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    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
    • You mention covid holiday in your title.. did you have one and missed or deferred payments?   tell us the story please though a mortgage company rarely refuses for one default.there must be another reason   DX
    • Vodafone have a reputation for doing this although it hasn't happened for a while. There an appalling company and I think they are the most complained about company and have been find quite a lot of money in the past by the so-called regulator. Frankly I thought that they had started to sort themselves out. Sent them an SAR. They may try to impose some kind of obstacle such as a special former something or other to fill in. This is unlawful as long as they have no reason to be dissatisfied with your identity details. Separately – because they are capable of understanding to issues in the same letter – separately send them a letter of complaint and ask them what's going on. You might also want to try and deal with this on the telephone – but if you do then read our customer services guide first and implement the advice there because anything that is said on the telephone could be of use. However, don't expect this to go away quickly. They are incompetent and once they make a mistake they tend to dig themselves in rather than dig themselves out. Sent they SAR – and separately the letter of complaint.
    • Nobody here can say for sure whether you should challenge this penalty or just pay it because nobody knows if a court would consider your reason(s) for not wearing a mask a reasonable excuse or not.   But... my view would be that if you can get a letter from your doctor saying that because of your medical conditions (acne and anxiety) that wearing a mask causes you such distress (and/or discomfort and/or pain) that you have a medically based reasonable excuse for not wearing a mask, then that should do it for you - in my view.   You can then use that letter to challenge the police as to the validity of the fixed penalty, and if they don't back down you can let it go to court - if you want to do that.  I would expect the court to accept your doctor's letter at face value and quash the penalty - but nothing is certain!   Have you given your doctor/your practice notice of what you want and why you need it?  Have you explained that you have already received a fixed penalty for not wearing a mask, that you want to challenge it and that you need a letter explaining your reasonable excuse for not wearing a mask so that this does not happen again?  At my GP surgery I could either have phoned them up to explain all this in advance, or emailed them explaining it.  It might not be a good idea just to turn up for an appointment without letting the GP know in advance why you are there.   If your GP won't give you a "reasonable excuse" letter - and they may refuse to do so - then you need to think again.   First thing to consider if they don't is that you need to decide if you really have a reasonable excuse or not.  If you still think you do, then you need to decide if you want to challenge the penalty further or if you just want to pay it.  But if you do that, what happens next time* you are caught without a mask?  If you don't think you have a reasonable excuse, then you'd better start wearing a mask.   *If you can't get a GP's letter I have a few other thoughts but will have to post those later - I'm just going out.
    • It will be very helpful if you could space your posts a bit more. Well space makes it much easier for people to engage with – especially when they are looking at it on a small screen. I'm not sure how long ago was that curries could ever have been considered an excellent retailer. They've always been curmudgeonly about their customer support. All I can say is that there were times when they were maybe a better retailer because at the moment things are very bad with them. If you used have an account here then maybe we can merge them if you still have access to the old email address that you used. We weren't around in the eighties. We started in 2006. I don't see why you think that your previous history with curries should influence their standard of customer-dealing with you. Big Fail. Also, yes – failure to use a credit card – Big Fail.   I've had a look at your letter of claim. I can't believe that this is the standard of stuff provided by Which magazine. It really is verbose and goes into all sorts of irrelevant details – and in case you haven't understood it yet, Currys don't care about the problems they have caused you, whether or not their behaviour is unacceptable, your level of exasperation – you attempt to be reasonable to them by proposing some kind of negotiation (what on earth is there to negotiate here? You paid 100% of the money and you want 100% of what you paid for. Is there a problem with that?) Have you sent this letter of claim yet? You better let us see your proposed particulars of claim before you click them off. I have no idea why you went to Which – when you know that we exist and you've been here before.     Also, I have just noticed that you have given them 28 days to respond. Bless!
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

JC+ Trying a fast one


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Well today my new JC adviser had a bad start.

 

Just completing rapid reclaim. During the Claiment Commitment session she tried to force me onto UJM and giving her access using the line "Everybody will have to log their activities on this as we are doing away with the paper sheets"

 

After holding my ground and telling her under no uncertain terms is that correct I demanded she produce the legislation and guidance saying everyone had to use UJM and give access.

 

Then She went to her manager and then came back 5 minutes later saying that they will have to check the guidance and legislation. She said her manager said it was available to vie won the government website. I replied with "I know, Ive read it"

 

I said I would make my own paper sheets to record activities in. Then was the same attempt with the workplan booklet that ended the same way.

 

Just hope I pass this interview thing on Monday, I can see this being a running battle.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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I feel for you I really do.

 

When ATOS cured my brain damage three years ago, and found me fit for work, after being on IB for the previous 7 years, I deliberately

refused to be put on JSA, as no-one would employ me due to my brain damage and the risk to other employees etc etc.

 

Even going to WFI, which I went to twice, the second time was when all of my social security had been stopped, I was told that there was no

need for me to attend anymore, as I wasn't getting any payments of social security??

 

Just another statistic, except one that isn't counted, unless they use me as one of their ''success stories''.

 

I hope your dealings with these authoritarian children are painless.... :thumb:

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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Then She went to her manager and then came back 5 minutes later saying that they will have to check the guidance and legislation. She said her manager said it was available to view on the government website. I replied with "I know, I've read it".

 

:thumb:

 

You might want to print out the key points of the guidance just in case you have to deal with this adviser again. It certainly sounds as if you a better informed than she or the manager is.... Perhaps worth asking if there are any vacancies in that office for someone who is familiar with current guidance :madgrin: (not forgetting to record it in your job search log).

PLEASE HELP US TO KEEP THIS SITE RUNNING

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

 

You might want to print out the key points of the guidance just in case you have to deal with this adviser again. It certainly sounds as if you a better informed than she or the manager is.... Perhaps worth asking if there are any vacancies in that office for someone who is familiar with current guidance :madgrin: (not forgetting to record it in your job search log).

 

HAHA I did actually say I could do the job if they had one going lol

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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Good for you Sabresheep for a)knowing the guidance and b) standing up for yourself. :) Might be a good time now to start recording all your interviews with this adviser.

 

I know people get worried about advisers turning nasty once they class someone as a 'troublemaker' just because they know the rules, but I've always found the opposite; the advisers treat me very politely and extremely cautiously because they know I'm 'clued up'. I've even had other claimants remark that the advisers seem to treat me far better than they get treated, so it must be working!

 

Hopefully you've fired a few warning shots across the adviser's bows and she'll stick within the rules..keep that recorder running though.

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As jasta says, if you know your stuff and go along 'armed' I find they are generally more scared of YOU rather than the other way around - I know when I claimed JSA I petrified my adviser knowing so much, that is why I had a relatively easy time with him and we actually grew quite close as in just signing on and not even bothering to check what I had done re looking for work - trust both ways etc. Then I started at INGEUS, it all changed (now on ESA)

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As jasta says, if you know your stuff and go along 'armed' I find they are generally more scared of YOU rather than the other way around - I know when I claimed JSA I petrified my adviser knowing so much, that is why I had a relatively easy time with him and we actually grew quite close as in just signing on and not even bothering to check what I had done re looking for work - trust both ways etc. Then I started at INGEUS, it all changed (now on ESA)

 

So glad i got a fold over case for my s5. I actually managed to record the interview second half. Set it to record while she was talking to her manager

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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It was a real treat to read about the result of your recent session with JCP adviser. Not only have you shown her up to be an ignoramus incapable of doing her own job, or even knowing what it entails, you have also left her in no doubt that you are aware of what is involved and that you are not one to be intimidated or threatened into feebly succumbing to her whims.

 

I hope others take heart from your stand and realise that only by doing so can the iniquitous impositions that they are pushing onto us be shown to be unworkable and hasten their abandonment.

 

If you feel that there were things said during the last interview that would be worth recording you could ask for a quick recap at the beginning of the next interview.

 

It could be useful too, for the record, to get her to define and give her view of the following clause in the Claimant Commitment and ask whether or not she agrees with it:

 

“I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers Act 1995.”

 

You might also ascertain from the start what her views are and whether or not she intends to honour what the DWP Guidance has to say about UJM and the Workbook or whether she is going to continue with threats and lies to impose on you her version of the law and the regulations. You might add that if she intends to continue as she began at the previous interview then you will have to insist on having your interviews in future with someone who has a passing acquaintance with the law.

 

I believe this Work Plan Booklet nonsense has been introduced because UJM has turned out not to be as successful or useful as anticipated. The only way that claimants can be made to use UJM is by threats and fear. Someone must have come up with the idea that it could be easier to get claimants to agree to using the Booklet to circumvent privacy issues surrounding the use of the internet and once enticed into using it then the step to accepting UJM more readily might be easier as it could be sold as being less cumbersome and require less time consuming paperwork.

 

I am confident that you will achieve a favourable outcome on Monday. The way to win the battle is to be prepared, if it has to be bloody let it be the blood of the antagonist. Any points that you feel need further clarification feel free to run them by us.

 

PS: I am presuming that by ‘Rapid Reclaim’ you mean that you already have a Jobseeker’s Agreement that is still valid and that there is nothing about it that could alter your rights under the law.

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If this was me, I'd print out the legislation that says you don't need to use UJM.

 

Am I the only one who found it rather suspect that you were told you had to use UJM and then the adviser had to go and see the manager and check the legislation? I think they were hoping you wouldn't ask and would do whatever they say. (which many would do, for fear of a sanction)

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UJM is not the only tool people use to find jobs, most of the jobs I've had have come via contacts, rather than anything on a particular website.

 

UJM is just another way of 'ensuring that the jobseeker is doing a 35 hour a week jobsearch'. Basically asking a jobseeker to 'work' for the benefit they are actually legally entitled to. Perhaps the government will (if they get re-elected - which I sincerely hope does not happen) change the word 'benefit' to 'temporary payment for a period of labour inactivity'....

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Just hoping hte job interview on monday pays off. My next appointment to finish the CC is wednesday.

 

She did say they were planning on phasing out the Workplan booklet!! From what I feel has happened is that they had a team meeting in the center and decided to try and push everyone onto UJM in order ot make their life easier.

I suspect whe went to her Line Manager to say I was refusing and ask him/her what to do. She was probably told, "hes right"

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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There still bullying people into this? It was happening to me over a year ago too or is it worse now? in fact the treatment from them even after holding them to guidance is what pushed me over the edge onto ESA. This whole process change is cruel imo, a lot of people wont know the rules or have the confidence to challenge them. Im pretty convinced now that they know its pretty hard to get someone a job, and are just simplifying and hell encouraging the sanction regime, whats worse is those who are employed to do it know they have to comply or join the flock they wont enjoy it.

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