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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Mark Hoban and DWP caught out re 'sanction targets'


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http://www.guardian.co.uk/society/2013/mar/21/jobcentre-set-targets-benefit-sanctions

 

After grinding my teeth down watching question time, I saw this, suspected for so long and now confirmed.

 

Everyone with me in believing this is not an 'isolated case'?

Edited by estellyn

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Whilst not the DWP, most if not all government departments have league tables for various actions. Some are just as simple as quantifying how many times a telephone rings that isn't answered within 3 rings. In my department, we used to have regional leagues of how much money we could squeeze out of someone when they had become bankrupt as well as how many that were squeezed each month. Some lucky blighters got away with little or nothing to pay, but if an individual's target was low, pressure was placed on the staff by the line manager to up the cases. I was always in the top 5 of the office, as I always thought 'what can I get out of this guy'. Personalities played a huge part, don't like the guy, I'll have him!

 

The Civil Service is governed by targets, don't let anyone say that they aren't.

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Awful to see it in print like that but I am not surprised, however like the "targets" that are in place for ATOS the government will just deny all knowledge and claim it is an isolated case when we all know that is not the case at all.

 

The government are willfully ignoring that fact that in many areas in the UK there really are hardly any jobs it doesn't matter how much they punish someone for being out of work, you can't work in a job that doesn't exist!

 

Also the last part of the article where the regional manager give examples of things for advisors to look out for so that they can sanction such as picking up kids etc has real implications for people with health problems being unfairly removed from ESA and told to claim JSA as it won't be long until time spent suffering ill health will be enough to lead to sanctions, if this is indeed not already happening.

 

What a horrible state of affairs, and I agree the question time panel this evening was a pretty grim line up, the two women panelists were not quite so bad.

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Whilst not the DWP, most if not all government departments have league tables for various actions. Some are just as simple as quantifying how many times a telephone rings that isn't answered within 3 rings. In my department, we used to have regional leagues of how much money we could squeeze out of someone when they had become bankrupt as well as how many that were squeezed each month. Some lucky blighters got away with little or nothing to pay, but if an individual's target was low, pressure was placed on the staff by the line manager to up the cases. I was always in the top 5 of the office, as I always thought 'what can I get out of this guy'. Personalities played a huge part, don't like the guy, I'll have him!

 

The Civil Service is governed by targets, don't let anyone say that they aren't.

 

There are targets in place for many things for DWP staff. That's not at issue here. The point is that the necessity (or otherwise) for a sanction is not amenable to being dictated by target. And if ministers didn't understand this basic fact, why did they bother to deny the existence of said targets? Why not just say "Yes, there are targets for sanctions! So what?"

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The idea that all politicians lie is music to the ears of the most egregious liars.

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There are targets in place for many things for DWP staff. That's not at issue here. The point is that the necessity (or otherwise) for a sanction is not amenable to being dictated by target. And if ministers didn't understand this basic fact, why did they bother to deny the existence of said targets? Why not just say "Yes, there are targets for sanctions! So what?"

 

Absolutely, it's the same as targets for finding people fit for work - people either are or are not fit for work, it shouldn't be something that could be changed by the pressure of targets. People either are or are not actively seeking and available for work - an increased target for an adviser does not create more people who aren't complying with their jsag or work programme requirements. It just creates an incentive to take advantage of the most vulnerable, in order to massage government statistics and put weight behind the 'benefit scrounger' rhetoric.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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And let me stress that, while they could say that at end of the day they saving the taxpayers' purse, what happens is that the DWP is shifting public resources from the unemployed to the Work Programme contractors. This government. like any other before and after this, is increasing public spending but reducing the welfare offer. It's another way to move money form the poor's pockets into the 1% richest.

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

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In my department, we used to have regional leagues of how much money we could squeeze out of someone when they had become bankrupt as well as how many that were squeezed each month. Some lucky blighters got away with little or nothing to pay, but if an individual's target was low, pressure was placed on the staff by the line manager to up the cases. I was always in the top 5 of the office, as I always thought 'what can I get out of this guy'. Personalities played a huge part, don't like the guy, I'll have him!

.

 

You, sir, sound like a gentleman and a scholar. Not only do I feel warm and fuzzy at your contribution to this thread -- I feel genuinely inspired as to your contribution to humanity. I salute you.

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Another article on the same theme today in the Guardian

"
....by Friday more jobcentre workers had contacted
the Guardian
to say that targets and league tables, and incentives, are indeed in place. In one jobcentre, it was alleged, the reward for sanctioning a jobseeker is a horribly uncharitable Easter egg...

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Another article on the same theme today in the Guardian

"
....by Friday more jobcentre workers had contacted
the Guardian
to say that targets and league tables, and incentives, are indeed in place. In one jobcentre, it was alleged, the reward for sanctioning a jobseeker is a horribly uncharitable Easter egg...

 

 

Hope the Easter Egg chokes them! :x Almost beggars belief! Instead of 50 pieces of silver, a cheap, probably non-organic, non-Trade Fair "chocolate" egg.

 

Impecunious! :shock:

Edited by impecunious
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Reminds me of the practice of culling animals if there's too many of them...but unlike seals, we come back after a few months to be culled again...and again.

 

Oh dear! I need a cuppa and a KitKat to cheer me up today! :)

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The Guardian is not letting up on this.....

 

The Malvern jobcentre newsletter states:

 

"We are now into the new sanctions regime … and we are currently one of the worst performing offices with sanction benefit referrals and unless we improve we will put under special measures. That will mean staff from other offices and the performance team coming into Malvern and looking at all our processes to see how we can improve our SBR [stricter benefit regime] performance."

 

The newsletter adds that the jobcentre will have

 

"little say" on subsequent recommendations and its staff may have their "personal individual performances" monitored to "achieve the end result".

 

"We do not want this," the newsletter goes on. "My plea to you is to identify SBR issues and refer to DMA [sanctioning] where appropriate." The document, passed to LabourList, adds that overall performance should be 5% of the "live load".

 

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Am glad they are not being able to sweep it under the carpet so to speak. This needs sorting out, they know damn well there aren't the jobs available, and people can only do so much to get one, I swear that a jc worker yesterday was trying to goad my daughter into a row during a phone call, luckily I was with daughter at the time and she therefore had a witness, the errors at the jobcentre lately with appointments etc is diabolical, am wondering if its all pre sanction game play, seems its now going to be necessary to record job centre visits and not just atos.

 

Just for the record, some of the jobcentre workers are fine and I feel for them with this, they are being bullied really into doing this. For heavens sake this govt need outing.

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They're still coming. The Guardian reports on the Lords, rejecting an inquiry into whether jobcentres have sanctions targets. It's no surprise that the Welfare Minister, Lord Freud, labelled as an 'out of touch hypocrite', responsible for the introduction of the bedroom tax, who, incidentally owns a second London home just for occasional use worth £1.9 million, is at the heart of this.

 

However, pressure from the Guardian features opposition Margaret Hodge, chair of the public accounts committee leaving this message...

"
As a consequence of the policy it seems that those claimants that do not understand the system … are most likely to have their benefits sanctioned as they are easy targets … there will be suicides over this, mark my words.

 

Edited by outlawla
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Everyone with me in believing this is not an 'isolated case'?
I have absolutely no doubt that, not only is this not an isolated case, but that this is a government policy and has been for a long time. There is no other explanation for the number of cases I come across where the claimant has been treated completely unjustly.

 

2 examples:

 

1. A couple we know were evicted and found temporary accommodation. They informed the Job Centre using the correct forms that they had moved (and the Job Centre acknowledge this is the case). They were sanctioned because they failed to turn up for an interview as the appointment was sent to their old address. They have been denied any come-back.

 

2. Someone else we know was sent two appointments, one for the Job Centre and the other for one of these employment firms - both at the SAME TIME in different towns. He spoke to both explaining the situation and both told him that he would be sanctioned if he didn't turn up. He was sanctioned.

 

Not even DWP can be this incompetent - it has to be policy.

Edited by steven4064

 

 

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