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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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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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Petition to STOP benefit sanctions!


Alfie29
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I ain't sure if i can post this here so plz delete if not allowed?

 

If allowed then brilliant because I KNOW that this affects alot of us (even me)! So please sign and let's hope this can stop this bully advisers from doing this! OR AT LEAST TRY TOO! :/

 

 

https://you.38degrees.org.uk/petitions/benefit-sanctions-must-be-stopped-without-exceptions-in-uk

 

Make ur vote count! :):whoo:

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

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Signed. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Well for sure it looks like you are going to raise the 30,000 signatures. :)

 

Signed.

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Uploading documents to CAG ** Instructions **

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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

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It is on twitter as well, so perhaps people could retweet it :)

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

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Signed

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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This ain't mine, It came up on my newsfeed on me Facebook account.

 

But I know sanctions have to stop or be at LEAST fair on people!

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

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I think a better way would be a petition to the sanctions system.

 

So basically when a doubt is raised, the claimant offered their side of the story and told the outcome. IF a sanction is to be applied the claimant should be forced to "Accept the sanction" OR "move to mandatory reconsideration"

And then after that to "accept the sanction" or move to "appeal"

 

No sanction should applied until the claimant accepts the sanction OR exhausts the appeals process IMO

 

This in itself would help target sanctions more effectively as DWP staff would KNOW they would be challenged if they did something wrong. It would also allow the claimant time to prepare for the sanction.

 

Sanctions are a nessasary tool. BUT they have been undermined by being used inappropriately and vindictively to such a degree that is has left the DWP with no creditability what so ever.

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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IMO the only thing that can be done due to the actions of JCP staff is stop sanctions all together the likes of IDS & Mc vey cant be trusted as they are the drivers behind this sanction claimants at the first opportunity mentality,

So the JCP staff where given this power for them to abuse it,that's how i see it, sanctions therefore have to go

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Signed. I'll join any protest that may reduce the, in my opinion, persecution of vulnerable disabled claimants.

 

Local blue Member of Parliament came a calling yesterday. Wanted us to complete a survey about how well she'd done. When regaled with our tale of a particularly fraught week, courtesy of the Health Service and Maximus, a rather unhappy bunny made a hasty retreat.

 

Margaret.

 

 

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No sanction should applied until the claimant accepts the sanction OR exhausts the appeals process IMO

 

 

 

 

I hope you don't mind a comment from me. I have been hearing and reading about this subject. What would happen if someone was sanctioned for say three years - the maximum I believe - and they played the appeal system all the way down the line. During that time you are suggesting that they carry on receiving their benefit income in full? At the end of all of that they lose and the sanction must be applied. Then say they get a job after the appeal system has run out and sign off. How would you think that the DWP would recover the benefits that had been paid from when the doubt arose?

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IMO the only thing that can be done due to the actions of JCP staff is stop sanctions all together the likes of IDS & Mc vey cant be trusted as they are the drivers behind this sanction claimants at the first opportunity mentality,

So the JCP staff where given this power for them to abuse it,that's how i see it, sanctions therefore have to go

 

Sanctions have been a part of the Social Security system for as long as I remember and I'm going back 15 years! They are a necessary evil to deter those intent on not following the rules and directions to the letter.

Then that begs the question of how do you identify those that simply make a mistake as opposed to those that don't quite honestly give a damn about any rule or authority?

I see the latter every day. Those that are using a phone whilst driving, those that consume alcohol outside and within an alcohol free zone, those that allow their dog to foul an open space and then walk away leaving the mess behind.

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Then that begs the question of how do you identify those that simply make a mistake as opposed to those that don't quite honestly give a damn about any rule or authority?

I see the latter every day. Those that are using a phone whilst driving, those that consume alcohol outside and within an alcohol free zone, those that allow their dog to foul an open space and then walk away leaving the mess behind.

 

The sort of petty crime you describe is hardly the unique preserve of benefit claimants and is properly dealt with by the police.

 

While it might be reasonable to set a few, very basic, requirements for benefit claimants (fortnightly signing for jobseekers, for example) it is completely unnecessary for the government to attempt to micromanage the lives of said claimants. Removal of the present sanction regime would effectively render useless many of the pointless, expensive, ineffective and degrading attempts by the government to do so. It would force us to design and operate the system on the basis that many people need help for certain periods of their lives, rather than on the basis that someone, somewhere, might be getting away with something.

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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I hope you don't mind a comment from me. I have been hearing and reading about this subject. What would happen if someone was sanctioned for say three years - the maximum I believe - and they played the appeal system all the way down the line. During that time you are suggesting that they carry on receiving their benefit income in full? At the end of all of that they lose and the sanction must be applied. Then say they get a job after the appeal system has run out and sign off. How would you think that the DWP would recover the benefits that had been paid from when the doubt arose?

 

They wouldn't. People getting jobs is the desired outcome of the system, and as such it would have functioned perfectly.

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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I hope you don't mind a comment from me. I have been hearing and reading about this subject. What would happen if someone was sanctioned for say three years - the maximum I believe - and they played the appeal system all the way down the line. During that time you are suggesting that they carry on receiving their benefit income in full? At the end of all of that they lose and the sanction must be applied. Then say they get a job after the appeal system has run out and sign off. How would you think that the DWP would recover the benefits that had been paid from when the doubt arose?

 

Quite simply the answer is simple. If they sign off/get a job it is treated as any other dwp overpayment.

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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 would sign but last time I signed a 38 degree petition I got bombarded with other petitions from them 'based on demographical info about me' - most of the petitions were of no interest whatsoever. Took about week to finally get rid of the continual assault from them on my inbox.

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I can recall signing on back in 2004/5 there was hardly any of the nonsense that there is now ,they have charged the system so people will fail their hoop jumping exercises and get a sanction , be it a 4 week (new min term sanction) or 2 yrs the new max , And lets not forget all those who have been sanctioned and are not getting JSA payments, are also not counted in the jobless figures, in just the same way as those who are placed in unpaid work schemes are not counted, This stinks too

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Signed. Whilst there have always been some form of sanctioning, their usage has skyrocketed during the term of this government. The targets regime is also a major concern despite Smith and Mcvey denying the bleeding obvious.

 

 

A friend of mine told me he was sanctioned for a month recently. Why? Because he failed to apply to a particular vacancy. Fair enough some may say. However, he felt he could not apply due to the vacancy having the minimum of details. According to my friend, there was no accurate job description, no details of where the company was based, and no contact phone number. When enquiring further, not even the JCP staff were any the wiser about the vacancy! Thus if they were in my friends boots, they'd either have to apply to a dodgy vacancy or else face a sanction themselves!

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Signed. Whilst there have always been some form of sanctioning, their usage has skyrocketed during the term of this government. The targets regime is also a major concern despite Smith and Mcvey denying the bleeding obvious.

 

 

A friend of mine told me he was sanctioned for a month recently. Why? Because he failed to apply to a particular vacancy. Fair enough some may say. However, he felt he could not apply due to the vacancy having the minimum of details. According to my friend, there was no accurate job description, no details of where the company was based, and no contact phone number. When enquiring further, not even the JCP staff were any the wiser about the vacancy! Thus if they were in my friends boots, they'd either have to apply to a dodgy vacancy or else face a sanction themselves!

that's how they work asking the unreasonable and unrealistic from people
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I hope that person appealed

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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Don't know if he appealed SabreSheep. He did have a word with the JC manager about it but to no avail.

 

 

I was in this situation myself when signing on. I regularly saw badly descriptive vacancies on JC job points. One vacancy I can remember was for an SEO (Search Engine Optimisation) specialist. They wanted a £2,000 TRAINING FEE!!! Upon enquiring, the £2k had nothing to do with training. It was a FRANCHISE investment. This was not clear in the body of the text.

 

 

Not only is it unlikely a jobseeker will not have ready access to two grand, the vacancy was not only vague but wholly misleading. Things are worse still under UJM.

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