house we had to evacuate whilst an urgent survey was done.

 

That is how serious even the possibility of Asbestos is, let alone the confirmed presence.

[sIGPIC][/sIGPIC]

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i asked the man in charge if the building was asbestos free ,and he replied yes its the adjoining building with the asbestos. and there were signs on the door reading asbestos beware.and i saw no signs of asbestos. but to me it was a shambles as no work ware were provided,only gloves. well only 2 days left.

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