The clock is ticking

Posted by: freefallnz

Tagged in: Untagged 

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"!

Comments (13)add comment
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Pete said:

...
Any similarity???
8th April 2007-04-08

Law Office


r.e. Pete.

Greetings ,

I have attempted to make a list of where and when changes have been made in my ACC file and the dates those changes were made.

Unfortunately not an easy task for me nowadays as I have great deal of trouble with such things.

However in my Opinion my Income at the time my claim was accepted by ACC should have been $40,000 per year, based on $20,000 being the figure earned in the six months working for Hanimex.
This included a great deal of overtime and weekend work and quite possibly, as the Night Shift Manager resigned just before I left, and I may have replaced him, increased considerably over the full twelve months.

I KNOW ACC took 6 months of my income from Fisheries Research and Six months from Hamimex and intended to pay out 80% of the mean.

I am sure they actually did not use $20,000 as the six month income from Hanimex but halved that and paid out on the mean of Twelve Months at FRD and Six Months (20,000) at Hanimex,

1992 –1993 it is apparent that Drew Dekefalas had considerable difficulties with my file and the “second claim” seemed to become dominant at that time creating total confusion for both Acc and IRD Child Support Agency which explains the massive penalties we were landed with at this time.

1998 Sarah hills Livingstone appears to have done a tremendous amount of work either to try and sort the file out or to make sure that no evidence existed of the original calculation problems.
There are also imprest cheques written out on the "new File" to whom??? was the wrong claim file destroyed???

In have to the best of my current ability drawn up a “Time Line” showing some events

Included are some scanned copies from Sarah’s time showing that ACC had no idea at that time of my original claim details.

The attempts she made to find out what my erc and income had been over the years.

Unfortunately IRD replied in most cases no return held.



ALSO! A copy of an NZES form from the time when Sarah INSISTED I enrol as Unemployed and visit the NZES Office each week and take a receipt to show I had checked in back to her at ACC.

I had hoped this may throw some light on the Client numbers, or that the reason for the recent number may have been as a result of my only listing as unemployed in 1998.

Although I note that in December 1984 I may have been registered as unemployed in Lower Hutt for a short time.

Please note I hold short diaries for the time I was at the rehab league in Wellington at ACC’s behest, and also short diaries from other periods and a couple of Post bank savings books showing Acc payments in 1989.

Generally it appears my ACC file is simply a complete mess and possibly a fabrication in many places .


I hope this all helps

Regards Pete.


January 26, 2010

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.
January 21, 2010

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.

Perhaps ACC would like to confrim their statement with Stewart Watson the ACC IT Manager. Previously Manager MIS at DFC... I'm sure he'd be delighted to know that his Staff Loan wasn't a Staff Loan.
January 21, 2010

muppet said:

...
Calculation of Earnings related compensation.

"[56] The other aspect of this is that it is the Corporation who are responsible for the loss of documentation through their choice to destroy the file.

[57] A fundamental maxim of equity is that "one who comes into equity must come with clean hands" or that equity will not permit a party to profit by his own wrong.

[58] It should not be that the Corporation who wrongfully suspended the appellant's entitlements should benefit from the loss of documentation which had been in their possession."
Miller Vs ACC
September 21, 2009

muppet said:

...
Calculation of Earnings related compensation.

"[56] The other aspect of this is that it is the Corporation who are responsible for the loss of documentation through their choice to destroy the file.

[57] A fundamental maxim of equity is that "one who comes into equity must come with clean hands" or that equity will not permit a party to profit by his own wrong.

[58] It should not be that the Corporation who wrongfully suspended the appellant's entitlements should benefit from the loss of documentation which had been in their possession."
Miller Vs ACC

What a bugger you've got copies... & copies of copies of copies and the EOS records! and Copies of the Pathways records.... Amazing how they have been audited isnt't it!
September 21, 2009

freefallnz said:

...
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!
September 20, 2009

freefallnz said:

...
Yeah right! & pigs might fly!
May 19, 2009

muppet said:

...
Dear Ms White,
I have endeavored for the past 3 years to rectify an error on my files.

Namely that ACC have yet to calculate my ERC for January 1990 as per the relevant legislation. Accident Compensation Act (1982).

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!
May 19, 2009

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
May 19, 2009

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 May
Thank 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!
May 11, 2009
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