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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Left job, but declined JSA and told to use money from last paycheck


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Hi guys

 

I searched the forum but couldn't find any info on the situation I'm in.

 

I was on JSA from October to mid November 2017.

I got a part-time job which guaranteed me 12 hours a week.

I started that on 14th November.

They gave me a contract until 31st December.

However, they cut that short as work had diminished.

 

i left my job on 14th December.

In the four weeks I worked there,

I worked 24 hours in weeks 1 and 2, and

12 hours in weeks 3 and 4.

After week 3 had finished,

 

I called JSA to see if I could get extra benefit money as I had only worked 12 hours, and had been looking for a second job with more hour or a full-time job.

I had an interview booked for 15th November.

 

When I went to the interview,

I explained that when I initially called them about low hours,

I was not aware that my contract would be cut short,

and explained that I had now left my job the previous day,

and showed them proof of my termination letter due to diminished work.

 

They came to a conclusion that I was entitled to £10.19 for week 4 and could not backdate as I had not shown enough reason for the delay of my claim, even though I explained them during the initial conversation that it was not possible for me to do so, as I could have been handed more hours towards the later end of week 3, since we did not have fixed hours of work.

 

I decided there wasn't much point in arguing about not being paid £10.19 for week 3.

 

I assumed I would start getting JSA from 15th December as I continued to look for work.

I was asked to show my last payslip which I sent it.

 

I got a call saying as I had earned £545 as shown on my payslip for the month of December, I would not be entitled to JSA until a month after I got paid.

 

I got paid December 21st,

therefore thy said I would not get any JSA support until after January 21st,

as they expect me to use my earnings of £545 to get me through December 21st - January 21st.

 

However, they expect me to keep signing on and continue to look for work, otherwise there would be sanctions.

 

my question is, is this all correct?

 

They're saying that after I was forced to leave my job on 14th December,

I should use my earnings to cover a 1 month period, without getting any JSA support.

 

They also expect me to continue looking for jobs and signing on.

It all seems wrong as I'm seeking a job, and not getting job seekers allowance.

 

In fact, I actually don't get my first JSA payment until 8th February as they pay 2 weeks after the month up to 21st January has finished.

 

Any help would be useful.

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Yes sounds correct, as you have earned more than the JSA standard rate during the last month.

 

The question is whether your JSA was closed down mid November or was kept open. If you will work less than 16 hours, then I think the JSA is left open. If you earn more than the JSA rate, you basically then don't receive a jSA payment. If you then stopped working, as long as it was not just giving up the job or gross misconduct, you then get JSA again. Obviously within the last 30 days you have been paid a sum that exceeded JSA, so that is your wages to live on.

 

Real shame that Job Centre staff have not explained this so you understood.

 

Do yoh now live in a Universal Credit Full Service area ? Use a benefit calculator such as Entitled to.

We could do with some help from you.

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Thanks for the quick response.

 

My claim was closed after week 1, as the job center called me in and asked how many hours I had worked.

Since I had worked 24 hours in week 1, they said they would have to close down the JSA claim immediately.

 

I have found out that I do live in a Universal Credit Full Service.

Also just used the Entitled To calculator, and it says I should get JSA and council tax reduction.

But it doesn't ask anything about my previous job or wages,

I suspect it would be the same case that as I got paid £545, I wouldn't get any benefits for 1 month.

 

As a side note, I went to my doctors on 21st December, and he was willing to give me a sick note as I had suffered a sprained ankle on 17th December.

I still kept looking for jobs and sending my CV out, thinking it takes a while to land a job anyway.

 

I rejected the sick note as I told him I was not working.

If I had taken the sick note and applied for ESA instead of JSA, would they still check what wages I was paid to see if I could live off that, or would they have started giving me ESA benefit money straight away?

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Confused, as you said you were signing on again to JSA and would get paid JSA again in a few weeks.

 

If you have sprained your ankle and this is affecting you temporarily, speak to your job centre, so they can note your JSA claim. It is not an injury/illness that would cause a move to Universal Credit to get ESA type benefit.

 

If it something temporary, then you just continue with JSA. You don't want to provoke a move to UC, causing you a delay in getting benefit money. If you did that, it might delay getting money until February, as UC is a monthly benefit paid in arrears, although you can ask for a advance.

 

With any benefit claim, I think they ask about earnings in the last month.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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You can be sick / unable for a certain amount of weeks and still claim JSA.

 

If renting, you can claim housing benefit / the housing element of UC and you can claim council tax support too. You don't need to be on JSA for either of these.

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Hi,

 

Yes I've started my claim for JSA again, but I haven't as of yet signed. My first date would have been on Xmas day, so couldn;t sign on, so my first sign-on appointment is on 8th.

 

My doctor signed me off for 1 month for my sprained ankle. Can't really walk for long periods on it as it's swollen. I actually did get a sick note which I realized yesterday as I must have popped it in the medicine bag.

 

I'm still on JSA, not moved to UC. Also not claiming housing benefit as I have a mortgage, but have claimed for council tax reduction.

 

The reason I'm so annoyed that I don't get paid in the month after my contract finished at work is because when they closed my claim down after week 1 of working, they said if I leave my job soon and it's not my fault, I can make a "RAPID RECLAIM" and my JSA would start back straight away. No mention of checking payslips or anything. So when I got laid off work without it being my fault, I did a "RAPID RECLAIM" and now they're saying they can't pay me during the first month as I've earned too much the last month.

 

I might as well go send in my sick note, but I'm worried they'll make up some more lies and then when it comes to get paid on the 8th February, they'll turn around and say as I haven't signed on, I wont get paid again.

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