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    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
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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.

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


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Writing this on behalf of someone else(same as last thread) who is sat with me but says I may aswell post it instead of him making an account for one query :p

 

Basically, my friend has been on the dole for nearly 2 years now after being made redundant. Being dyslexic, he has found it harder than most to secure employment. However he has managed to get a 0 hour contract recently which he has now started.

 

About 2 days before he signed his contract, the jobcentre referred him to igneus. He has not yet had his initial appointment with igneus. Today, he signed off the dole, was told his final payment will be there on monday and that everything is sorted with the claim being closed down and that. About an hour or so later he received a text from igneus saying he had to attend an appointment with them tomorrow at 11.40. He rang them to say he had signed off and doesnt need their 'help'...was passed around FIVE people to try and cancel this appointment, then was finally answered by a lady who told him that in order to cancel the appointment he had to tell them all of the details of his new job. He refused to, as he didnt see what business it was of theirs, especially as hes not actually even on their course yet. They then tried to tell him that he would have to make another appointment to come in and let them know employer details if he would not tell them over the phone...as the jobcentre have nothing to do with him now and everything should be through them. Is this right? Surely if the jobcentre are satisfied and have signed him off and have his new employers details and such, he does NOT have to tell igneus anything?

 

Hes a bit worried now, but I told him not to be. As far as I am aware, they can sanction but if hes not actually on jobseekers anymore, theres nothing they can do to him?

 

I suspect from reading around a bit, that igneus are trying to claim credit for my friend getting the job, despite it having absolutely nothing to do with them, in order to claim their bonus :|

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If he hasn't attended the initial induction appointment, Ingeus can not claim any outcome payments. They can stamp their feet as much as they like and even throw the toys out of the pram - If your friend has closed his JSA claim, there is no legal or moral reason for him to have any contact with Ingeus.

 

They are trying to complete the "attachment process" so that they can "claim" the outcome payments, but if he does not attend the initial appointment, they can't complete. If he wants to, a short letter to Ingeus:

My claim for Jobseeker's Allowance was closed on , as a consequence, I am under no obligation to engage with you or provide any information. As per DWP provider guidance (Chapter 4), you are required to return my referral to the DWP and update PRaP with "status rejected".

 

No further correspondence will be entered in to, and any attempt to contact me will be regarded as harassment and reported to the relevant authorities.

 

Who he works for, how much he is paid, what he had for tea on Sunday is not information he has to provide to Ingeus or even the DWP - If they ask again, tell them where to go. As he is not claiming any qualifying benefits, he can not be sanctioned.

 

P.S. As he is on a zero hour contract, talk to the council and seek council tax relief and housing benefit (if he has to pay these). These can not be "sanctioned" and he is entitled to claim if his pay is low.

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He is living with his father at the moment until he makes enough cash to put down for a private rented place.

 

Good to know about igneus, though I have a feeling they will hound him now. I thought it didnt sound right them saying his claim had nothing to o with the jobcentre and everything (inc closing the claim) had to be done through them..especially when the jobcentre confirmed the claim was now closed.

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Good to know about igneus, though I have a feeling they will hound him now. I thought it didn't sound right them saying his claim had nothing to do with the jobcentre and everything (inc closing the claim) had to be done through them..

 

"Closing his claim through Ingeus" - A load of . It is his responsibility, and his alone, to close the claim with the DWP/JCP without the "help" of a third party.

 

Perhaps we should buy a few old and soggy kippers and send them to this office. if nothing else, it might mask the odour of the bull$*** coming out of there.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I suspect from reading around a bit, that igneus are trying to claim credit for my friend getting the job, despite it having absolutely nothing to do with them, in order to claim their bonus :|

 

Ingeus do this all the time, all they care about is their bonus! :mad2:

 

As he is no longer signed on, ingeus can not claim any outcome payments..................If he hears from ingeus again tell them to do one!

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I'd be interested to see how any WP could claim to have helped someone into a job when the person hadn't even set foot in their offices or ever spoken to them.

 

No doubt the DWP would have something in their guidance which would allow this, to show that the WP has had yet another 'success'. Both as bad as each other.

 

Tell Ingeus to go forth and threaten them with the police if they start any harassment; that would now be a civil matter and an offense.

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WP Provider Guidance, Chapter 4:

Participant starts work between referral and attachment

 

71. Claimants may report that they have found a job in between their referral interview with Jobcentre Plus and engaging with you.

 

72. If you are notified before the job start date you should endeavour to engage with them and complete attachment activity, up to and including the day before they actually start work.

 

73. Undertaking this action promptly will enable you to offer the claimant both the initial support they may require to begin work, for example travel expenses, clothing etc and ongoing in-work support to help them sustain employment.

 

74. In these circumstances you will be eligible for the attachment fee and any subsequent outcome / sustainment payments in line with current award criteria.

 

75. If you are unable to complete engagement activity before the claimant starts work you must not attach them.

 

IF, and only if, the provider can complete the attachment process can they claim the outcome payments. To do this, the (ex) claimant has to attend a mandatory (sic) induction meeting and sign on the dotted line(s). Suffice to say, the total value of the payments coupled with the desperation to hit targets, the claimant's signature could be forged and it is unlikely to be spotted.

 

Would this happen here ?

 

Several A4e employees have been charged with fraud in cases going back a number of years, the Slough case being the most recent.

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Can't be bad - get the 'claimant' in for a quick 10 minute induction and paper-signing exercise, get their employers details and ... wait for the payments to come in.

 

Best way would be to stall Ingeus untill your friend actually starts his job, then according to Paragraph 75 which Mr P published, Ingeus won't be able to claim at all.

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