Jsa doubt letter

[Epicxr]

Hi so this morning i receive a doubt letter for not attending my course on the 3/2/14 , the funny thing is I received the letter telling me that i was due to come in on the above date on the 4/2/14

The letter is dated 31/1/14 and is a second class letter, Clearly this letter WONT be received by the 3rd as its a weekend.

This will be the 3rd time ill be sanctioned in the last 12 month.

I honestly dont no what to do iv give up

[joeski]

my friend got a letter like this as he missed an advisors appointment because he was on holiday visiting one of his friends, according to the letter JSA payments aren't effected until after the decision has been made.

[Epicxr]

Hmm well in October 2012 i attended an appointment at avanta.

I was sat waiting for an hour and a half i then received a call while i was sat there waiting telling me i have failed to attend, turns out the receptionist didnt tell my job coach, i was sanctioned for 4 month for it i appealed and lost i provided call logs and everything

[Beatrice Bee]

Hi,

Do you have the envelope the letter of 31/01/2014 came in?

If yes, you are saved. You need to send photocopy of the letter and the envelope to the decision maker within the required time frame.

First class post is deemed to have been received 2nd working day after posting.

31st January 2014 was a Friday.

Explain in your good reason letter that you received the notification letter the day after the appointment because it was posted 2nd class.

Very important that you say it in your good cause letter to the DM that "I keep a copy of this letter and retain proof of posting [certificate of posting]". They are less likely to claim that they did not receive it.

Argue in your letter that even if it was posted 1st class, it would have been deemed served on 4th February 2014.

You must reply on the reverse of the entitlement doubt letter. Number the pages and all attachments like this: 1/7, 2/7, 3/7... [if there are seven pages altogether].

[Beatrice Bee]

http://www.royalmail.com/personal/uk-delivery/2nd-class-mail

 

Print out the attachment to go with your evidence. It shows that Royal Mail delivers 2nd class post in 2 to 3 working days.

 

Royal Mail says they aim to deliver 1st class post within one working day. However, the day of service [legally] is the 2nd working day after posting. The reason being is that you may go out for the day early in the morning, eg at 8am. Postman does not come until after 8am. My current one is early afternoon. Previous one was 10am-ish.

 

Include the above reasoning in your letter and request JCP (and its contractor) in writing to notify you in good time [complaint about current incident].

[Beatrice Bee]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.26

 

Civil Procedure Rules: Deemed Service: guess it applies to notifications in general [link and attachment to print out].

 

JCP can only post you letters or hand them over to you. Notifications by email, phone, text, fax are not listed as accepted in DWP policy.

[Mr.P]

First class post is deemed to have been received 2nd working day after posting. 31st January 2014 was a Friday.

Explain in your good reason letter that you received the notification letter the day after the appointment because it was posted 2nd class.

 

I would also add that posting a mandatory activity notice on the Friday for a session on the Monday fails to meet guidance set out by the DWP: Chapter 3a, para. 36-37 on page 10:

Timing of sending the MAN

36. Ensure that the timeframe between issuing the notification and the taking part in the activity is reasonable.

37. If the MAN is posted, it is taken to have been received on the second working day after posting (not including Saturday or Sunday or bank holidays). [If posted first class]

I would also go through the letter and look for non-compliance. e.g. Are both the ESF and JCP logos displayed ?

Does it use all of the correct wording specified in the appropriate Annex ?

Does it give an address for this "activity", and is a map included ?

Is there a contact number and address for the "adviser" ?

Is there an offer to refund travel and (if needed) care costs ?