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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Job Seeker Agreement Problems


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you don't have to supply printouts/screenshots don't you?

maybes but its always worth a try isn't it, i haven't got a printer to supply the evidence they require lol.

 

The UJM Toolkit manual quite clearly states that personal circumstances must be taken in to account when asking for screenshots/printouts - It repeats in several places that "a claimant my not have a printer or funds to pay for ink/paper", consequently, provisions should be made for the claimant to use a DWP Internet Access Device if printouts are required - Yes, a JCP advisor can ask for screenshots and printouts if the claimant has a printer, paper and ink (either at home, a library, or DWP IAD).

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the ujm says may ask not mandatory, big difference.

 

 

It catch 22 while it not mandatory to provide screenshots / printouts ( I think screenshots from smartphone are accepted) if JCP requests additional info and its not provided they will simply raise an ASE doubt 89 and 90 of this link

Keiron,

Have you been sanctioned for points 89 and 90 of this link

https://www.whatdotheyknow.com/request/169272/response/411434/attach/html/3/FOI%203354.pdf.html

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A JCP advisor may ask, and if the evidence is not forthcoming, a query could be raised that you are not actively seeking employment - If they do ask, that is the time to inform them that you do not have facilities to print stuff out and that you require the use of a DWP IAD.

 

If an ASE query is raised, it would be for a Decision Maker to decide based on the evidence in front of him/her. If there is no printouts or a note about why printouts have not been provided, a sanction is the most likely outcome - It is not a battle you can win. If a JCP advisor asks, request access to an IAD and put the onus on them to provide the printer, paper, and ink.

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Caring responsibilities exist regardless of age - you may need to get a letter from a professional to confirm your child's needs and that they are permanent.

 

 

Have you got your MP involved? It might be an idea.

 

I haven't got MP involved yet - The manager came back asking me to talk to her on the phone-but I refused as I want her reply in writing. I met with me JCP 'coach', the same one who tried to trick me! he changed my working hours to 30 but re-iterated that they will go up when daughter turns 16!

I have looked at the legislation and can't find this anywhere, I can only imagine that they are thinking in terms of leaving a child alone before the age of 16 and have made it up.

Will wait to see what manager says on reply then move it up to the next level of complainants system.

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Do you want to quote the conversation leading to the sanction so as to Caggers can learn from it and prevent a sanction?

 

It may be a new epidemic as I was asked to print out my fortnighty job search after my adviser said: "You have not given access [to Uni Jobmatch]. I can not see your job search. We send it to the decision maker", which made me s l i g h t l y nervous. Told her she can not see evidence because she has not looked at my job search booklet though it was in front of her. First I thought she wants evidence printed out leading up to signing on date this incident occurred last week. Was told not that lot, but whatever I do now, two weeks job search, I have to print out for my next signing on date to show her.

 

My money was put through, though I was not quite sure it would be, after DM was mentioned at last signing. So if they have no access to account to trip you up in there, they will demand print outs of job search?

 

Tried to use printer at the JCP but guess what: the two occasions I went in there was no one to superwize the IAD room so I could not print. So spending a fiver on papers that go in the bin immediately as advisers have no time and no interest to look through evidence is a bit harsh. They do not seem to have proper printing paper. At least at the WP there was plenty. I am post work programme support now so any PWPS clients who were asked to print out evidence? I was never asked to print out anything during my three years of claim so a bit of a shock.

 

So if Keiron tells us how it happened, it may help. Maybe you were not sanctioned yet: the payment is suspended until you provide evidence / print outs of the fortnightly job search so do demand that they allow you to use the JCP IADS and printer. Put it into writing towards them if no printing facilities that you have no access to printer and no money to print so you request JCP allows you access to printer.

 

Were you asked to print out screen shots of Uni Jobmatch account and of which pages exactly if specified? We can not advise until you state the above. They may ask for a screen shot to prove you have a public CV and an account but DWP policy or law does not state you have to print out pages of account as job search evidence.

 

If it turns out to be a sanction and not just a suspension, you need to ask them in writing within 30 days of the disallowance letter to reconsider their decision. Wait to see if adviser puts the outstanding amount through at next signing after seeing the great pile of print out you provide. Do not bin the print outs as it should be attached to your request to reconsider decision together with a copy of your job seekers agreement for DM to see what needs to be covered per week.

 

I am worried they want to see print outs to show daily log ins if you do not allow access to account so tell us how it happened and what was said. Thank you.

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Sorry, did not read the whole thread before posting so missed the bit that claimant is in receipt of hardship which means a sanction was applied.

 

In the sanction letter they do not state the reason why, just the date of the disallowance and that you can ask for a written explanation of the decision as well as a reconsideration, after which you may appeal.

 

Evidence of job search does not have to be Uni Jobmatch screen shots but print out whatever you have done to apply for jobs. Normally you get a confirmation email with name of website, job title, ref no, your name: shall be sufficient proof if printed out.

 

The hardship payment is recoverable meaning what you get now later will be deducted from your allowance so ask the decision to be reconsidered if you are within the 30 day limit. Say in the letter you did not receive a disallowance letter. Send it to local BDC with all the print out and keep a copy of the letter and proof of posting. Your NI number is your reference number to identify you and the sanction.

 

Would rather spend a fiver on printing then allow this to happen so how did it happen? We really need to have a fiver if needed to provide evidence. How long is this sanction? Ask them over the free phone at the JCP about the date of disallowance and the length. If you did everything set out in your Jobseeker's Agreement, you have a leg to stand on and not leaving JCP without your print out, all right.

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Evidence of job search does not have to be Uni Jobmatch screen shots but print out whatever you have done to apply for jobs. Normally you get a confirmation email with name of website, job title, ref no, your name: shall be sufficient proof if printed out.

 

Indeed. The JC seem obsessed with UJ as though it was the only job-seeking tool available even though guidance states quite clearly we can use whatever sources we like to meet our JS Agreement.

 

I show my jobsearch evidence as screen prints from Reed and CV-Library, which both have an excellent 'My Applications' section which lists all your applications complete with dates so it's solid evidence for the JC. Even if there are jobs you simply don't fancy or can't really do, still apply anyway as they're all added to the list and will pad it out - make sure you apply for a couple each day so that it shows you're jobseeking daily. I'm only mandated to apply for 10 jobs a fortnight but I never show less than 50-60 and as the sites are 'one click to apply' this takes no time at all.

 

As the sites also send acknowledgment emails to your own personal account for every job you apply for (plus other job-related info), back up your evidence with screen prints from there too, though I've stopped doing that purely to save on printing costs.

 

To pacify the JC's obsession with UJ, I find a few vacancies on there which I can apply for externally - I never apply via UJ itself. There's always at least a couple. As has been said, solid proof is often asked for by the advisor so to show I am actually using UJ (or at least looking at it), I log in every day and create a new search. This gets logged in your 'Activity History' section and has the date on too - do this every day and you can screen-shot it and show them you've logged into UJ daily. Change the search titles and it also shows them you're 'broadening your search' - all good. I find as long as you show them something relating to UJ they're usually happy.

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Someone said don't appeal a sanction on here but i did and won, but im still angry because they made us wait ages for hardship payment, my partners mam had to sell stuff so we could have heating/electric and food for our 2 year old. Question is how do i play this now i've won, my local jobcentre is useless. Trying to publically embarrass me in front of everyone by shouting i should do the same, no but seriously they have to learn suggestions please.

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Wrong, when you start a new search it doe's not log in your activity history, i can confirm that 100%. Lol i took screenshots after being sanctioned last time and you know what's coming next, they did even look at them.

 

Well, it does on mine :) Create a new search and it appears in your Activity History along with the date you did it. Modify an existing search and this also appears in your Activity History. Do one of these actions every day so the DWP can see you've at least been into your account.

 

Screen print below as proof - you can see the consecutive dates at the side where I've done it every day. Keeps the JC happy - they're not bothered about us finding jobs on UJ, only that we're actually seen to be using it.

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Never used their books or UJM to do my searches, never will, you only have to show you have been looking. My diary is in WORD format and dated day by day. I have never (in 1 year 2 months out of work) been asked by JCP or my 'adviser' at INGEUS to even prove I have applied - never asked me for email proof or anything but I suppose if you build some form of relationship up where they can tell you are serious about wanting to get back to work and not sit in all day watching TV or playing the XBox (not saying any of you do by the way) then it is easier for them and for us (me)

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Never used their books or UJM to do my searches, never will, you only have to show you have been looking. My diary is in WORD format and dated day by day. I have never (in 1 year 2 months out of work) been asked by JCP or my 'adviser' at INGEUS to even prove I have applied - never asked me for email proof or anything but I suppose if you build some form of relationship up where they can tell you are serious about wanting to get back to work and not sit in all day watching TV or playing the XBox (not saying any of you do by the way) then it is easier for them and for us (me)

 

They were always like that with me too - they knew I was organised, needed no help and was genuinely looking and they just took my word that what I'd written on my log was what I'd done, however a few weeks ago the policy suddenly changed and advisors were telling customers they had now to show concrete evidence of applications.

 

Obviously the genuine job-seeking customers are now being lumped in with those who only say they've been looking. Had to happen eventually. I'm surprised they didn't take this stand ages ago and make us provide hard proof - the DWP are not known for their 'Oh, I believe you and trust you totally' attitude :)

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Didn't know it had changed now - I am with INGEUS and had 3 appointments so far and not been asked for proof of applications. Maybe they will soon!

 

Don't know if this is happening at all Jobcentres, but it's the policy at mine now - as we know, each JC seems to play by it's own rules. Keep one step ahead and always have some proof to show them if they ask (even if they barely glance at it!).

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