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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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DamnGirl!

Right to see how they arrived at decision?

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My sister has been refused benefits because they think - erroneously - she is earning 130 a week, when in fact she hasn't worked since January. They said they based their decision on her tax return (actress, self-employed). When she asks, that's all they say. She needs to see their detailed calculations and what in the tax return they used to arrive at this wrong conclusion. Can we ask for that? Thanks.

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Hello welcome to CAG.

 

 

WHO??? is refusing benefits? Council or DWP??

 

 

If it's the DWP you can send them a SAR which is free.


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 was never a Decision Maker (all new Self Employed claims are referred up to the DM) but I can take a guess at how the decision was made: take total annual profit from tax return, divide by 52, there's your weekly income.

 

 

Anyhow, as Bazooka Boo says, she can make a Subject Access Request for this information, and she can also request a written statement of reasons. What she should not do, though, is allow the time for requesting a Mandatory Reconsideration to expire while waiting for the results of any SAR/request for SoR.


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

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Thank you for your answers. It's DWP. What I don't understand is how they can calculate that money as projected weekly income when she's not earning NOW? They're saying things like 'they don't know how much money she'll earn this year', but she's not employed at the moment! Hasn't worked since January, her last pay-cheque on the 23rd. She didn't even claim until March because she was living on the last of her wages.

 

She is really frustrated. Should she talk to Citizens' Advice?

 

Please help! Thanks.

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Actually I'd talk to Equity, they have more relevant experience.

 

 

https://www.thestage.co.uk/advice/2016/paul-clayton-an-actors-guide-to-financial-support/

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Very good suggestion re Equity, never thought of that! Let's hope she's kept her dues up! Thank you so much.

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Equity was no use at all! They just confirmed that there was no new legislature to account for this decision.

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My sister is an actress. She is therefore Schedule D, self-employed. She only works when she gets a casting, and that by contract. It can last a day, a week, a year. The contracts all have end dates. She has not worked since January, when her contract for a theatre show ENDED.

 

The DWP is refusing to understand her situation. They have used her latest tax return to come to the stupid conclusion that the £19,000 she earned last year is somehow ongoing, and that she is paying herself an average of £120 a week. They don't seem to want to understand that that was LAST YEAR and she is no longer working, although she is still technically self-employed. They just say they conclude that she is a 'on-going' self-employed person.

 

We have appealed and appealed but despite the fact that she has never had trouble claiming before, and they MUST have other actors in the same position and cannot be refusing all actors JSA!

 

What can we do? Running out of money to lend her...

Edited by DamnGirl!
additional info

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Threads merged...one thread per issue please.

 

Andy


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Has your sister requested mandatory reconsideration of this decision? If she has and the result of the MR was not in her favour, has she proceeded to appeal to the Tribunal?

Edited by antone
Typo

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

 

 

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Has your sister requested mandatory reconsideration of this decision? If she has and the result of the MR was not in her favour, has she proceeded to appeal to the Tribunal?

 

Thanks everyone so far, for your replies. Sorry I haven't checked back for a while, but she's been writing letters and stuff and we were waiting to see what the outcome of those would be, plus ... my own life... Anyway:

 

Hi, yes, she is now waiting for the Tribunal, which they say could be in 22 weeks' time! When she asked the Tribunal people for an emergency Tribunal, they refused.

 

This is ridiculous.

 

The CA lady seems to think it's about her not making it clear she is seeking other work while not under acting contract, (she IS actually looking but has very little experience outside showbiz as she's been quite successful as a jobbing actress) therefore not a Jobseeker and not allowed JSA but the DWA is not saying that - they're saying they're basing their decision on this stupid nonsense that the money she earned last tax year means that she's earning the same money CURRENTLY, even though she has not worked since January.

 

The CA lady (Citz Adv) thinks they are concealing their true reason for refusal by pretending it's about the latter, not the Jobseeker technicality.

 

A) Can they legally do that? B) Can they possibly win the Tribunal, when the truth is that she is NOT in work C)or is the burden of proof on them, to prove she IS? D) How can she get a quicker Tribunal date? 22 weeks is LUDICROUS!

 

Any help would be massively appreciated!

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Local MP, get onto them.


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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The CA lady (Citz Adv) thinks they are concealing their true reason for refusal by pretending it's about the latter, not the Jobseeker technicality.

 

A) Can they legally do that? B) Can they possibly win the Tribunal, when the truth is that she is NOT in work C)or is the burden of proof on them, to prove she IS? D) How can she get a quicker Tribunal date? 22 weeks is LUDICROUS!

 

Any help would be massively appreciated!

 

 

A) No they can't legally do that, and it's massively improbable that they are doing that. Why on earth would they? What would it possibly achieve? But in any case, they have to tell the claimant why they have denied a claim. That they must do so truthfully is, I imagine, so obvious that no-one really feels the need to state it explicitly. The CAB adviser is way off the mark here.

 

 

B) Yes, she can win at Tribunal. She has a reasonable case. I'm not saying she will definitely win, but this is certainly worth pursuing.

 

 

C) Sorry, I 'm not sure of the answer to that.

 

 

D) Tribunal dates are set by HM Courts and Tribunals Service, not the DWP. If she's looking for an earlier date that's who she'd need to speak to. I wouldn't give her much chance of getting an earlier date, but it doesn't hurt to ask, I suppose.


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

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Local MP, get onto them.

 

 

This is also worth a shot.


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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Thank you all. So, they are, in your opinion, really talking about this nonsense about her last tax year's money being somehow relevant to this year's, even though she's been unemployed since Jan? Ludicrous. She already has ccd her local MP, but maybe a direct letter would help. I don't think she's done that.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Interesting thread !

 

I would think that JSA was declined, due to earnings in the tax year before the claim was made.

 

The claimant should have paid relevant national insurance contributions based on that level of income and then claimed contributory based JSA. I think for contributory, you would have had to pay 26 weeks NI in the last 2 years, before submitting the claim.

 

 

Instead they have claimed income based JSA and been declined.

 

Is Universal Credit now rolled out in the postcode area ? Worth applying for this, but don't put self employed, if not currently gainfully employed. If and when they get an acting job, then to register a change in employment.


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Thank you. Her tribunal is on Monday; she's feeling v pessimistic about it, but I don't see how they can refuse her.

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