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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
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Can I be sanctioned for insulting my rude JCP advisor?


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Hi,

 

first post and I wouldn't normally sound so rude, but today's situation has really got my blood boling. I'm normally the most polite woman you could ever meet. But my JCP advisor has had it in for me ever since I was assigned her a few months ago. Sometimes people just take an instant dislike to one another, nothing can be done.

 

However, she has all the power. She always keeps within the rules and so do I. But recently she's been coming across to me as really insulting, denigrating and suspicious when I talk about my anxiety issues. She dismisses them like I just need to stop indulging myself and pull myself together.

 

I'm on JSA at the moment, and reading some of the posts here it sounds like I might have an easier life if I just went to my GP and got a sick note for anxiety to get ESA (?) and get her off my back.

 

What I want to know is if I explain to her next time I sign why exactly it is I think she's a nasty *****, as long as I've done all my jobsearches, fulfilled all my jobseeker directions, can she STILL sanction me for being insulting and rude? I don't want to spite my nose, but I don't think I can bite my tongue much longer with her.

 

Any advice really appreciated as what used to be normal life stress is fast becoming something I think I deserve ESA for.

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I would speak to her line manager and tell them in no uncertain terms that she is a waste of space and you want to be assigned to another more mature and professional advisor as she is doing more harm than good.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would not advise giving her the satisfaction.

Being insulting gives her ammunition to get their G4S pets to remove you. So yeah Sanctions or worse could follow.

 

You could put in a formal complaint. Esp regarding the issues around anxiety. You may even get advice on how to change your advisory.

Someone will be along i expect to help you with the process.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Put in a formal complaint to her manager, detailing the behaviour and stating that this amounts to disability prejudice in contravention of law (brain is mush at the moment, hopefully someone can say which law). Far more effective than getting into a personal argument with them.

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

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Thanks for the responses guys. I really appreciate it. I don't think there's any danger of the security removing me - I'm what you might call petite. Well, compared to this big bull dyke advisor anyway - maybe that's why she hates on me so much lol.

 

If I manage to hold my tongue next time I see her and ask for a new advisor won't this just pee her off more though and label me as a troublemaker? Especially when the managers ask me why? I don't ask much from JCP, I long ago gave up any hope they were actually there to help me, but I still have just enough shreds of self-respect left to expect not to be talked to like a little bitch lol.

 

Sorry for my tone, but after today I've really had enough.

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Send a written letter to the manager way before you next go in to the JCP.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the responses guys. I really appreciate it. I don't think there's any danger of the security removing me - I'm what you might call petite. Well, compared to this big bull dyke advisor anyway - maybe that's why she hates on me so much lol.

 

If I manage to hold my tongue next time I see her and ask for a new advisor won't this just pee her off more though and label me as a troublemaker? Especially when the managers ask me why? I don't ask much from JCP, I long ago gave up any hope they were actually there to help me, but I still have just enough shreds of self-respect left to expect not to be talked to like a little bitch lol.

 

Sorry for my tone, but after today I've really had enough.

 

Think of it this way - you can't be sanctioned for making a formal complaint. You can be sanctioned if you're escorted off the premises before your interview is complete. And if you start shouting at staff that's exactly what will happen. You don't have to start throwing punches to get ejected.

 

If you complain and ask for a new adviser then it's fairly likely that your current adviser will be asked to comment on the matter since it is, in effect, a complaint about her. But really, that's not your problem.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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you could always send in an anonymous complaint about the advisor if you dont want to give your details and you could point out in what areas you feel she is failing claimants in and ask them to be improved or ask for her to be retrained ... just a thought

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Hi,

 

first post and I wouldn't normally sound so rude, but today's situation has really got my blood boling. I'm normally the most polite woman you could ever meet. But my JCP advisor has had it in for me ever since I was assigned her a few months ago. Sometimes people just take an instant dislike to one another, nothing can be done.

 

However, she has all the power. She always keeps within the rules and so do I. But recently she's been coming across to me as really insulting, denigrating and suspicious when I talk about my anxiety issues. She dismisses them like I just need to stop indulging myself and pull myself together.

 

I'm on JSA at the moment, and reading some of the posts here it sounds like I might have an easier life if I just went to my GP and got a sick note for anxiety to get ESA (?) and get her off my back.

 

What I want to know is if I explain to her next time I sign why exactly it is I think she's a nasty *****, as long as I've done all my jobsearches, fulfilled all my jobseeker directions, can she STILL sanction me for being insulting and rude? I don't want to spite my nose, but I don't think I can bite my tongue much longer with her.

 

Any advice really appreciated as what used to be normal life stress is fast becoming something I think I deserve ESA for.

Complain to the manager and the area manager and your MP and the PCS union

Spread the complaint to as many people as possible

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Annomynous complaint will prob just be filed in the trash

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Annomynous complaint will prob just be filed in the trash

 

I complained and it felt like they tried to rationalise it away when I spoke to them and the one I complained about knew but I honestly didn't care

Unfortunately my mp is a Tory and also approves of the local Ingeus which is a second black mark against him

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The JC are not there to make personal remarks about customers. Report the adviser straight away in writing and don't do it anonymously. Also request a reply to your complaint or else you'll take it higher to the District Manager and PCs Union. It's your right to complain, though I know a lot of people don't like to make a fuss (I was one once) but sometimes you simply have to. Who knows, this adviser could have had a lot of previous complaints against her; if they're rude to you then they're usually rude to a lot more. Your complaint might be the final straw that makes her boss take action.

 

This is why I record all meetings with the JC now - amazing how polite they can be when there's a recorder in front of them (sometimes not switched on but they never know when).

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I called my INGEUS adviser 'rude and obnoxious' on my SECOND appointment. She backtracked and said "we obviously got off on the wrong foot let's try again" I replied "I am not a piece of dirt or a number, I am someone with nearly 20 years high level work experience who by no fault of my own was made redundant" Since then she has been nice as pie with me - I also have screen prints of her Facebook profile where she belittles 'clients' almost every day saved for future use if needed so she need to tread carefully - [edited] has a totally open profile - some people do not learn

Edited by honeybee13
Pejorative word.
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Essexmat, bearing in mind the recent story in the mirror regarding the poor lad that killed himself, maybe you should talk to The Mirror :) Im have a feeling they might be interested

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Essexmat, bearing in mind the recent story in the mirror regarding the poor lad that killed himself, maybe you should talk to The Mirror :) Im have a feeling they might be interested

 

Part of my last job was organising campaigns and events so I am very organised and also have a marketing background. I could easily set up a campaign and market it via the correct channels but what good would it do being totally honest? It vents frustration but nothing will change. I by no means condone things like the Poll Tax riots but that was the last time the British public openly had their say albeit in the wrong way but it was the only way they felt the message would get out there.

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If the paper printed screenshots then that advisor i imagine would be on the other side of the desk before too long.

 

It might also start making advisors think twice before acting so unprofessionaly

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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To hell with it, I would be emailing those screen shots off to the national press and let them do their worst!

 

It can only go one of two ways, she gets her P45 and learns exactly what it is like to be treated like a piece of dirt, OR two, she gets her P45 and learns exactly what it is like to be treated like a piece of dirt.

 

Either way, berating customers on a social networking site results in embarrassing the government and it's corrupt rotten to the core department, and to make it look like they are doing something about it, the culprit will always get sacked..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I see what you are all saying but it could also backfire on me by being seen as someone who likes kicking up a fuss (even when genuine) and I am then treated with contempt by everyone associated with the DWP/JCP/WP and my life made a misery as much as they can.

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Put in a formal complaint to her manager, detailing the behaviour and stating that this amounts to disability prejudice in contravention of law (brain is mush at the moment, hopefully someone can say which law). Far more effective than getting into a personal argument with them.

 

Thanks. I've got to see her again on Friday. It's on my mind constantly. It's akin to being in an abusive relationship. She has all the power and because I can't find a job and need the money, I'm unable to leave and have to stay and take being belittled.

 

I've had depression and anxiety issues in the past, but only the normal ones that everyone gets I imagine living a normal and stressful life. I've never felt the need to avoid work by getting a doctor to sign me off sick. I have friends who have real problems like AIDS and they still manage to keep their jobs, so I wouldn't dream of putting myself in the same catagory. But this advisor is making me feel so stressed and low that I'm tempted to apply for ESA just to avoid having to work. ESA seems to work for a lot of people on here with anxiety so can anyone tell me how I can get on it too?

 

I've really had enough with signing on every week and justifying everything I'm doing to find a job. I KNOW I'm doing everything I can, but when I sit down at the desk to justify myself I'm made to feel that I'm somehow lying and trying to put one over on them like a common criminal. It's not like I haven't paid thousands in tax and NI over the past few years since moving here.

 

Flaggy x

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Believe you me, ESA is definitely not as easy as all that!

 

Having been on Incapacity Benefit (IB) for 7 years following a near fatal RTA and suffering severe traumatic brain injury after serving 18 years in the Army, the migration from IB to ESA found me fit for work scoring zero points!

 

Two years later I am still arguing with the corrupt DWP and appealing to the upper tier tribunal to get this criminal decision overturned.

 

If the Govt couldn't care less about a veteran they used, to fight all their political wars in their time of need, and completely disregard me in my time of need, with all of the mental health issues and caveats a brain injury has on me, then you'll be trying to push water uphill.

 

If this advisor is making you feel this way, then you MUST complain and be assigned another advisor.

If you don't complain then nothing will change, who cares if they mark you as a 'trouble maker' that will again only go against them if at a later date it is shown that they marked you as one, or marked your files because you chose to stand up to the criminally corrupt employees in this department who somehow believe they are on rung up above you.

To hell with them, complain, and complain loudly.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi guys,

 

Hoping you can give me some advice before I do something really stooopid.

 

I've had enough of my JCP advisor. I've made a complaint about her via email after y'all advice, but not heard anything back from DWP. We just rub each other up the wrong way, but today she told me from Monday I now have to sign on everyday.

 

I told her that there's never been an issue with my job search evidence, in fact, last week I saw a different advisor because she was off sick, and this new advisor said my job search evidence was 'brilliant and not to feel down because it was clear I was making a real effort and surely something would turn up soon?'

 

My god, I almost broke down in tears at how kind and helpful she was compared to the sour bitter-bitch I usually see.

 

Even though my regular advisor can't fault me on my job search, she's STILL making me now sign everyday, and when I told her that I felt this was purely a punishment and in no way actually helped me get a job, the only purpose it serves is to p*ss me off, she kinda winked and said 'so whatcha gonna do about it?'

 

My question is, IF I just refuse and get sanctioned will I be able to claim zero income hardship payments of about £50 something a week and most importantly still be entitled to my current Housing Benefit based on zero income? I can't take anymore and I'll hopefully find a job before I get a change in advisor.

 

What's the deal? Can I just refuse to go in every day, get the sanction, and carry on looking for jobs in my own time as normal? HB is all important for me, because without that I will be literally on the street and under the bridge in a matter of weeks, because my landlord doesn't even know I'm on HB (I had to lie and falsify my bank statements just to secure the apartment last year).

 

Any advice is really appreciated as I always thought my rope was quite long, but I've finally reached the end of it.

 

Flaggy x

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Hi sorry you feel like that

 

Clearly from what you say she is acting way out of order.

 

First off I recommend you seek medical help. Your doctor should know how you are feeling.

Someone here can advise you if its a good thing to sign off sick for a week to give you some breathing room. Also someone should be able to support you with your complaint and chasing it.

 

Do not give in to her and do not let them turn you into another statistic. You are worth more than that.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Flagstaff

 

Have you asked to speak to the Jobcentreplus Manager? Put it in writing, also find out who the Regional Manager for the that particular Jobcentreplus is, on the letter add:-

 

CC: XXXXXXXXXXXXXXXX, Regional Manager, address here, etc

 

Write, that when you leave the office after a meeting with the poor advisor, you feel depressed, demotivated, devastated and you feel you are getting beaten down and bullied, contrast that with your good experience with the good advisor, where you left upbeat and motivated. Don't skirt around being nice.

 

As suggested seek support from your doctor. Remember the guys are here to support you.

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