Jump to content


  • Tweets

  • Posts

    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) show how the Defendant has reached the amount claimed for; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
    • Hello. I'm asking a question regarding paying a PPI company. I won't name names, unless anyone thinks it's relevant. My partner made a claim to a PPI company a few weeks before the deadline. He received a letter from Lloyds asking for authority for them to act, which he supplied. A couple of weeks later, rather unexpectedly, he had a letter from Lloyds with an offer, which he accepted. He's now received the payment. In all of this time, he had nothing from the PPI company apart from the odd text, asking him to keep them informed if he heard anything. He scanned the letter with the offer from Lloyds and emailed it to them as requested, expecting them to invoice him, he has no intention of not paying, even though they seem to have done next to nothing. This week, he receive 2 letters from them containing 3 forms in total, for him to complete, checking his details as Lloyds told them there was an error. I've advised him to ignore the form, since he's been paid & is just waiting for them to claim the money from him, and if they're so inefficient, that they ignore emails virtually offering them money, they might forget about it altogether! Is this the right course of action? He's concerned they'll take him to court for not paying, but I don't see how they can, when they've never even asked for any. Any advice greatly appreciated.  
  • Our picks

Goucho

DWP deny request to record meetings?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 621 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there,

does anyone know if the DWP can refuse to allow you to audio record meetings with a work coach at a Job Centre Plus?

 

I have contacted my local Job Centre Plus office to ask for permission to audio record all future appointments but they have refused

 

. Is there anything i can do about this?

Share this post


Link to post
Share on other sites

Why do you need to record these conversations?


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!

 

 

Share this post


Link to post
Share on other sites
Hi there,

does anyone know if the DWP can refuse to allow you to audio record meetings with a work coach at a Job Centre Plus?

 

I have contacted my local Job Centre Plus office to ask for permission to audio record all future appointments but they have refused

 

. Is there anything i can do about this?

 

Is this for your sons claim?


Please do not ask me for advice via PM as I will not reply.

Share this post


Link to post
Share on other sites

If you can divulge what the purpose of these recording will be then you will get better responses.

 

AFAIK the only recording they allow, is when they demand claimants justify their disabilities at a WCA.


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!

 

 

Share this post


Link to post
Share on other sites
Appeal to a tribunal perhaps ?.

 

Only can appeal to tribunals on benefit decisions. From things I have read on the internet I think the objection is partially as you may Inadvertently record an unconnected third party discussing their claim. I'm not saying I agree with it, just that that's my understanding.

 

Maybe you should step away and let him claim and if he runs into problems then help him. He's an adult after all.. I assume as he's claiming UC.

 

 

Anyway , I found this

 

 

https://www.whatdotheyknow.com/request/recording_interviews_on_dwp_prem

  • Confused 1

Please do not ask me for advice via PM as I will not reply.

Share this post


Link to post
Share on other sites

Without going thru all the reasons it is very clear that there is a need for audio evidence in my son's case. He received 4 warning letters on the same day, he rang DWP to sort them out and he also explained to his work coach. Knowing that they were all incorrect i attended to explain to the staff that they were incorrect but they still insisted they were correct. I rang DWP on my son's behalf and explained to them but they were also ignorant of the law. Shortly afterwards he was issued with 4 sanctions totalling 176 days of his total allowance. On one occasion i was discriminated against due to my disability which if i had recorded the meeting the member of staff would have been dismissed. At present i have had 3 of the sanctions overturned and the fourth is going to Tribunal. During all this my son had been told one thing and then following the instructions given he was then sanctioned on more than one occasion. All this happened without any evidence and following an SAR they had no telephone or video recordings at all even though they had security cameras in the office.

 

This is where i step in .... to protect my son and myself from further abuse. I have given this plus even more examples of ignorance of the law by DWP staff but still they refuse to allow an audio recording of any future meetings etc. The only way that anything can be set in black and white is audio recording to prevent them from lying. If you guys deem these reasons not enough then so be it. My son's age is not relevant - my parenting and support skills are not relevant - my son's mental health is not relevant. All i am asking you guys is to help me out here not make assumptions as to any other factors. I have tried to get a general answer in this post but keep getting asked all sorts and it seems this one may go the same way no matter how much information i give. Please help me if you can.

 

Am i allowed by law to record meetings with the DWP in a private room? If so can you link me to the web page plz.

 

Thanx in advance.

Share this post


Link to post
Share on other sites

It's not about law, it's their policy.


Please do not ask me for advice via PM as I will not reply.

Share this post


Link to post
Share on other sites

Have you informed your local MP of all of the above?

 

If not then please do so.

 

You can of course record these meeting covertly, plenty of devices out their that will record conversation perfectly well, HOWEVER, what you need to be aware of is that you shouldn't make it openly available to third parties.

 

There is of course nothing stopping you from recording conversations covertly, then transcribing them down onto paper, when it gets to the ''he said she said'' palava and they deny ever saying something.

 

For any evidence to be admissible in a court, or tribunal, then it has to be time date stamped.

 

You only run the risk of them (DWP) getting their underwear in a twist IF, they find out the meetings are being recorded, then they're likely to sanction you for daring to expose their shockingly poor advice and inhumane treatment of claimants.

 

I record all of my dealings with the DWP and LA, both video and audio, they're simply not to be trusted, and if I run in to any issues, I simply transcribe what went on and offer to provide them with the evidence if they so wish, very quickly back down and move on to their next victim.


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!

 

 

Share this post


Link to post
Share on other sites
Have you informed your local MP of all of the above?

 

If not then please do so.

 

You can of course record these meeting covertly, plenty of devices out their that will record conversation perfectly well, HOWEVER, what you need to be aware of is that you shouldn't make it openly available to third parties.

 

There is of course nothing stopping you from recording conversations covertly, then transcribing them down onto paper, when it gets to the ''he said she said'' palava and they deny ever saying something.

 

For any evidence to be admissible in a court, or tribunal, then it has to be time date stamped.

 

You only run the risk of them (DWP) getting their underwear in a twist IF, they find out the meetings are being recorded, then they're likely to sanction you for daring to expose their shockingly poor advice and inhumane treatment of claimants.

 

I record all of my dealings with the DWP and LA, both video and audio, they're simply not to be trusted, and if I run in to any issues, I simply transcribe what went on and offer to provide them with the evidence if they so wish, very quickly back down and move on to their next victim.

 

Yep thanx m8y .. I will try to sort it amicably. I will try getting their permission to attend the meetings with my son. Then i will start recording before i enter. If they attempt to search me then i will refuse and then it will go to the MP. I will update as i still cannot find anything concrete to say i have the right to record or they have the right to stop me etc etc.

Share this post


Link to post
Share on other sites

You won't find anything 'concrete', as a citizen, if you wish to record whatever you can do so, you only need to divulge the information should you need to rely on it at a later point, and so long as you don't plaster it all over social media, then it's between you and them, and a judge, IF it ever got that far.

 

Going with your son to these interviews is a good start.


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!

 

 

Share this post


Link to post
Share on other sites
Yep thanx m8y .. I will try to sort it amicably. I will try getting their permission to attend the meetings with my son. Then i will start recording before i enter. If they attempt to search me then i will refuse and then it will go to the MP. I will update as i still cannot find anything concrete to say i have the right to record or they have the right to stop me etc etc.

 

They have no right of search and should not even attempt this.


Please do not ask me for advice via PM as I will not reply.

Share this post


Link to post
Share on other sites

OK managed to get to a compromise.

 

My son has been given a new work coach and all meetings/appointments will have a supervisor present at all times plus any instructions given to my son will also be recorded and a copy given to him in writing.

 

 

Sooooo all is good. With them being aware of previous issues and me getting them overturned plus how i was treated in the past i am sure there will be no repeat ;)

Share this post


Link to post
Share on other sites

Excellent let us know how it goes, sounds like it should all be sorted now though, :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!

 

 

Share this post


Link to post
Share on other sites

For future use, Section 36 of the Data Protection act allows for an individual to make recordings - covertly if required - for their own domestic use. It's a very powerful exemption from the main principles of the DP act which states 'None of the data protection principles apply in these circumstances, nor do any of the rights which the Act gives to data subjects.'

 

Read it fully on the ICO website and print it out in case you need to show it. (Scroll down to 'Domestic Purposes' on the page)

https://ico.org.uk/for-organisations/guide-to-data-protection/exemptions/

 

You should NOT broadcast or publish any of the recordings as this is not allowed but as long as it's just for your own private use - hence the 'domestic purposes' rule - you're fine. You can also transcribe the contents into a letter and use it in a complaint, that's perfectly fine.

 

Jobcentre staff will always try and tell you that you can't record them, even though they're recording you. I record every time I'm in my JC and they know it - I even emailed the ICO rules to the JC Manager and told him I'd report him to the ICO if he or his staff attempted to deny my rights. If I had my way, every claimant would record every DWP appointment.

Share this post


Link to post
Share on other sites

My understanding is that you are not allowed to bug someone or record others, but you can record your own conversations. So I will read the links and info posted here in case I am wrong.

 

Anyway, the DWP policy is irrelevant, it's what the law allows that matters. They cannot have a policy which is at odds with the law.

Share this post


Link to post
Share on other sites
My understanding is that you are not allowed to bug someone or record others, but you can record your own conversations. So I will read the links and info posted here in case I am wrong.

 

You can record whatever you wish, IN PUBLIC, and for your OWN use, OR for your own records, IF they question your version of events, then you have the recorded evidence..


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!

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...