Please note: Current status for Track and Trace number is displayed in bold below.
Time Date Status
12:33 01/04/2009 Acceptance
6:54 02/04/2009 Out for Delivery
7:38 02/04/2009 Delivered
Your item number RQ103749348NZ was delivered at 7:38 a.m. on 02 Apr 2009 and was signed for by "AHMAD ACC".
"Everyone concerned does not want to put up their hand and admit the mistakes, but rather will fight to the bitter end to try to protect the reputation of the system and those involved" David Bain
Update: Received 6/4/09.
Jan White has acknowledged reciept of my letter outlining my concerns . Date 2/4/09.
And has forwarded my concerns to Graham Bashford the new Director of Operations.
Hopefully I will get a sensible answer this time.
For example I do not expect to be told that the C3 certificate included Non cash, benefits!
The ACC C3 certifcate is one of the checks and balances used by ACC to detect employer fraud as a reconciliation of Tax and Levies paid by an employer in comparison to taxable income recorded by IRD for each individual employee.
I do not expect to be told that my Staff Loan as a "borrowing agreement " or "interest reduction facility" and as such not a "staff loan subject to FBT"!
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Comments (11)
freefallnz
said:
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... Round 2 I went digging ... and had a good time. Tony Veitch | CloseupMemo from Linda Guerin to ACC Ops Support 18/10/2006. The letter from DFC dated 11/01/90 does mention a final payment of annual leave but does not appear to explain the difference between monthly and annual earnings  Letter from Linda Guerin to myself dated 29/11/2003 ACC acknowledges that the majority of allowances detailed in DFC New Zealand's letters dated 24/10/90 and 30/04/90 can be included in an Earnings related compensation assessment. The Staff loan however is a borrowing agreement, not an allowance, and therefore can not be considered as part of an ERC calculation.Well dare I say it ... WRONG ANSWER! The relevant act.(Sec 52) quite clearly states "Any wages, salary, allowances (including allowances of any of the kinds referred to in section 72 of the Income Tax Act 1976), holiday pay, overtime pay, long-service leave pay, bonuses, gratuities, extra salary, commissions, directors' fees, honoraria, emoluments, or remuneration of any kind paid or payable (whether in cash or otherwise) to any person in respect of or in relation to the employment of that person as an employee" Dare I suggest another wrongful action by ACC? I must however ask ACC Complaints to explain why or how the letter dated 11/01/90 from DFC to which Linda Guerin referred was no longer on file in April 2007. |
freefallnz
said:
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... Round 3. Digging is fun. At the time of your incapacty, ACC based your ERC on your earnings details in the 52 weeks prior to incapacity as provided by DFC in the C3 earnings certificate received in May 1990. This C3 showed your earnings were nnn.nn in each of the 4 weeks prior to incapacity with the 52 weeks earnings prior to incapacity totalling xx,xxx.xx.Linda Guerin Technical Claims Manager 29/11/2006. A comprehensive argument no doubt! Apart from 1 small fact. The letter from DFC dated 11/01/90 does mention a final payment of annual leave but does not appear to explain the difference between monthly and annual earnings The C3 certificate included 16.5 days of annual leave! Thats basically half the discrepancy! Dare I say a good reason that the letter from DFC dated 11/01/90 was removed from the ACC file! |
freefallnz
said:
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... Todays Update. Well nothing to report. Graham Bashford obviously is not concerned that ACC have not made a formal decision on my ERC... Well I guess it's time to sell the harley, pay the lawyer to take these bastards to court. Good news being that i have plenty of people to ask for an affidavit about earnings. http://dfcreunion.co.nz/ |
freefallnz
said:
...I would like to offer my apology to you on behalf of ACC for the delay in responding to your issues. We are awaiting technical advice on this matter and you will be provided with our response no later than 16'th MayThank you Angela. Why the f..k did I need to write to the CEO again to get somebody to respond and let me know what was going on! |
freefallnz
said:
... Around and around in circles. "contemporaneous contributing factors" Such as ACC's position that the C3 certificate is incorrect? or that ACC staff removed 3 documents from file to support that position? Bollox |
muppet
said:
...Dear Ms White, I contend that ACC’s actions in failing to complete the required paperwork correctly in a timely manner; and to formally advise me of their decision about my ERC in writing as was required; is a wrongful action. Respectfully I submit to you that my ERC must be calculated upon the following figures as provided to ACC by my employer The DFC in January & April 1990; that ACC accepted and held on file in 1990 & 1998, in accordance with the Accident Compensation Act (1982) and the Accident Compensation Amendment Acts 1983 to 1992. "ACC does not accept your proposed basis for recalculating the ERC amounts" "ACC considers that correspondence on these matters is at now at a close" ACC will not discuss them further..." Can you not see that ACC does not accept that it must comply with the law and refuses to discuss the matter any further! Tuff luck FF. Thats an offical pronouncement. Shut up and quit bugging them! |
freefallnz
said:
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... ACC have identified that the C# certificate provided by my employer 19 years ago is incorrect! And included all the FBT perks! ACC have twice identified that my staff loan was not subject to FBT and is an "Interest reduction facility" or Borrowing agreement" with my employer. In their wisdom ACC have stated they will use their discretion and continue to pay me! Clearly not in line with the Ministers directive. Three own goals? Bring it on! no? Bully the claimant into submission!... Dont discuss the issue coz its unpalatable... or Deny delay abfuscate!... Fill the file with Bullshit and then claim its clouded with contemporaneous issues! Contemporaneous issues such as ... Linda Guerin Technical Claims Manager Levin Office. fraudulently removing documentation from the file! |
muppet
said:
...Calculation of Earnings related compensation.Miller Vs ACC |
freefallnz
said:
...ACC acknowledges that the majority of allowances detailed in DFC New Zealand's letters dated 24/10/90 and 30/04/90 can be included in an Earnings related compensation assessment. The Staff loan however is a borrowing agreement, not an allowance, and therefore can not be considered as part of an ERC calculation. Maybe ACC would like to confirm their answer with Stewart Watson their IT manager. I'm sure he'd be surprised that when he was employed by DFC as MIS Manager that his Staff Loan was not a staff loan, merely a borrowing agreement. |
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