Jump to content


  • Tweets

  • Posts

    • dont go near them bunch of scammers! ive removed ref. dx  
    • I used to post regularly in order to provide factual information (rather than advice) but got fed up with banging my head against a brick wall in so many cases when posters insisted black was white and I was writing rubbish. I have never posted anything which was untrue or indeed biased in any way.  I have never given 'advice' but have sought to correct erroneous statements which were unhelpful. The only username I have ever used is blf1uk. I have never gone under any other username and have no connection to 'bailiff advice'.  I am not a High Court Enforcement Officer but obtained my first 'bailiff' certificate in 1982. I'm not sure what records you have accessed but I was certainly not born in 1977 - at that time I was serving in the Armed Forces in Hereford, Germany (4th Division HQ) and my wife gave birth to our eldest.   Going back to the original point, the fact is that employees of an Approved Enforcement Agency contracted by the Ministry of Justice can and do execute warrants of arrest (with and without bail), warrants of detention and warrants of commitment. In many cases, the employee is also an enforcement agent [but not acting as one]. Here is a fact.  I recently submitted an FOI request to HMCTS and they advised me (for example) that in 2022/23 Jacobs (the AEA for Wales) was issued with 4,750 financial arrest warrants (without bail) and 473 'breach' warrants.  A breach warrant is a community penalty breach warrant (CPBW) whereby the defendant has breached the terms of either their release from prison or the terms of an order [such as community service].  While the defendant may pay the sum [fine] due to avoid arrest on a financial arrest warrant, a breach warrant always results in their transportation to either a police station [for holding] or directly to the magistrates' court to go before the bench as is the case on financial arrest warrants without bail when they don't pay.  Wales has the lowest number of arrest warrants issued of the seven regions with South East exceeding 50,000.  Overall, the figure for arrest warrants issued to the three AEAs exceeds 200,000.  Many of these were previously dealt with directly by HMCTS using their employed Civilian Enforcement Officers but they were subject to TUPE in 2019 and either left the service or transferred to the three AEAs. In England, a local authority may take committal proceedings against an individual who has not paid their council tax and the court will issue a committal summons.  If the person does not attend the committal hearing, the court will issue a warrant of arrest usually with bail but occasionally without bail (certainly without bail if when bailed on their own recognizance the defendant still fails to appear).   A warrant of arrest to bring the debtor before the court is issued under regulation 48(5) of The Council Tax (Administration and Enforcement) Regulations 1992 and can be executed by "any person to whom it is directed or by any constable....." (Reg 48(6).  These, although much [much] lower in number compared to HMCTS, are also dealt with by the enforcement agencies contracted by the local authorities. Feel free to do your own research using FOI enquiries!  
    • 3rd one seems the best option, let 'em default, don't pay a penny, nothing will happen, forget about all of this. As for Payplan don't touch them with a bargepole, nothing they can do that you can't, and they will pocket fees. A do it yourself DMP is pointless as it will just string out the statute barred date to infinity.
    • Because that’s what the email said. Anyway it’s done now. Posted and image emailed.    im doing some reading in preparation for defence but I will need my hand holding quite tightly by you good people.  I’m a little bit clueless
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

My overall Benefits journey from 2013 to date - and on going still!!


Guest
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 386 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can I just play devil's advocate here? I asked the same question at the Knob Centre when I first signed on for JSA and I was told that any "income" over £5 pw had to be declared .... (they didn't specifically say "earnings") ........ the income had to be declared and then it was then up to the Decision Maker to decide whether it could be disregarded or not.

 

Would be interesting to know ...

 

Imp :-)

Link to post
Share on other sites

  • Replies 697
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

the £5 referred to is an "earnings disregard" derived from paid work, which selling your own unwanted goods is not

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Selling your own personal items is not income that has to be declared.

 

If you went and purchased items with the intent of selling at a profit, then that would need to be declared.

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

Link to post
Share on other sites

  • 1 month later...

In our area claims for DLA were allowed up until the 9th June, my next door neighbour applied and sent his forms off on May 20th, I helped him as much as I could with them, he answered everything, had a letter from his daughter who part time cares for him ( in and out daily for a few hours etc), he got a text message the day the form was received and it said there could be up to 8 weeks wait, he then got another text saying they had contacted his GP and no need for him to contact the GP or them, last week he got a letter saying sorry its taken so long and they will write when they have more information. We are wondering why this would be? as the GP is now his only medical contact, the specialists dealing with his conditions having advised the GP on meds and treatment, and the GP has him in every 2-3 months to keep a check and update how he is managing, so we kind of thought the GP report would be the main body of the claim decision, which they must have received certainly in June.

Given all I have read on here and in general, I don't think they are going to help him but why the delay, I would have thought a refusal would come quicker rather than later.......any ideas? I know nobody here can say for sure either way but thoughts, ideas, welcome.

Link to post
Share on other sites

It could be anything from half the staff being on holiday to his GP took a while to reply and they've only just got it or even it's a condition the DM doesn't know much about so he's asked for an opinion from ATOS.

 

2 months for a DLA claim is probably not that unusual.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Oh I see Nystagmite, he didn't get a letter, only a text message which said it can take upto 8 weeks. The only letter was the one last week to say sorry it was taking so long lol

Link to post
Share on other sites

In my experience, allow 13 weeks for dla claims - and most delays are due to the gp not returning the form - might be worth giving the surgery a call to check and prompt.

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

Link to post
Share on other sites

Ahhh thankyou estellyn, that could be a possibility, I know he has the same GP as me and the GP had a week away around the time the report was requested and also doesn't work every day now, so maybe the delay is to do with that, and maybe a back log also. It will likely be August time before he hears then. I will suggest to his daughter about checking with the surgery etc.

Link to post
Share on other sites

Well the dreaded day has finally arrived, for some reason I don't feel as bad as I thought I would (that will no doubt change in due course) maybe its due to the wait and expecting of it, and I know its gone to a different level now having read RMW's experience, but now its started its almost better than waiting for it. I fully expect to have a messical and fail, goes without saying, and wont be the shock it was before in 2009.

So the letter arrived this morning, telling me I will get a phone call to talk about how the change from IB will affect me, and after this call I will receive questionnaire to fill in and they will decide from that if I am entitled to ESA or not, or if I need an assessment, (looks like atossers messical on the menu, with sour tasting failure being the dish of the day). Letter says if I don't hear from them within 2 weeks of the letter to ring them, its dated 20th July, so already almost a week in, so 2 weeks would be the 3rd August which is a Saturday and they only open Mon-Fri (according to the letter) so I guess I will ring on the Mon 5th?? if not heard. Bit of a pain as the family are taking me away on Saturday for a week, and I really don't want that phone call during that break, but scared to miss it, if I haven't already as I mis-placed the charger and its been off all this week until I found the charger (in with the laundry, don't ask lol).....Am guessing this is the time when I need to log calls I make and not forget to request a recorded assessment if I have to go to one.

Link to post
Share on other sites

Download a copy of the ESA50 now and start compiling it. Go through it quickly filling it in then go over it every day bit by bit fattening up your responses after checking every question against the full descriptors.

Start compiling your evidence.

I also included a long description, 3 pages, of an average day.

 

Dont Panic.

 

It was 7 months between sending in my ESA50 and getting a letter putting me into the WRAG without an assessment.

Then again the HCP, contradicted every response I put on the ESA50 so its an Appeal now.

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

Link to post
Share on other sites

Ignore their phone call, you are under no obligation to speak to them or even give them your number.

 

They never phoned me, I just filled in the online ESA50 as that gave me a couple of weeks head start before the actual one arrived.

 

The only reason I would phone them is if the ESA50 doesn't arrive within the next month.

 

I will second the advice to start compiling your evidence - appointment cards and your repeat prescription list included - and also start keeping a daily diary of how your condition affects your day to day life so you can condense it into a typical day.

I will also second the advice to check the descriptors before answering the questions as they often don't match the available responses. If none of the tick boxes fit you exactly then don't tick one but write at the side or in the box underneath. Don't be afraid to scribble all over the form if that gets your message across, and if it's worth saying, it's worth repeating at every opportunity.

Final thought - I use the format "Because of x condition I cannot do y. If I try to do y then z happens. The last time I tried to do y ....' Try to use the words risk and danger as often as you can, e.g. if I try to do y I am at risk of ....

 

And don't forget to ask for your recording, in big letters, in the section about special arrangements for the assessment and in the 'any other information' box. Give them every reason to not want to do a face to face assessment!

Edited by reallymadwoman

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

:Ruby_Tuesday:

 

:welcome: It had to happen sooner or later. :-)

 

'...... scared to miss it,' Don't be. Jobcentreplus'll try two or three times, then send an ESA50 anyway. I know more people who, for a variety of reasons, have 'missed' the call than have accepted it. Including me, cos our phones's switched off unless we've arranged to receive a specific call at a specific time. If you do answer the phone, the caller will read a load of info from a script.

(That you already know from CAG)

 

Yes, yes n yes; if you've the facility to log/record calls it'd be senseless not to. And keep an eye out for the ESA50, they're very good at getting lost. If you're anticipating trouble with medical evidence, now's the time to subject access request your doctor.

 

:hug: Margaret.

Edited by **Margaret**
Link to post
Share on other sites

:Ruby_Tuesday:

 

And I'm seconding the advice to make the ESA50 fit you rather than the other way round. Start of my ongoing saga was the first questionnaire I'd ever completed for myself. After three weeks of paper aeroplanes and scrunchies for the cat (she enjoyed it) we gave up on the tick boxes for the activities. In lieu of pages 7 - 16 we submitted sheets of A4 headed up with the descriptors we believe I meet; then used the cos of X, can't do Y, with descriptions of what happens, or doesn't, day to day. Not everyone's choice, but an acceptable alternative format for those who find it easier.

 

Margaret.

Edited by **Margaret**
Link to post
Share on other sites

Thankyou all...am downloading the form today, and will do as you all have said. I am confident on the GP evidence and back up, and I have all other original specialist letters of diagnosis. I wont worry about the phone call then, but make sure I ring if their form doesn't arrive, and meanwhile will fill out the download and work on that........many thanks...will keep updated here.

Link to post
Share on other sites

When working on the ESA50, dont let it faze you, go into as much detail as you can at that moment. If you start losing concentration, close it up and come back to it later or the next day.

You will have around 3 and half weeks to send it in after receiving it so dont panic.

I worked on my ESA50 for around 3 weeks before I had it perfected. I also called in a local Advocacy advisor who helped. I got put straight into the WRAG with no ATOS face to face assessment.

 

Have you thought about contacting your local Advocacy center to help with the ESA50?

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

Link to post
Share on other sites

It may help you if you can get someone who knows you well to help you. In the sense that some of us don't quite realise until it's pointed out, how much we actually struggle with something. And (at least with me) I can't always put my problems into words and need someone's input.

Link to post
Share on other sites

Good ideas Invalidation, I don't know if we have a local advocacy centre but will find out.

 

Nystagmite, my daughter will be a good help there as she is with me a lot and my only source of help.

Link to post
Share on other sites

Always a good idea to get help filling that flaming form in. They must have some very 'weird' psyco designing the form, enticing you complete the form in a way that fails to establish your entitlement.

 

My first form that I sent back was lost somewhere in post (they claimed!) The second had no problems with.

Link to post
Share on other sites

I agree Zonker, if I cant get an advisor appointment I will read all on here and just put all and every piece of info I can on it, extra pages and all..it will like a dossier but what the hell, there will be the recording request on every spare and appropriate space too lol...my daughter is good with helping me do that kind of thing so hopefully I should be ok with doing the form, and will want a recorded assessment if it goes that far. Am trying to cut back even further with spending (very hard) to try and keep something aside in case they just throw me off totally and tell me to go for jsa, have heard this happen to some, and the its like 28 days no money if you ask for reconsideration before a possible tribunal request, when then I understand you can get basic rate benefit, which at least is something....just trying to cover all angles/plans to help keep my anxiety from soaring, as that will kick the bipolar off and its damn hard to get back to my normal, which is never the same as others who don't have bipolar, but better than me in full flight or down in the pit, and aggravates the fibromyalgia, upsets my blood sugar and my diabetes gets worrying, all a viscious (spelling) circle if am not careful, and a very unpleasant merry-go-round. Anyway...one step at a time, I have the form downloaded and am doing as suggested, getting prepared with eyes wide open as they say.

Link to post
Share on other sites

  • 2 weeks later...

Well am back from the holiday the family took me on, shattered and glad to be home, it exhausted me lol....I didn't have the mobile phone with me it was switched off and at home all week. There are no messages on it, so am assuming the dwp either didn't ring or just didn't leave a message. The two weeks from the date of their letter is up today, and theyre not there on Saturdays, although the letter was dated 20th july which was a Saturday. I am therefore assuming if no questionnaire arrives this week I will have to phone them, I will have my daughter with me when I do.

Link to post
Share on other sites

Well I haven't received the questionnaire and daughter was worrying incase it didn't arrive (genuinely or otherwise) so she sat with me while I rang them back, I said no need to explain about all the changes as daughter had found the info online and she understood it, and would explain to me whenever I was anxious and or had forgotten it all which was the usual thing with my memory and digesting things, all I needed to do was make sure the questionnaire got to me and it hadn't, the jc+ lady was very polite, unlike previous times/people, she said the questionnaire should be with me in the next 2-3 weeks, and to be sure to put as much info on it as possible, daughter can help, and any GP info/medical evidence I have to make sure its on there, she made a point of stressing the importance of info/evidence, and wished me all the best with it. I have noted her name and date and time of call, and its logged on my phone. so I feel a bit better in as much as it should be on the way soon and I can get on with this sorry situation.

At first though lol the lady said I had been on esa since 2011...I corrected that as it was 2011 when I had my tribunal hearing and the incapacity benefit was re-instated and added to income support, and I was given 2 and a half yrs peace until this current assessment process. My daughter had written all this down for me before the call was made so i would be able to explain if it came up, and good job she did. The jc+ lady said i was lucky to have my daughter and how good of her to take the trouble to make sure i had the notes and info at the ready.

Obviously i don't trust any of them making the decisions, and or atossers, but at least this lady was polite and helpful and not unpleasant and nasty as i found them to be back in 2009 at the last episode of it, i know what is likely to come and what needs doing, but at least not being insulted on the phone made this bit easier.

Link to post
Share on other sites

:Hiya Ruby_Tuesday:

 

Hope you enjoyed the break from DWATO. Apart from keeping a paper trail and logging/recording calls if poss , tis my personal opinion that there's no one failsafe way to cope with them. Although I never answer calls, I occasionally make calls to DWATO, so long as my husband's next to me to take over when it goes pear-shaped. :-)

Good luck with the ESA50, Margaret.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...