Jump to content


  • Tweets

  • Posts

    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • 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
      • 160 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

JSA sanction, Seetec


EmilyPink
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3813 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

Hi all,

 

In the afternoon of 10th September 2013 I received a letter from Seetec dated 04 September 2013 but sent by recorded delivery on 09 September 2013 requested that I go to a 'mandatory activity' at certain on 10th September 2013 : I then called the phone number that was one the letter that they are doing a mistake since I have just received the letter the afternoon of the day I should start their mandatory work (despite of the fact I dispute with job centre how I have been selected for this program). However, Seetec did not want to listen to anything : I then sent an explanation email to my jobCentre adviser with a scan of the envelope (stamped on 09th September) containing the letter. The next day, 11th September 2013 I call Seetec to inform them that I am going to the appointed mandatory work but before this I will have to go to JobCentre for the transport since I did not have enough money for this last : the Seetec operator with a very aggressive way tone interrupted me and say that I do not to attend this mandatory work anymore since "it has been cancelled because I failed to attempt the first day". I than once again informed JobCentre about this knowing that it is problem them who is instructing Seetec to act in this way.

 

Today, I have received a later from 'Annesley LM DMA Sector Office' saying this : "We have been told that on 04th September 2013 you were notified to attend Mandatory Work Activity at xxxxxxxx on 10th September 2013 but that you failed to do so.

 

Will you please repy in writing overleaf within 7 days of the date of this letter to explain why you did not undertake this activity. You should note that unless you can provide a good reason for not undertaking this activity, your benefit may be affected."

 

In addition to have received Seetec letter only on 10th September 2013, due to housing issues (harassment by neighbour) I had a court hearing on 6th September 2013 and 9th September 2013 and for this purpose I had an appointment on 04th September 2013 with a solicitor : all these information were provided to JobCentre but it does not seem to be 'good reasons' for them.

 

I have tried to make a complaint against Seetec in vain (the hang up the phone on me) and seriously planning to make a complaint against them for harassment and misleading at the county court if I am sanctioned based on their wrong statement.

 

Thanks in advance for your help,

 

PS : Without my JSA I will totally be without income.

Edited by EmilyPink
Link to post
Share on other sites

If you enter the 13 digit number on the "Signed For" label in to http://www.royalmail.com/track-trace it should display the date & time the letter was delivered. Do a screenshot of the information and save the file somewhere safe. If the benefit doubt turns in to a sanction, you will have an opportunity to appeal. Enclose a printout of the screenshot, a photocopy of the envelope the M.A.N. arrived in, and point out that fails to meet the guidelines given in the DWP Provider Guidance, Chapter 3a.

Timing of sending the MAN

36. Ensure that the timeframe between issuing the notification and the taking

part in the activity is reasonable.

37. If the MAN is posted, it is taken to have been received on the second

working day after posting (not including Saturday or Sunday or bank

holidays).

38. For example: If an activity was due to start on the Tuesday at 9am, it

would be advisable to send the MAN on the preceding Tuesday. It could

then be assumed to have been received in good time, it would be unlikely

that the participant could provide good cause for non-participation due to

not receiving the MAN in good time.

Posting of a M.A.N. dated the 4th out on the 9th with the expectation that it would arrive on the day the activity is due to commence demonstrates gross incompetence on the part of Seetec. Whilst Royal Mail aims to deliver 93% of first class post within one working day, it does not guarantee what time of day the delivery will be made.

 

Complaints about specific providers should be addressed to:

Head of Work Programmes

Department for Work and Pensions

Level 4

Steel City House

56 West Street

Sheffield

S1 2GQ

 

And marked for the attention of Derek French and/or Clare Elliot - Also send a copy to your local MP and if he/she is any good, some pointed questions will filter down from the head of the DWP.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

If you enter the 13 digit number on the "Signed For" label in to it should display the date & time the letter was delivered. Do a screenshot of the information and save the file somewhere safe. If the benefit doubt turns in to a sanction, you will have an opportunity to appeal. Enclose a printout of the screenshot, a photocopy of the envelope the M.A.N. arrived in, and point out that fails to meet the guidelines given in the DWP Provider Guidance.

 

Posting of a M.A.N. dated the 4th out on the 9th with the expectation that it would arrive on the day the activity is due to commence demonstrates gross incompetence on the part of Seetec. Whilst Royal Mail aims to deliver 93% of first class post within one working day, it does not guarantee what time of day the delivery will be made.

 

Complaints about specific providers should be addressed to:

Head of Work Programmes

Department for Work and Pensions

Level 4

Steel City House

56 West Street

Sheffield

S1 2GQ

 

And marked for the attention of Derek French and/or Clare Elliot - Also send a copy to your local MP and if he/she is any good, some pointed questions will filter down from the head of the DWP.

 

Normally I should have received my JSA today but NO : apparently JobCentre has sanctioned me but I have not received any letter saying this [instead, I have received a letter from JobCentre dated 18 September 2013 saying that my JSA has been allowed (maybe they do this every six months or just another misleading...)] .

 

I do not trust the people you provided above and as a result I prefer to directly file a claim against Seetec by next Monday.

Link to post
Share on other sites

I have just received the confirmation from JobCentre that it is due Seetec referral to a 'decision maker'.

This cannot be right. A referral cannot be done by the contractor but by the Jobcentre only, as long as I know.

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

Link to post
Share on other sites

This cannot be right. A referral cannot be done by the contractor but by the Jobcentre only, as long as I know.

The adviser [who is equally involved in my harassment (I have made a complaint against her and her manager a month and it seems that they are doing a kind of victimisation)] told me orally this afternoon that my housing benefit has been suspended by 'decision maker'.

 

I really want to make a complaint at the county court against both Seetec and this JobCenter employee (it useless to make a complaint internally or to Ombudsman since they protect them by doing negation).

Link to post
Share on other sites

If you enter the 13 digit number on the "Signed For" label in to http://www.royalmail.com/track-trace it should display the date & time the letter was delivered. Do a screenshot of the information and save the file somewhere safe. If the benefit doubt turns in to a sanction, you will have an opportunity to appeal. Enclose a printout of the screenshot, a photocopy of the envelope the M.A.N. arrived in, and point out that fails to meet the guidelines given in the DWP Provider Guidance, Chapter 3a.

 

For your information I went to JobCentre this afternoon in order to make an appeal and claim for JSA under hardship but I forgot to take a copy of the envelope since I had previously sent to my adviser : when I was filing the form I asked my adviser to print a copy of the envelope for me but she refused claiming any of the printer in JobCentre were working. She did the same for the royamail track : i really want to sue these JobCentre at the County Court so that every could see how much they are wicked.

Link to post
Share on other sites

Hi all,

I have made an hardship claim on last Friday 27 September 2013 but the jobcentre adviser told me that because we were close to 5pm she could not proceed to my claim. However she did not gave me any date for response until present.

 

Also, I would like to know when I should normally expect a response (especially since I have medical conditions)?

 

Thanks in advance for your help,

 

Emily

Link to post
Share on other sites

I think this one needs to be in Benefits.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

There were two threads in different forums - I have merged :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 3 weeks later...
The adviser [who is equally involved in my harassment (I have made a complaint against her and her manager a month and it seems that they are doing a kind of victimisation)] told me orally this afternoon that my housing benefit has been suspended by 'decision maker'.

 

I really want to make a complaint at the county court against both Seetec and this JobCenter employee (it useless to make a complaint internally or to Ombudsman since they protect them by doing negation).

 

I believe I have made a confusion between the independant decision maker service and the ombudman. At the moment, JobCentre consider my complaint only at level 3 so if I wanted to go to the next step it will be the independent decision maker but the response of this last can take at least one month or two 9according to JobCentre).

Link to post
Share on other sites

Hi all,

I have made an hardship claim on last Friday 27 September 2013 but the jobcentre adviser told me that because we were close to 5pm she could not proceed to my claim. However she did not gave me any date for response until present.

 

Also, I would like to know when I should normally expect a response (especially since I have medical conditions)?

 

Thanks in advance for your help,

 

Emily

 

For your information, until present I still not have received jsa for hardship and they have declined my appeal against the sanction but still refuse to provide any explanation. Now, my jobcentre has given me a GL24 form saying that it is for further appeal but I am confused about this process.

Link to post
Share on other sites

For your information, until present I still not have received jsa for hardship and they have declined my appeal against the sanction but still refuse to provide any explanation. Now, my jobcentre has given me a GL24 form saying that it is for further appeal but I am confused about this process.

 

Why you talking to yourself?

Link to post
Share on other sites

they have declined my appeal against the sanction but still refuse to provide any explanation. Now, my jobcentre has given me a GL24 form saying that it is for further appeal but I am confused about this process.

 

Did you print out a screenshot from Royal Mail of the "proof of delivery" for your M.A.N. that was delivered on the 10th Sept ?

The fact that the letter was not posted "in good time" and consequently arrived too late should have been good grounds for the original sanction decision to be overturned. If the DWP are ignoring the evidence presented, I would recommend you take all the paperwork along to your local Citizens Advice Bureau. They should be able to help you fill in the GL24 appeal form with a watertight case.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

Did you print out a screenshot from Royal Mail of the "proof of delivery" for your M.A.N. that was delivered on the 10th Sept ?

The fact that the letter was not posted "in good time" and consequently arrived too late should have been good grounds for the original sanction decision to be overturned. If the DWP are ignoring the evidence presented, I would recommend you take all the paperwork along to your local Citizens Advice Bureau. They should be able to help you fill in the GL24 appeal form with a watertight case.

 

There is no such thing as a 'water tight case'. Well not where the DWP are concerned. I have had so called 'water tight' cases in the past only to find out that the DWP do have a habit of (a) cherry picking the evidence that best suits their case and (b) attempting to discredit the claimant's evidence by any means fair or foul. I even had one case where a benefit was suspended and then terminated as from the date of suspension, yet attempted to put a different spin on the Tribunal's judgement to suggest that the termination was meant to apply from the date of the original decision some three years earlier. It was only when I pointed them towards the relevant regulations that they back tracked.

Link to post
Share on other sites

Did you print out a screenshot from Royal Mail of the "proof of delivery" for your M.A.N. that was delivered on the 10th Sept ?

Assuming that my adviser had printed out as at the end that was agreed with her (the appeal was provided to her), yes I print out a screenshot from Royal Mail of the "proof of delivery". Later, I sent an email report confirming all these documents (scan of the appeal form that I made in the JobCentre with my mobile,etc) that was provided to my adviser and she agreed to print out a screenshot from Royal Mail of the "proof of delivery" and add this last to my appeal form provided to her.

The fact that the letter was not posted "in good time" and consequently arrived too late should have been good grounds for the original sanction decision to be overturned. If the DWP are ignoring the evidence presented, I would recommend you take all the paperwork along to your local Citizens Advice Bureau. They should be able to help you fill in the GL24 appeal form with a watertight case.

I went to my local Citizens Advice Bureau and they gave me an appointment only in a month so it will be too late : I will also have to fill the GL24 form by myself. My adviser wanted me to bring the GL24 form to her but I am finding this a bit suspicious so I prefer to try to send it by special delivery as soon as possible.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...