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Court sets incorrect date for interest

#1 User is offline   oldbowler 

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Posted 07 January 2014 - 07:49 AM

ACC claim files were destroyed, client provides back-dated medical cert, later ACC release files under OIA showing earlier incapacity info clearly with-held from the court.
Can ACC now claim that the Court has set the date and it cannot be changed? Can ACC over-rule the Judges date and voluntarily pay interest to the much earlier date. Can they hide behind the error? Am getting case back with DSRL now having jurisdiction under Miller
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#2 User is offline   unit1of2 

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Posted 07 January 2014 - 11:29 AM

I have no knowledge of such things. But I do sympathise and I hope you get real action and a real honest result. Interest where interest due I say... If we are to be honest and transparent ACC should be paying you out the interest, with no arguement. All the best, hope you get your desired result.
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#3 User is offline   greg 

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Posted 07 January 2014 - 12:50 PM

What ACC Act are you under as this will provide the legal test for your incapacity.
They have different tests and use different words related only to that ACC Act..
The year of injury is important.
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#4 User is offline   Tomcat 

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Posted 07 January 2014 - 03:08 PM

View Postoldbowler, on 07 January 2014 - 07:49 AM, said:

ACC claim files were destroyed, client provides back-dated medical cert, later ACC release files under OIA showing earlier incapacity info clearly with-held from the court.

Can ACC now claim that the Court has set the date and it cannot be changed?= ???

Can ACC over-rule the Judges date and voluntarily pay interest to the much earlier date.
=YES

Can they hide behind the error? = yes

Am getting case back with DSRL now having jurisdiction under Miller


http://www.nzlii.org...CAA/2008/4.html

read para 56 / 57 / 58.

recent interest issue...

ACC opted to "offer a settlement" rather than go back to court re "starting date"...(only no. 4.....= 1./ 2./ 3./ = no contest)
they did include the "missing bits" I asked to be included...;)/>
and the end result was as "good as it was going to get...
So no point in dragging it out for another year or so for little or no gain...
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#5 User is offline   Alan Thomas 

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Posted 07 January 2014 - 03:51 PM

Every time some one capitulates they make it harder for those who follow.

All decisions and entitlements must be determined by way of legislated criteria and as such there should be absolutely no thought of ever negotiating a settlement.

Shame on you.
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#6 User is offline   Tomcat 

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Posted 07 January 2014 - 04:09 PM

View PostAlan Thomas, on 07 January 2014 - 03:51 PM, said:

Every time some one capitulates they make it harder for those who follow.

All decisions and entitlements must be determined by way of legislated criteria and as such there should be absolutely no thought of ever negotiating a settlement.

Shame on you.


:lol:/>:P/>:rolleyes:/>... Get Real Tomo... NO SHAME HERE;)/>...
I achieved what I set out to do
... GET MY ENTITLEMENTS.(interest and other bits)
and help others get theirs in the process... = FACT...

There was no point in dragging it it out and creating more cost(legal aid lien on my property.... which ACC has agreed to pay up on.)

You have missed the point... ACC did increase by a large 5 figure amount of their offer...at my request...
as I had proof of none payment... and or "dodgy doings" by McG........ paves the way for others to get back whats been denied them...;)/>
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