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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
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    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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What is meant to happen at a work focused interview?


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Not for me; but my brother:

He had one yesterday and mum came along with him. He asked his address, telephone number, DOB, etc. He was told (he's in WRAG - appealing) that he has to either do education or find a job. Are you required to do these things? I thought the stuff discussed in WFIs were just recommendations and you don't have to do anything?

 

The woman then admitted she's clueless about Aspergers Syndrome. By this point my brother was twitching. (if I do this, it's generally a sign of sensory overload / I'm starting to get uncomfortable an am about to have a meltdown of some sort)

 

The lady then gave him and mum a lecture and asked him how long he's had Aspergers for? Mum replied and said that he was diagnosed at 14. The lady then made some comment about how he can't stay on benefits for ever. What business is that of hers anyway?:x

 

Yes, like me, he's considered high functioning; but with some of the issues associated with Autism / Aspergers, getting a job is bloody difficult. And then there's the attitudes from other people...

 

Mum has contacted a local support group to get advice on this.

 

On a side note - I asked mum if brother had been called for an assessment by ATOS and she said no. (I wasn't either - but was put into the support group) How can they just put someone in WRAG by the stuff that's been written on the forms? It would have made more sense to see him and then decide whether it's support group, WRAG or fit for work and not WRAG straight off.

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Would your brother consider some voluntary work if it came to it? Young fellow with Apergers volunteers behind the counter at a local youth centre and does some sort of music lessons with teenagers based on what he's learned at a college course.

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My understanding is you can't be made to find a job at all, or take up any activity that is contrary to the descriptors he met - so do you have the report showing how he was scored to get into wrag? This can be used against the provider. remember they have no information on what descriptors were scored on, and tend to be overly pushy with ESA claimants due to the higher incentive payment for an ESA claimant finding work.

 

My husband has aspergers (diagnosed in his 40's), so I totally understand the limitations. My husband's anxiety levels are so bad, now, he couldn't even deal with claiming ESA and having an assessment (due to my claim he doesn't have to, we lose a little money, but rather that than all the stress it would cause). The anxiety having become worse as he's gotten older - he certainly can't work now (though did up to recently) and has gotten to the point that just ordinary things happening at home make his anxiety so bad he can't function. People don't realise how debilitating aspergers can be, and see others with the condition in jobs and managing, but as the psychologist we saw explained, there are two types of people with aspergers, those who have no awareness and just....be how they are, without the social skills and abilities, and everyone around them just have to deal, or they are those like my husband who are very aware of how different they are, and to them the world is a dangerous place, full of people who might as well be wearing masks, having interactions he doesn't understand.

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

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Not sure if mum has the report. Will ask her about it.

 

My understanding was that what's discussed in WFIs (ie, education and training) is just a recommendation. I know you can't be made to look for work.

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Not sure if mum has the report. Will ask her about it.

 

My understanding was that what's discussed in WFIs (ie, education and training) is just a recommendation. I know you can't be made to look for work.

 

No, I believe the preparations for work, once agreed, need to be adhered to or risk sanction - part of the newer tougher changes, made recently. There may be some scope to argue against taking part while in the appeal process, but whether anyone has been successful arguing this, I don't know. This is why it is so important to be able to get the scores for the descriptors, and say to the provider 'this says I can't be expected to do what you're asking'.

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

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Do you have a link to the new changes made recently please?

 

Mum said she's going to make a complain to the job centre about this.

 

I'll have a look for a link, but yes, a complaint is a good idea - he shouldn't be told he has to get a job.

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

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Thank you.

 

Just found this (from your link)

Advisers will only ask claimants to take part in work related activities that are reasonable and that take into account their circumstances and capability. This includes health conditions, disability and caring responsibilities.

 

It sounds as though the adviser ignored these things.

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Thank you.

 

Just found this (from your link)

 

 

It sounds as though the adviser ignored these things.

 

They don't have any direct info on the capabilities of the person in front of them. Even if you tell them, unless they are familiar with the limitations of the condition, they may not understand the relevance of a diagnosis, they may also think the person in front of them is exaggerating their limitations. It is important to be very firm with them, have a copy of where points have been scored, and if necessary, write in detail what this means in practical terms as to what can and can't be done. For instance for education it might be 'can't study in a normal classroom environment without a carer/assistance, but can study an online course at home where I feel safe'.

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

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Thank you

 

Spoke to mum just now and they've put him in the support group.

 

That must be such a relief for your brother (and you and your mum).

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

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Yes it is. :) She said that (as she found on Monday) that because he was made to attend the interview, she has to then deal with his behaviour after.

 

Is it right that they now have to wait on another letter about his money going up? He was receiving £110 a week on IB and has transitional protection on ESA. He has no other income. My ESA (income based) is around £243 every fortnight.

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Once the decision is made and processed, any back pay should be paid into his account shortly after, and his regular payments will increase. When I went from work group to support group, I don't think I even got a letter about money going up - though they SHOULD be sent out. If he has had a letter about moving to the support group, has he checked his bank account? There could be a back payment made already, or it could appear in the next few days.

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

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They don't have any direct info on the capabilities of the person in front of them. Even if you tell them, unless they are familiar with the limitations of the condition, they may not understand the relevance of a diagnosis, they may also think the person in front of them is exaggerating their limitations. It is important to be very firm with them, have a copy of where points have been scored, and if necessary, write in detail what this means in practical terms as to what can and can't be done. For instance for education it might be 'can't study in a normal classroom environment without a carer/assistance, but can study an online course at home where I feel safe'.

 

If you carry on in that way, you will no doubt be heading for a sanction!

 

As many others have said in the past that it is Ok to have principles and demand that they adhere to the strictness of the legislation if you can cope with the aftermath of sanctions and have money set aside to live off whilst you appeal against that sanction.

Surely it is much better (for a quieter life) just to play the 'game' with them and go along with what they suggest?

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If you carry on in that way, you will no doubt be heading for a sanction!

 

As many others have said in the past that it is Ok to have principles and demand that they adhere to the strictness of the legislation if you can cope with the aftermath of sanctions and have money set aside to live off whilst you appeal against that sanction.

Surely it is much better (for a quieter life) just to play the 'game' with them and go along with what they suggest?

 

Unfortunately, when you have an illness or a disability which is not being catered to correctly by the work provider, it is not about 'principles', but about being stuck between a rock and a hard place. Do you choose to risk an appeallable sanction for standing up for yourself, or risk a sanction by not being able to physically or psychologically do the mandated work activity.

 

For ESA claimants, making things very clear in the beginning is the only sensible way forward - we often don't have a choice to 'just go along with it'.

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

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Unfortunately, when you have an illness or a disability which is not being catered to correctly by the work provider, it is not about 'principles', but about being stuck between a rock and a hard place. Do you choose to risk an appeallable sanction for standing up for yourself, or risk a sanction by not being able to physically or psychologically do the mandated work activity.

 

For ESA claimants, making things very clear in the beginning is the only sensible way forward - we often don't have a choice to 'just go along with it'.

 

I fully understand your point and can see the difficulties that some people may find themselves with. But, and I am an ESA claimant (Support Group) and if I was in the work group I wouldn't 'rock the boat', I would attempt to do whatever they asked of me and if it caused a problem medically or mentally, I would pop along to my GP and get a sick note. I would then hand it over saying that what I was asked to do has made me ill or caused a deterioration in an already existing condition. Then it would be up to the provider/Jobcentre Plus and the GP to sort out. I wouldn't be refusing, my GP would be telling them that they are harming me. I would just sit back and see what happens telling them to keep me out of it - I've tried but it's the GP that is unhappy. I doubt that they would ask you to do the same or similar thing again - you could in fact tell them that on advice obtained you could sue them for harming you.

 

Mt attitude is never to put yourself in the firing line, you can hand over the bullets, but make sure someone else fires the gun!

Edited by fedupandold
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I fully understand your point and can see the difficulties that some people may find themselves with. But, and I am an ESA claimant (Support Group) and if I was in the work group I wouldn't 'rock the boat', I would attempt to do whatever they asked of me and if it caused a problem medically or mentally, I would pop along to my GP and get a sick note. I would then hand it over saying that what I was asked to do has made me ill or caused a deterioration in an already existing condition. Then it would be up to the provider/Jobcentre Plus and the GP to sort out. I wouldn't be refusing, my GP would be telling them that they are harming me. I would just sit back and see what happens telling them to keep me out of it - I've tried but it's the GP that is unhappy.

 

As you'd already have been assessed, any claim that your condition had worsened to not be able to take part in a work programme activity, would trigger an assessment process by the DWP involving an ESA50 and probably an ATOS assessment, which could lead to a failed assessment and possible appeals process.

 

The law states that the work providers are not allowed to mandate you to do anything that you have been assessed as not being able to do - problem is, they are not provided with details of your assessment, so it is currently up to the claimant to ensure the work provider is fully aware of your assessed limitations.

 

Doing an activity that you have been assessed as NOT being able to do risks benefit being suspended and possible interview under caution - especially if during the assessment process you have asserted that you CAN'T do that task.

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

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If you carry on in that way, you will no doubt be heading for a sanction!

 

As many others have said in the past that it is Ok to have principles and demand that they adhere to the strictness of the legislation if you can cope with the aftermath of sanctions and have money set aside to live off whilst you appeal against that sanction.

Surely it is much better (for a quieter life) just to play the 'game' with them and go along with what they suggest?

 

Go along with they say and then risk a meltdown, which his mum has to deal with. Yeah, sound advice there.

 

It's not about principles - it's about them not understanding and telling people to do stuff they can't do.

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