Esa hell ..desperate for feedback and advice anyone please :-)

16791112

Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    Ames wrote: »
    Fumin- I don't think you realise that you're making a serious allegation of misconduct against CAB. One that could damage their relationship with the DWP and stop other people getting help. It also damages their reputation.

    Unless the person from the DWP who was on the phone knew it was being recorded your CAB worker was breaking the rules. That's why Neil and others are concerned.

    Did your CAB worker know that that specific call was being recorded, or had you just mentioned in the past that you automatically record all calls?

    Thanks for expressing it better than I Ames

    Seems to me to be two possible scenarios

    a) the CAB worker knew about the recording

    Or much more likely

    b) Fumin and the worker were having a meeting - the phone went. It was the DWP - Fumin asked the worker to speak to them. Worker didn’t realise or had forgotten about the recording -Fumin thought they knew. It was all a bit spur of the moment. I’ve been in that situation and it didn’t occur to me that there was a recording app on the phone. Personally, I’d want to know myself if I was being recorded let alone anyone else

    Fumin. Honestly not really having a go at you but it is serious for a CAB worker and I am continuing with this because I don’t want others to think that CAB is in any way okay about recording conversations without telling the other party

    If you are ever in this position again please don’t assume anything. Tell the CAB worker about the recording app before they get into the conversation
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    Penitent wrote: »
    Aren't all calls to/from the DWP (potentially) recorded by the DWP? Can a DWP employee say they were being recorded without their consent if they've already consented for their employer to record them?

    I think it may be okay to record a call with DWP if, as has been said, it’s for refreshing your own memory, a transcript is made and the call deleted

    The issue here, though, is the involvement of a third party, the CAB
  • fumin37
    fumin37 Posts: 55 Forumite
    Neil CR (b) is exactly what happened.I expect thats why my worker said not to worry ,as they know ,I have always been honest about the fact that i record my dwp calls .including straight after it .Plus i expressed my apologees to them the next day and hoped they didnt think i was intentionally tying to trap them into being on my call as i would never intentially do that.
    And they were fine about it .like you say probably because i have always made them aware its what i do so theres nothing undercover about it .
    call no longer exists now anyway.
    other than that i have no concience re recording my own calls with these bodies.For me it is neccesary.It is fine for them to record me without asking and so the same should apply the other way round .
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    fumin37 wrote: »
    Neil CR (b) is exactly what happened.I expect thats why my worker said not to worry ,as they know ,I have always been honest about the fact that i record my dwp calls .including straight after it .Plus i expressed my apologees to them the next day and hoped they didnt think i was intentionally tying to trap them into being on my call as i would never intentially do that.
    And they were fine about it .like you say probably because i have always made them aware its what i do so theres nothing undercover about it .
    call no longer exists now anyway.
    other than that i have no concience re recording my own calls with these bodies.For me it is neccesary.It is fine for them to record me without asking and so the same should apply the other way round .

    That’s cool then Fumin

    I’d have understood in that situation too. But asked you to remind me next time!
  • fumin37
    fumin37 Posts: 55 Forumite
    The outcome of this situation anyway lol .Is that i spoke to someone at the DWP again this morning as i have not been paid .
    This man was extremely helpful and thank god DID actually know what he was talking about .
    The problem and issue was around june,and the fact that the tribunal refused to take on my additional evidence.
    He told me that this was almost certainly an error of law.
    particularly as i was told within the first two minutes they would not be taking the new diagnosis into account amd would be pursuing the case on my old evidence.
    He likened it to being sentenced before youve stated your case.Even though the tribunal did continue with the case,we all knew it was futile since they had already decided before i went in.
    He has has told me i need to appeal again against the decision in June and gather more evidence to back up how my conditions are affecting me .
    I have also been told that i am definitely on the basic rate because of thid failed tribunal in june .
    So finaly some sense.
    That doesnt make anything feel any better to be honest.for a year and a half ive been consumed bu this .To find out i will be recieving the same amount of money i am already struggling to survive on .
    The only real plus is that i wont be seriously harrassed for a year .
    I atleast know i will be remaining on ONE benefit and so that offers "some "stsbility.
    however no sooner than i finished my call thsn a brown letter plops on my doormat informing me i have to attend a work coach interview in a few days time for an hour at the local job centre.
    so ultimately while they are telling people they are on ESA effectively this is a prettied up,slightly more relaxed version of JSA and subject to the same sanctions.
    so really ,nothing has actually changed for me except for that i am now 100 times nore exhausted and unwell than i was when this all started.
    I have the deepest sympathy for all unwell adults and dependant children who are being harmed by this government.
    something seriously needs to be done about it as it is totally and utterly unethical.
    Although it wont of course as they want us all either dead or sicker or atleast swept under the carpet out of sight.
    Its disgusting.
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    fumin37 wrote: »
    The outcome of this situation anyway lol .Is that i spoke to someone at the DWP again this morning as i have not been paid .
    This man was extremely helpful and thank god DID actually know what he was talking about .
    The problem and issue was around june,and the fact that the tribunal refused to take on my additional evidence.
    He told me that this was almost certainly an error of law.
    particularly as i was told within the first two minutes they would not be taking the new diagnosis into account amd would be pursuing the case on my old evidence.
    He likened it to being sentenced before youve stated your case.Even though the tribunal did continue with the case,we all knew it was futile since they had already decided before i went in.
    He has has told me i need to appeal again against the decision in June and gather more evidence to back up how my conditions are affecting me .
    I have also been told that i am definitely on the basic rate because of thid failed tribunal in june .
    So finaly some sense.
    That doesnt make anything feel any better to be honest.for a year and a half ive been consumed bu this .To find out i will be recieving the same amount of money i am already struggling to survive on .
    The only real plus is that i wont be seriously harrassed for a year .
    I atleast know i will be remaining on ONE benefit and so that offers "some "stsbility.
    however no sooner than i finished my call thsn a brown letter plops on my doormat informing me i have to attend a work coach interview in a few days time for an hour at the local job centre.
    so ultimately while they are telling people they are on ESA effectively this is a prettied up,slightly more relaxed version of JSA and subject to the same sanctions.
    so really ,nothing has actually changed for me except for that i am now 100 times nore exhausted and unwell than i was when this all started.
    I have the deepest sympathy for all unwell adults and dependant children who are being harmed by this government.
    something seriously needs to be done about it as it is totally and utterly unethical.
    Although it wont of course as they want us all either dead or sicker or atleast swept under the carpet out of sight.
    Its disgusting.

    I do wonder about what you've been told, re the tribunal accepting evidence of a new condition.

    My understanding has always been that, since they are ruling on a failed assessment, they only look at the information supplied with the application for that period, and don't take either a worsening condition or a new health condition into account, as that wouldn't have been on the original forms.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • fumin37
    fumin37 Posts: 55 Forumite
    I dont know ,I give up pipkin !
    far too much conflicting advice.
    One would think that the people at ESA would be the people who know ?
    He seemed very clear about the decision not to take additional evidence as being completely wrong.
    I was also told this exact same thing at the time by a different dwp worker.
    who knows its is too confusing.
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    fumin37 wrote: »
    I dont know ,I give up pipkin !
    far too much conflicting advice.
    One would think that the people at ESA would be the people who know ?
    He seemed very clear about the decision not to take additional evidence as being completely wrong.
    I was also told this exact same thing at the time by a different dwp worker.
    who knows its is too confusing.

    I'm not surprised you find it confusing.

    Did he tell you who you need to appeal to?
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • fumin37
    fumin37 Posts: 55 Forumite
    Yes he did pipkin, to the tribunal service .
    He also said that even though i didt make a paper claim the fact i rang up and stated my conditions had worsened straight after the tribunal counted as a new claim verbaly .
    I think i need to see a solicitor to be honest pipkin.
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    fumin37 wrote: »
    Yes he did pipkin, to the tribunal service .
    He also said that even though i didt make a paper claim the fact i rang up and stated my conditions had worsened straight after the tribunal counted as a new claim verbaly .
    I think i need to see a solicitor to be honest pipkin.

    Good luck with it all :)
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
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