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Total Declinature Of Claim / Alan Thomas Allegations of working while incapacitated

#741 User is offline   Alan Thomas 

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Posted 20 December 2007 - 12:56 PM

Neddy none of this information was described in the press were there. The judge merely read out the conviction. Various other articles throughout the country had various modifications that were not sourced from the trial. This leaves the ACC or the private investigators.

During sentencing 3 months later the judge made references to the same information in the media that also was not in the trial.

Throughout the entire trial it was only one person in the gallery present, a long-time good friend, except on the last day three ACC staff showed up to hand to the court some information from my files they had forgotten about.

Neddy you must appreciate that I have lived and experienced every moment that the newspaper reporting refers to. I know of the exhibits that exist in the ACC's possession that state the exact opposite, I know the portions in the transcript produced by the ACCs own witnesses that confirm the exact opposite and as such they can be no doubt, proved beyond reasonable doubt, that this is false newspaper reporting.

The article certainly exposes a lot of flaws and weaknesses in that the evidence seems to be in difference with your posts only, why?

If the ACC had made these claims in the trial they would have been knocked down quick smart with a firm and solid rebuttal. The technique used to create in the judge's mind's eye an overwhelming impression so as that he makes a judgement on the "balance of probability" in a criminal trial to achieve a conviction is proven by the fact that they have achieved it and have continued to go on to reproduce the same process with others.

The article does not exposes anything as it is entirely based on hypotheses and speculation without support of a single fact. The article has done what it has set out to do, to gain public support for the ACC Fraud Unit which has now been found to be wanting.
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#742 User is offline   neddy 

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Posted 20 December 2007 - 01:33 PM

View PostAlan Thomas, on Dec 20 2007, 01:56 PM, said:

Neddy none of this information was described in the press were there. The judge merely read out the conviction. Various other articles throughout the country had various modifications that were not sourced from the trial. This leaves the ACC or the private investigators.

During sentencing 3 months later the judge made references to the same information in the media that also was not in the trial.

Throughout the entire trial it was only one person in the gallery present, a long-time good friend, except on the last day three ACC staff showed up to hand to the court some information from my files they had forgotten about.

Neddy you must appreciate that I have lived and experienced every moment that the newspaper reporting refers to. I know of the exhibits that exist in the ACC's possession that state the exact opposite, I know the portions in the transcript produced by the ACCs own witnesses that confirm the exact opposite and as such they can be no doubt, proved beyond reasonable doubt, that this is false newspaper reporting.

The article certainly exposes a lot of flaws and weaknesses in that the evidence seems to be in difference with your posts only, why?

If the ACC had made these claims in the trial they would have been knocked down quick smart with a firm and solid rebuttal. The technique used to create in the judge's mind's eye an overwhelming impression so as that he makes a judgement on the "balance of probability" in a criminal trial to achieve a conviction is proven by the fact that they have achieved it and have continued to go on to reproduce the same process with others.

The article does not exposes anything as it is entirely based on hypotheses and speculation without support of a single fact. The article has done what it has set out to do, to gain public support for the ACC Fraud Unit which has now been found to be wanting.

So indirectly or directly you are impugning the reputation of Scott Mcleod and The Herald and you are subtly accusing them of lying and manipulation.

Why did you not complain to the Press council at the time? could it be that you have no foundation of fact?

Every court trial has media present in the form of court reporters and i think a high profile case like yours would not be avoided.

I'd also be interested as to why you "threatened" legal action against your lawyer who then withdrew.

Come on, tell the truth and reveal to us what a devious and malicious person you are.

If you are going to take up nearly 50 pages of no substance on your part at least have the dignity to be honest with us.
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#743 User is offline   Alan Thomas 

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Posted 20 December 2007 - 02:38 PM

So indirectly or directly you are impugning the reputation of Scott Mcleod and The Herald and you are subtly accusing them of lying and manipulation.
Yes.



Why did you not complain to the Press council at the time? could it be that you have no foundation of fact?
I did. The response was to refer me to the ACC.


Every court trial has media present in the form of court reporters and i think a high profile case like yours would not be avoided.
Reporters were there when when the conviction was read out. What was reported is not consistent with the conviction decision.



I'd also be interested as to why you "threatened" legal action against your lawyer who then withdrew.
I did not threaten legal action against my lawyer
.
He had a lot of difficulty getting one of my witnesses into New Zealand so asked the judge to issue a subpoena which forced immigration to provide a limited purpose visa so that she could give evidence in the trial. Immigration delayed Visa processes until after the criminal trial was due to finish. She was also on the Visa for the civil appeal 15 December 1999 so ACC delayed that appeal because they could not find the information they alleged to possess describing my working. As my witness was a 24 hour a day seven-day a week witness she was unable to say no such information is in existence. The ACC got an adjournment and the private investigator asked immigration to deport her on the basis of her no longer being needed. She was put in prison, deported and banned for five years.

The difficulties she was on was that she had an application for permanent residents and had received a subpoena. If she disobeyed the subpoena she would not have got permanent residence. She did everything right yet has been marked for life not just in New Zealand but throughout the world as a person being deported.

As my lawyer did not protect her from ACC going to immigration, same floor of the same building, and having her deportee when he had arranged a subpoena he feared that she would sue the hell out of him.


Come on, tell the truth and reveal to us what a devious and malicious person you are.
Does your tactic to get a confession to your liking include the torture rack.


If you are going to take up nearly 50 pages of no substance on your part at least have the dignity to be honest with us.
I disagree. I have provided scans of original documentation which is proved beyond reasonable doubt yet the ranting and raving of the Lynch mob is unrelenting. If you you were to address raw facts then we might get somewhere.

The issue is whether or not ACC to possess information describing "work" of particular work task activities relevant to my preinjury occupation with that information including identification of the material times of these allegations so as I may have an opportunity to be heard in open court as to what was actually taking place.

A classical example might be I was seen having a business meeting at a particular time with a particular individual. The ACC may well have assumed that because I owned an immigration company I was involved in immigration activity and was earning money. The actual information on the other hand will reveal what the meeting was actually about with the support of actual documentation that the ACC have seized by way of a search warrant and that the information is still in their possession. Other information that I possess all point to the existence of the information that the police chain of custody document establishes is still in their possession and the extent of the perjury because they have made an allegation that they possess information while in fact they actually possess information that describes the exact opposite. The type of meetings that I would have had is about one of the 18 business proposals I had informed the ACC that I was actively seeking to bring to fruition. Seeking a business opportunity is like seeking a job. You do not do demonstrate a capacity to earn until you are participating in the actual earning activities.

Dreaming about business is just that dreaming. Telling the ACC of my business dreams is just that dreaming. The ACC perhaps reasonably asked me to produce business plans that describe what point I will be included in the business activities, including the immigration business. As far as the immigration business goes they were told that I was looking into an employment consultancy and that I was funding database type software which in conjunction with voice software I might become productive.

There are lots of could be is and maybe is about what the accusations but it is not until ACC specific with the accusations that I can provide a specific rebuttal.

The criminal trial ran into 1300 pages of transcript but has been no more helpful in resolving the issue as to what I was actually doing as in this thread.
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#744 User is offline   waddie 

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Posted 20 December 2007 - 02:50 PM

And what happened to your accountant?
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#745 User is offline   neddy 

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Posted 20 December 2007 - 02:56 PM

I think the average person (I won't say Joe Bloggs) would be persuaded to accept the word of The Herald and Scott McLeod over that of a convicted fraudster

Do you have a copy of your complaint to the Press Council or did they consider it vexatious and misleading?

I am tempted to post your reply re The Herald directly to them for comment.

What was the conviction decision and what was the sentence then?

Did the lawyer not want to be party to deception and incriminate themselves by telling "Your Story' like you have done with other's who post on this board?


1300 pages of transcript, are you trying to beat that record with the pages of rubbish you have posted on the board?

IMHO your trouble is that you believe the lies and story you have concocted, and like all successful liars, you eventually run out of lies to tell and then it all comes back to bite you in the bum.

I now understand why there is much angst about you, you take everything and give nothing in return or when asking for help, it must be done your way, to your rules and to cover your arse even to the incrimination and bringing the helper into disrepute.

That is more than dishonest, that IMHO is criminal.
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#746 User is offline   Alan Thomas 

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Posted 20 December 2007 - 02:58 PM

ORAC Group Ltd is my ex de facto wife's company which she changed the name to CL Consulting Limited She has continued on the business or immigration consulting from when she was employed By the Leggett and Associates Ltd 1992 whereupon I funded her into her own company ORAC Migration Services Limited which also subsidised a Chinese magazine under the name of ORAC Publishing Ltd and when she left me and could not repay what I had loaned I purchased her shares for one dollar and appointed a person she had employed to manage the company. She continues in her immigration company until the present which also prints a Chinese magazine.



My IRP and file notes shows that one of the business plans was for an employment consultancy with the focus on immigration. I funded database software and purchased voice software for this purpose the company's name was ORAC Employment Services Limited. I took on a partner who employed four or five staff. As the software had not been completed and I had not come proficient with voice software I had not become involved in this company. As soon as the employment consultancy started earning money the partner left with his staff to set up another company leaving me in the cold. This pattern of behaviour of all prospective partners appears to have repeated itself with not only myself as an invalid trying to rehabilitate that it is a consistent pattern amongst all business people that the ACC fraud unit are investigating. The Donaldson case is a classical case like this but the ex-partners becoming the key witnesses for the ACC.



With regards to the brand name of ORAC it was now on as an excellent company or throughout the world. Many copy companies using the same branding name started and flourished. I even saw the name of ORAC in relation to immigration services on signage throughout China in large gold lettering, as is the tradition of copyright infringement.



Copyright infringement by all and sundry however does not provide ACC with the evidence that I am no longer incapacitated. This is why the ACC must reveal in specific terms what information they are relying upon. It is conceivable they are relying upon information that has absolutely no connection to meet except that someone has copied the name registered in my name as per the example you have clearly demonstrated. In particular demonstration of misleading information is the first time I had seen that one. But it is by no means a surprise as such copycat is commonplace.



You are correct that money earned by one company had been transferred to other companies. This had a multiplying effect if you to simply count the total deposits in each count. When asked about the extent of my earnings the ACC forensic accountant told the court that no such information exists. Surprised at this they then asked what was the total income. He again said that this is not clear because it is obvious money is being loaned from one company to another and that one company holds the lease agreement while others pay rent to that company and so on and so on.

If you can understand the concept of having for bank accounts and earning one dollar from a work task activity under the umbrella of one company, paying 50 cents to the worker and then transferring that other 50 cents back and forth between the other companies repetitively until you get a total of 10 million dollars in deposits. The only relevant issue is did Alan Thomas do the work to end at 50 cents and does that work relates to his preinjury occupation and does that 50 cents succeed what is allowed to earn while on ERC without producing ERC.

I trust now that you are starting to get the picture that ACC had taken some fragments of information and cobbled together a credible story which all and sundry have bought into when they should have submitted themselves to legislated procedures and the medical information. If they perceived that I might have been doing something else they should have asked me at which time I would have told them. What is very interesting is that I invited my case manager to the office premises where I lived that she did not want to go but days later the private investigator arrived under a pretext. We shook hands at which time he made his hurried and nervous exit. This was followed by the air conditioning the maintenance fellow arriving two months ahead of schedule asking many questions of which the answers have shown up at a later stage confirming that I lived on the premises but the private investigator made a big deal of my car being parked in the morning at lunchtime and still at five o'clock that I must have been working all day. The car was parked there permanently because that is where I lived.
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#747 User is offline   Alan Thomas 

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Posted 20 December 2007 - 03:02 PM

Waddie it was not until during the trial that the ACC revealed the need for accountants information. Their own forensic accountant disprove the need for any rebuttal. The ACC had seized the accountants reports on the search warrant and had not returned them and as some items were returned at the beginning of the trial it was not until halfway through the trial that we realised the accountants reports were missing and still with the ACC. At this late stage the council was contacted and asked if he could produce a copy of his reports and we received a quotation of $1500. Legal aid would not bring for duplicate reports while the originals were available from the ACC search warrant and the ACC were required to return them. To this day ACC still have not returned those reports and other critical information.
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#748 User is offline   Alan Thomas 

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Posted 20 December 2007 - 03:32 PM

I think the average person (I won't say Joe Bloggs) would be persuaded to accept the word of The Herald and Scott McLeod over that of a convicted fraudster

Neddy you are correct. You will also note that TV1 and the Herald did not carry the huggy story at the early stages but TV3 did. If you think the Herald still has investigative journalists you are living in another age. Much of what is in the newspapers is press releases from the advertisers.


Do you have a copy of your complaint to the Press Council or did they consider it vexatious and misleading?

I will address punitive extempore damages against the Herald and the other newspapers as soon as my case is proven. I only do battles that I know I will win even though I know it will take a very very long time.



I am tempted to post your reply re The Herald directly to them for comment.

Go right ahead you would be doing me a favour. If they take me to court it opens up another battlefront for which I can get legal aid with the outcome been capable of unravelling everything. But it is possibly best to get everything take its natural progression. This issue is more easily dealt with at a later stage.

From the top

I was not wealthy and

I was not a consultant and

there was no wages to be boosted and

the extent of my entitlements overpaid has not yet been calculated.



As you can see just in the headline there is for components of false reporting. None of that information appeared in the trial so where did it come from, perhaps one of the principal advertisers. I also note that on the same page there was a resurrected subject about Arthur Alan Thomas. Coincidence? It certainly generated a loss of comment at the time

What was the conviction decision and what was the sentence then?

The conviction was on the basis that if the ACC had decided to cancel my claim for cover I could not possibly have entitlements and if I had been using medical certificates to ask for entitlements fraud was the only outcome. In the judgement the judge spoke of the overwrought or inference was that the ACC had reached their conclusion properly because they said they did and therefore the overwhelming balance of probability was that I was guilty. For those who have a legal mind you will see on their a circular argument that has not had an opportunity of defence as the actual basis of the ACC decision has not yet been tested. That will be tested in the civil court continuing next month.



With regards to sentencing this is worked out on a scale depending on the amount stolen. The ACC have not yet revealed the level of overpayment. If they were claiming a total decline of my claim for cover as my file says been of course it is like I never had entitlement to any thing including surgery and so forth including the bad outcome that made me worse. The unusual thing however is that the ACC, without making a new decision, funding home help and medication confirming that they have not cancelled cover. Michael Spraggon has agreed that ACC had done a disservice by not calculating reparations so as to allow a sentence to be properly determined and in line with my request for this information so I can appeal the sentencing he has promised to arrange for the calculation. That was 2003 after the conclusion of the sentence.



Did the lawyer not want to be party to deception and incriminate themselves by telling "Your Story' like you have done with other's who post on this board?

The lawyer kept on standing up in court saying to the judge that he wants to retire because the ACC had not yet provided him with any information for him to rebut and that he has no perception as to what the case is about. By the end of the ACC submissions he still had not prepared for me a brief of evidence because he still could not understand what the ACC were accusing me of. It was not until the prosecutions closing that he said to me that the ACC do not have a case and I have nothing to worry about.


1300 pages of transcript, are you trying to beat that record with the pages of rubbish you have posted on the board?

The 1300 pages of transcript of the trial reflect 6 1/2 weeks of the ACC with half a week of my self in response. Of the 1300 pages there is no information relevant to the civil hearing in as much as the information they relied upon for the 1997 decision is not within the 1300 pages or 200+ exhibits.



IMHO your trouble is that you believe the lies and story you have concocted, and like all successful liars, you eventually run out of lies to tell and then it all comes back to bite you in the bum.

Please tell me one of the lies in clear concise language. I do not mean you said I said I mean something with particulars or substance so as the exhibits can demonstrate the truth beyond reasonable doubt. Nobody likes to be called a liar in unsubstantiated way without the opportunity of rebuttal to prove their innocence.



I now understand why there is much angst about you, you take everything and give nothing in return or when asking for help, it must be done your way, to your rules and to cover your arse even to the incrimination and bringing the helper into disrepute.

The reason I do not want an incompetent person to be an advocate is the same reason that the advocate is now being prosecuted. The protection against anybody making mistakes on my behalf and being prosecuted for the good intentions is that we keep rigidly to documented fact from reputable sources and the legislation without possibility of interpretation or negotiation. Unfortunately we are playing with the big boys and they play hardball.


That is more than dishonest, that IMHO is criminal.

There you go again making unsubstantiated allegation. It is quite a serious matter to be publicly accused of being a criminal by your peers in the absence of any substance when the track record of the ACC Fraud Unit is now public knowledge to be less than savoury. Cases such as mine, Mrs Brown, Lyntott and Donaldson and many others are clear evidence of the ACC Fraud Unit committing perjury. No doubt they will argue that it is not perjury because they were kept ignorant by ACC head office. Head office in turn argue that they did not know what the ACC Fraud Unit was up to.

ACC take the position that when all else fails advertise, run a publicity campaign, take the ministers to lunch.
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#749 User is offline   waddie 

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Posted 20 December 2007 - 03:39 PM

View Postwaddie, on Dec 20 2007, 03:50 PM, said:

And what happened to your accountant?

I mean, didn't he kill himself?
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#750 User is offline   Alan Thomas 

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Posted 20 December 2007 - 04:21 PM

Waddie I think you might be crossing the line here by making reference to the manager of ORAC who committed suicide on his way home from work one day a couple of months after ACC handed me the subpoena to a criminal prosecution. This would be the exact same point in time as the advocate is in now. This is not an opportunity for you to be entertaining yourself.



Hardwired I started this thread because of the constant bombardment I was receiving on each and every comment I was making in other areas of the forum. I had hoped that people's personal criticism of me might be consolidated in one space so as to improve the overall integrity of the site. This thread was started largely for the benefit of yourself and those like you.

I am a person who is available to respond to any allegation. You accuse me of dodging irrelevant queries. I have done my utmost to respond with actual information including scans documentation. You claim that I have dug myself into a hole but I would disagree in as much as we have moved closer and closer to the actual issue which is whether or not I am incapacitated to return to my preinjury occupation and whether or not the ACC has committed perjury by claiming to possess information that leads them to believe they could cancel my claim.

With the assistance of those on this form we have discovered a large number of inconsistencies in the ACC story which has been of tremendous assistance learning how to address irrational argument. Thank you.

Far from everything getting lost we can be confident that the ACC reading every single word. Information is a good thing.

The core issues are:

Was I working in an occupation and earning prior to an accident?

Yes ACC agree

Did the accident caused incapacity to earn?

Yes yes ACC agree

Am I still incapacitated to earn?

Yes ACC agree

If working and earning, did earn exceed ERC to indicate rehabilitation?

ACC have promised to do the calculations.

I do not think it is much more complicated than that.

All of the questions allegations assertions, ranting and raving really have no significant impact on the above questions. What the ACC have done instead of the legislated procedure is engaged in speculation and popular opinion. I have observed the same tendency amongst some who post on this site. I propose that we should return to the basics, fact and legislation so as not to be influenced by weak minded people who rely upon propaganda technique.
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#751 User is offline   neddy 

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Posted 20 December 2007 - 04:30 PM

View PostAlan Thomas, on Dec 20 2007, 04:32 PM, said:

"]What was the conviction decision and what was the sentence then?[/color]

And from your latest post "I am a person who is available to respond to any allegation. You accuse me of dodging irrelevant queries. I have done my utmost to respond with actual information including scans documentation.

Can anyone enlighten me as Alan's either playing games or is too embarrassed to tell the truth.
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#752 User is offline   Easyrider 

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Posted 20 December 2007 - 04:52 PM

Mr Hardwired all of your posts appear to attack other members of this site.

Do you have a problem

If so can i help you overcome your problem with some help from a ACC registered provider

If i can't help, can you please tell me why you wish to destroy this site

You have only been here for 5 min
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#753 User is offline   waddie 

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Posted 20 December 2007 - 04:56 PM

View PostAlan Thomas, on Dec 20 2007, 05:21 PM, said:

Waddie I think you might be crossing the line here by making reference to the manager of ORAC who committed suicide on his way home from work one day a couple of months after ACC handed me the subpoena to a criminal prosecution. This would be the exact same point in time as the advocate is in now. This is not an opportunity for you to be entertaining yourself.


No, I wasn't entertaining myself. I just remember someone did and I thought it was the accountant after he had been looking to become a partner of a business he worked for until ACC took the info for the fraud case, effectively ruining him - overdosed and died at a bus-stop or something?. I just didn't go back thru looking for the relevant post. Anyway thanks.
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#754 User is offline   Alan Thomas 

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Posted 20 December 2007 - 04:56 PM

Neddy sorry your answer in specific terms had already been answered previously.
Fraudulently using medical certificates to obtain cover and entitlements.
The active ingredient of the fraud was withholding information that the ACC claimed to exist in the form of "working" 1990-1997.
The finding was guilty 1999 and the sentence was 3 years incarceration. 2000-2003


The doctor has continued to provide the exact same medical certificates based on an incapacity to work more than two hours per day fragmented throughout the day. (Over the last two days I have attempted to exceed that specification without much success in training for when I cross-examination continues next month) The medical certificate does not permit me to return to my preinjury occupation at all and only carry out a maximum of two hours in any other.

Now that the trial is over the ACC have promised to release the information that they believe I was withholding. The court has issued a directions order given ACC until September 2006 to describe the work task activity at the material times.

The regional manager Michael Spraggon has promised in 2003 to provide the calculations of overpayment and reparations so as the sentencing may be calculated. If it turns out that ACC had information that I was working two hours per day for the acknowledged zero earnings then the sentencing cannot be more than zero in fact there can be no conviction. I am hoping that Huggy's successes will filter through up to this end of the country.


Hardwired the purpose of this site is that we provide information and help to each other. This is a progressive process with everyone doing what they can in their own way. The scan documentation are referring to is documents from my file which I have scanned and posted in this thread for your perusal and comment.

Obviously I am rejoicing in Huggy success which will no doubt have some form of influence on my case. My case will no doubt have an influence on the Hayes case. Obviously the Lyntott, Brown, Donaldson and Burnett cases all have a direct impact on my case and I would not have made such spectacular progress in clearing my name if it was not for the site and the contacts I have made from it. In your own way you have been doing an excellent job of preparing me for cross-examination. Thank you.
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#755 User is offline   neddy 

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Posted 20 December 2007 - 06:47 PM

View PostAlan Thomas, on Dec 20 2007, 05:56 PM, said:

Neddy sorry your answer in specific terms had already been answered previously.

Where was that and when?

Or is it too difficult to remember the day you were found wanting.

FFS answer one question for once in your sorry little life.

I hate to say it , but the only way you can clear you name is by bloody Deeds Poll and that's not guaranteed.
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#756 User is offline   Spacecadet 

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  Posted 20 December 2007 - 06:49 PM

As Mr Thomas is a compulsive liar, any discussion or debate with him is absolutely pointless, hence I no longer waste my time on this futile exercise. However I continue on the forum to warn others about the psychopathic "cyber troll" that lurks within.

Waddie IMHO opinion has identified the physiological symptoms that are displayed by Mr Thomas in his prolific posting on this forum. It is up to a psychiatrist to correctly diagnose this condition; but in my terms, Mr Thomas is a dangerous nutter.

Mr Thomas is single handedly destroying the forum !.


Quote

Narcissistic Personality Disorder Test
DSM-IV Diagnostic Criteria
A pervasive pattern of grandiosity (in fantasy or behavior), need for admiration, and lack of empathy. The disorder begins by early adulthood and is indicated by at least five of the following:
1. An exaggerated sense of self-importance
2. Preoccupation with fantasies of unlimited success, power, brilliance, beauty, or ideal love
3. Believes he is “special” and can only be understood by, or should associate with, other special or high-status people (or institutions).
4. Requires excessive admiration
5. Has a sense of entitlement.
6. Takes advantage of others to achieve
7. Lacks empathy
8. The patient is often envious of others or believes that others are envious of him.
9. Shows arrogant, haughty behaviors or narcissistic
Clinical Features
Patients with Narcissistic Personality Disorder exaggerate their achievements and talents, and are surprised when they do not receive the recognition they expect.
Their inflated self-evaluation implies a thinly veiled devaluation of others and their accomplishments.
Narcissistic patients only pursue relationships that they perceive will benefit them in some way.
Interpersonally, they are very entitled, expecting others to meet their needs immediately and can become quite indignant if this does not happen.
These patients are self-absorbed and unable to respond to the needs of others.
Any perception of criticism is poorly tolerated

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#757 User is offline   neddy 

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Posted 20 December 2007 - 06:56 PM

View Postwaddie, on Dec 20 2007, 05:56 PM, said:

No, I wasn't entertaining myself. I just remember someone did and I thought it was the accountant after he had been looking to become a partner of a business he worked for until ACC took the info for the fraud case, effectively ruining him - overdosed and died at a bus-stop or something?. I just didn't go back thru looking for the relevant post. Anyway thanks.

Waddie,
I will genuinely miss you advice, pathos and humour and I find it both annoying and sad you have decided to leave.

I will admit to selfish motives in that if I needed an advocate, I knew where to go.

Will your services still be available in the future for those who wish to get a straight, honest appraisal of their circumstances or is this it?

I'm concerned, not only for myself but for others who may never get the benefit of your wise counsel.
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#758 User is offline   Alan Thomas 

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Posted 20 December 2007 - 07:00 PM

sorry for the delay I needed to have a rest
.Doppelganger the manager who did commit suicide to be in some detail as to his reason for suicide a month before he was gone. There are three reasons one of which was how the ACC had influenced the immigration decisions on the cases he was working on. They all seem to be suffering from unreasonable delay whether for the company had enjoyed significant success. We have since located proof beyond reasonable doubt documentation confirming ACC involvement and influence of immigration services decision-making processes. His experience with government departments and bureaucracy includes his wife who was one of the senior staff that interfaces between defence and the Prime Minister some years ago. His information based opinion was that once state servants go to this extreme there is no recovery. This problem combined with 2 other unrelated problems spelt the end. The ACC issue was the final but significant straw. At the search warrant went to the police station to describe to the police or the documentation that was seized because mostly they were the documents he was working on. I had computer desk and shelving with documentation of all my rehabilitation projects including the projects I was working on at the ACC fraud unit were not interested in that type of material and so did not seize it.

It was quite clear that the ACC fraud investigators and private investigators had no idea as to what the difference between income and earnings was left lying anything about funds being transferred from one company to another.

Doppelganger over the years I have spent around $100,000 on the establishment of my ex girlfriend's company and my rehabilitation projects. The residual funds between income and outgoings columns of the bank statements are simply normal operating capital and do not represent anything in particular.. You make reference to $10,000. This could just as easily be consumed on paying all of the monthly accounts for example in which case there would be no profit or their could be more money if everybody had their accounts to the company demonstrating a profit. In real terms it was acknowledged that all of the companies had run at about $100,000 dollar loss and only had an approximate zero balance because of my funding. This means that far from an income it was a loss.

My ERC income has no relationship or connection to company income as they were completely different issues. My sworn declaration was that I had received no income of any sort except from ACC.

Companies of which I had a shareholding must be thought of as a separate entity which is simply an investment. If the companies were making millions of dollars of profit of which I would have received a profit share along with the other shareholders it would just be a return on investment and no business of the ACC but it would be the business of WINZ. WINZ were aware that there was no residual income that I could enjoy from the companies I had owned when they checked the place out with two of their qualified specialists.

There was no top-up compensation/entitlements or abatement of earnings from either ACC or WINZ because there was no money available to me from the companies I owned. Every dollar was accounted for by chartered accountant. Ultimately the overwhelming proof is a company owed me a considerable debt and as such income from the companies could not even start until the debt was repaid.

Earnings from the companies is an entirely different issue. ACC must link work task activities to earning generation. Profit is not earnings. Likewise Company losses do not detract from earnings.

I was actually entitled to the maximum allowable weekly payments allowed under the act as my preinjury earnings exceeded the maximum amount. The ACC had only paid 80% of the salary portion of one my streams of earnings. As I was paid just over half of my actual entitlement my home I went to mortgagee sale etc etc and I was forced to live in a small portion of the office space which I had set up as a small apartment of which I rented from the company I owned.

ACC have not claimed I was using $1.2 million as income. The ACC forensic accountant was asked about the possibility of any money being directed to myself in the court but of course the answer is in the chartered accountants tax returns and other such information as to where every single last dollar ended up. The answer is no money passed into my hands that money only went from me to the company. Should it be established that I enjoyed any form of financial benefit from the companies I owned this would simply be deducted from the money I had loaned to it.

I do not understand your last question. Could you please rephrase
ACC are claiming that you had no cost as wages (Didn't WINZ pay wages ) and other expenses.

Mr Spraggon will not do any calulations as he has figures that showed that you earned over $1.2M when you were only entitled to $238.000 abouts.
I had no idea what you are trying to say. It Spraggon acknowledges that the $1.2 million is a nonsense figure having no relevance whatsoever to the ACC case law supports any overpayment from my entitlement. The calculations can only and must relate to work task activities that I have personally engaged in for pecuniary advantage while at the same time claiming compensation for loss of earnings. In other words they have to quantify particular task activities at the material times so as to place a value on those tasks or have actual evidence of actual earnings. It is not good enough to take a broad and generalised paint brush to the legislation so as to paint an illusion of an end of incapacity or earnings to reduce liability as that would be fraudulent use of a paint brush by the ACC themselves.

It is interesting to note that the trial judge said that he had a friend who worked a day or so twice a year to generate sufficient earnings for a whole year. It is hard to say what was on his mind when he made this comment is it certainly has no relationship to the ACC Act all the facts that were being examined. Perhaps he was trying to encourage the ACC to disclose at least some form of information that describes actual earnings even in such extreme circumstance.

In actual fact the ACC have accused me of being an employment consultant because I owned an employment consultancy and had submitted a business plan to participate in that employment consultancy. That was part of my IRP. The fact is I did not participate as the company had not yet reached the stage to provide me with a job or even a part-time job. The highest level of my involvement was discussions with the analyst programmer about how we document individual work task activities of any given occupation and how we might go about cross referencing those task competencies to other occupations so as residual capacities might be transferable continue occupations like the Work Capacity Assessment Procedure is supposed to do. It was on the presentation of this business plan to the ACC that the fraud investigation begun (within several days)

ACC has saved $735,800
ACC have produced documentation for pecuniary advantage by way of the original cancellation of claim letter followed by an application for a search warrant, prosecution documents and other documentation misleading the court to believe that there was an overpayment which has saved the ACC more than the figure you have mentioned.
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#759 User is offline   Medwyn 

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Posted 20 December 2007 - 07:19 PM

View PostAlan Thomas, on Dec 20 2007, 08:00 PM, said:

sorry for the delay I needed to have a rest
.Doppelganger the manager who did commit suicide to be in some detail as to his reason for suicide a month before he was gone. There are three reasons one of which was how the ACC had influenced the immigration decisions on the cases he was working on. They all seem to be suffering from unreasonable delay whether for the company had enjoyed significant success. We have since located proof beyond reasonable doubt documentation confirming ACC involvement and influence of immigration services decision-making processes. His experience with government departments and bureaucracy includes his wife who was one of the senior staff that interfaces between defence and the Prime Minister some years ago. His information based opinion was that once state servants go to this extreme there is no recovery. This problem combined with 2 other unrelated problems spelt the end. The ACC issue was the final but significant straw. At the search warrant went to the police station to describe to the police or the documentation that was seized because mostly they were the documents he was working on. I had computer desk and shelving with documentation of all my rehabilitation projects including the projects I was working on at the ACC fraud unit were not interested in that type of material and so did not seize it.

I have refrained from posting on this thread for a while, but this posting is as low as it gets.

A dead Man who cannot defend himself taking his own life past is bandied about and denigrated.

You should have more respect Alan, for him, for the loved one's he left and for your own dignity if you still possess some.

It's not much use asking you to retract or offer an apology, as that's not your style indeed I wonder if you have an ounce of empathy for anyone other than your own lonely and miserable self.

How much lower will you go, and how many others will you name and it's happened before when you've discussed "cases" you have worked on, on this board.

It's unprofessional, unethical and inhuman of you.

I just hope Santa brings you a conscience and an understanding that you cannot go on putting up postings that may cause distress to those who are named or implicated in your postings.
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#760 User is offline   waddie 

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Posted 20 December 2007 - 07:23 PM

View Postneddy, on Dec 20 2007, 07:56 PM, said:

Waddie,
I will genuinely miss you advice, pathos and humour and I find it both annoying and sad you have decided to leave.

I will admit to selfish motives in that if I needed an advocate, I knew where to go.

Will your services still be available in the future for those who wish to get a straight, honest appraisal of their circumstances or is this it?

I'm concerned, not only for myself but for others who may never get the benefit of your wise counsel.


Neddy, I am always available to claimants who are genuinely willing to use the processes available in order to resolve issues and I am happy to give advice. I can be contacted via www.accesssupport.co.nz
you can send an email "attention waddie" and I will reply or ring if you provide a land-line number. If you include your forum name then I'll know who it is. No obligation. Currently on leave until Jan 14.
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