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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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Ruby_Tuesday

fit note for new UC Claim?

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I have gone from esa support group to a new claim for UC, triggered by a home move.  Jobcentre telling me my esa support group is not an automatic thing and that I need a fit note from my new GP to cover me for 2 months while its being sorted out....?  baffled

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Yeah that's technically right, as the two systems cannot communicate with each other.

 

They will have to manually transfer the WCA result over, however they should be able to look at opstrat (ESA), pin a note to UC and then send a handover to get it sorted.

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Thank you tomtom256.  At least I know where we are at.

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Phone UC helpline before end of assessment period, to make sure it has been dealt with. Otherwise you risk delay in receiving correct payment.

 

ESA support group equivalent under UC is Limited Capability for Work and Work Related Activity. Current rate is £328.32. 

 

Until this is added to your claim, you are under intensive work search group of UC. The fit note does not switch this off, but Job Centre may have placed a note on your record, not to require work search.  But not all Job Centre Work Coaches will do this,  therefore making sure it is dealt with, might also avoid hassle of Job Centre appointments for work search and related commitments.

 

 


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Thank you unclebulgaria67   I will do that today.

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So now they have got me a commitments meeting in just over a weeks time and have put a commitments entry on the account for me to agree to, but nothing as to what I am supposed to agree to apart from it will be in line with my situation/health etc. I have not agreed to it and I wont, even though it stays no agree = no benefit.  We have asked them to do the switchover but that message wasn't replied to as yet. If no reply today I will sit on the phone all day if necessary and get the helpline, I had a horrible panic attack in the night it was so scary I have never had one as bad as that and I have had some bad ones before.  Anyhow my daughter/carer will sit with me if I have to ring which I probably will.  I am glad now that the esa wasn't closed off as they would just say its a new UC claim.  The esa have only made one payment that shouldn't be but its safe in savings account to be repaid back asap.  

I am blessed however that my new GP knows a lot about Bipolar and the practice is very up on Fibromyalgia and he didn't think twice about giving me a fit note for 2 months.  He actually said its beyond words why they cant just do the swapover.  He was fine with me but not with them as the stress of this is really bad for me.  My daughter is typing this for me, I don't have the words right now but she can understand me and what I mean.  

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Everyone claiming UC has to have and agree to some commitments or the benefit gets closed.

 

If you are working they are generic, if you have limited capability or a job seeker they will be tailored to you.

 

A fit note or an existing WCA will not prevent this form happening as until commitments are agreed the claim is not technically live. If you fail to attend the appointment its an automatic claim closure and  and if refuse to accept them it's an automatic claim closure.

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Hi ...thanks for that. We have decided now that I will have to agree to the commitments thing, it also asks me to put in ideas for work or what I can do etc..which again with support group status I shouldn't be made to do..i don't know if its a tick box thing or a just a space I can fill in, if its a space I can type the limited capacity element.  Thank you for your reply, I am beside myself here but hopefully it should end up ok.

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They should switch off the work side of the commitments and just do the work preparation bit until the WCA is pulled across from ESA at which point you will have generic commitments auto created as you will fall in the no work requirements catagory.

 

In my jobcentre it's just a box ticking exercise until the information is transferred and we don't normally book any further appointments after that. But most jobcentres do it there own way as there is no official guidance on this and insufficient staff to run it smoothly.

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Thank you tomtom256 its just all so stressful for me but I get where your coming from.  I feel more at ease with it now.

 

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Universal Credit has had large number of applications in the last month or so. The reason being is that people have finished off seasonal Christmas/new year sales work and are now needing to claim. Also in the new year, you tend to get a lot of people going through change in circumstances.

 

Why this affects you ? Because the admin staff processing UC will be dealing with the extra work load, it causes a delay in the current ESA Support group being transfered across to UC claims.

 

 The UC system flags up any claims where there has been another benefit claim that might affect UC. Teams then look into these and transfer across any existing entitlements. Because the teams will be dealing with higher volumes of work, it causes a delay in your claim being updated.

 

If you get to the end of the assessment period, with continued Job Centre work search requirements and no sign that the ESA support has been transfered, then call the UC helpline. They can call ESA for information, so they can update your UC claim.

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Thank you again unclebulgaria67, with my mind in a muddle naturally, this is all so complicated for me to get, my daughter is good but the workings of all this is beyond us.  What you have said as usual makes perfect sense, notes taken for the reminder board in my kitchen.

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Read this https://www.rightsnet.org.uk/forums/viewthread/11307/P|

 

They can look at CIS to find out your status and they know they can!

 

An over 8 weeks fit note auto triggers a new WCA under UC so......

 

Either way your tailored UC claimant commitment .........

 

Equality act - local law centre/cmpg/etc bang 😀

 

 

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CIS doesn't show WCA though only what amount is being paid. "where ESA is in payment staff manually check whether a component was in place and, if so, put the corresponding element on the UC award"

 

So they still have to check OPSTRAT.

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they basically made me get a fit note and said the longer the better as I wouldn't then have to keep going back while they sorted it out.  my new gp put the long term illnesses down and stated I am not fit to work. we have put all the suggestions here in the journal to the work coach. my next haul in for questioning is about a week away.

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I am also still within the wca time as I only got assessed a few months ago and the jobcentre guy doing the id appt said that too.  I feel ill with it/all this, on top of my other health problems.  I am not a natural migration claimant, this was triggered due to a home move.  

Edited by Ruby_Tuesday
missed out something

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The thing now is, I will do the commitments thing and the appointment, but it says on there to come up with ideas for work….can I put my limited capability for work and work related activity there, or leave it blank? I don't know if its a tick box thing or a space to type in, I have no idea what its set up like.

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Don't do the to-do where it asks about work etc, wait and go through it with the work coach at the commitments appointment and mention what we have discussed here.

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Thanks tomtom256 I will do that.

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On 17/03/2019 at 17:55, tomtom256 said:

So they still have to check OPSTRAT.

 

Incapacity Benefit Computer System (OPSTRAT) Systems Administration

 

RM is on ESA and rigshts net talks CIS.

 

If I'm wrong its all good! If not I'd rather have RMw prepped for worst case. 

 

If you understand worst case you can fight and beat anything lower than that! 

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Worst case is it takes a few weeks to get sorted, you can't get lower than that.

 

OPSTRAT holds all legacy benefit data and is an MSDOS package, hence why it cannot automatically talk with or be uploaded to UC. It's outdated an not really fit for purpose anymore.

 

CIS can talk with UC, but only holds basic information i.e. dates of claim, amounts paid, benefit interests etc. It does not hold information on premiums, WCA outcomes or periods WCA is awarded for, what group you are in or when next assessment is due. It is a basic info system designed to share data with other government agencies/LA benefit staff.

 

Even if the service centre manually checks OPSTRAT, they still have to follow guidance in order to transfer it to UC and complete the necessary action, which at worst can take a few weeks. However if mentioned to a work coach during an initial or first commitment appointment they can do the checks there and then, pin it to UC notes and send a handover to the service centre, which greatly speeds up the process for all involved.

Edited by tomtom256
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On my to do list was only to accept the commitments which turned out to be to just check it every day and if I cant get online to ring the freephone number, now the to do list is empty.  My daughter sent a message via the journal re the support group status and we have all the helpful comments made here written down for the first commitments meeting.  

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So....now they are sending me a questionare about my illness and how they affect me with a possible medical assessment....even though the guy I saw last week said they wouldn't.  It beggars belief. My daughter is typing this for me as she almost always does on here. 

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So again …. we rang the uc help line...my support group status is on and I don't need any appointments with jobcentre.  So when the questionnaire arrives I guess I still have to send it off? even though the agent on the phone said its just a triggered thing for a new claim....but if I don't need one I wont have one? am guessing that's the medical assessment bit?.  my last one was may 2018 and put back in support group june 2018.

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1 hour ago, Ruby_Tuesday said:

So when the questionnaire arrives I guess I still have to send it off?

 

unfortunately because uc has automated triggers built in apparently (only anecdotal evidence) a fit note of 8 or longer weeks trips the computer to send out a uc50.

 

How many GPs will know that as they try and reduce needless appointments and stress for their patients.... my last fit note was for 6 months! only because I keep up to speed due to paranoia I'll be asking for 7 on transference.  

 

You should never have been asked for a fit note by the DwP as you had a support group award and that should have carried over. from what's being written by rigthsnet advisors about this that and the other it's pretty clear from tomtom256 posts that what they have been told is quite wide of reality.

 

If you can lodge a complaint and maybe see if somebody mentioned in the rightsnet thread would be interested in taking an early warning/maladministration case forward. 

 

It's absolute pony but once triggered the DwP will hide behind the we can reassess at any time so I feel for you!

 

Received today my appointment for ESA face to face dated 15th for 27th - unknown telephone call yesterday I didn't answer as only my landlady has that number and Dwp... so I think they are playing silly buggers again. Life sucks )

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