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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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ESA appeal issue


Nothericher100
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Hi I hope finally I might actually get a answer here as speaking to the DWP has left me frustrated

 

Here whats happened, hopefully someone out there can point me in the right direction

 

Back In November I received a letter saying that my ESA had been terminated as I had not attended a work assessment In mid October and I had not contacted the DWP to explain why I had not attend the assessment,

 

I contacted the DWP to explain that I had not received any corespondence from them probably due to the postal strike

I was advised to send a letter explaining the situation and a decision will be made quickly

 

a few days later the appointment letter for the appointment I missed turned up and the letter asking me why I had missed the appointment followed by an earlier ESA letter dated early September, I contacted DWP that the letter had arrived, I was advised to wait for a responce

 

week 2

 

2 weeks later I contacted the DWP, when I explained the situation that I had no money coming in a 3 children look after they told me that it usually takes a week for a responce, I politely told the operator that actually a fortnight had passed only to be told "well delays can happen" and "I don't know what you expect me to do" being slightly shocked I ended the call

 

week 3

A letter came explaining my letter had been received and they would look into the matter

 

week 4

 

now a month passed

I contacted the Dwp imediately and told them that a month had passed and finances were critical, I was advised that I would just have to wait

 

 

week 8

 

just before christmas I phoned again only to be told I will have to wait till up till the 24th of January before I would be informed if I could get ESA,

3 months from when my ESA was stopped,

at this point I have received balliff letters and other legal chargeable letters as I an not able to pay bills. the advisor tells me that I should sign on as unemployed and that I should ask the social fund for a loan (as far as I know I would need a income to repay a loan?)this is not a option as im disabled and housebound and when I phoned the Job centre they advised me I could not do this as I am unable to seek employment

 

My partner contacted C.A.B they advised her that once my appeal letter had arrived my benefits should have been reinstated and a decision should be made by the appeals section If I am still entitled or not on the Appeal date but I do not know if this is correct or not.

 

so Should I be receiving benefit or not? I have not received any benefit since Mid october, is signing on as unemployed my only option even though I'm clearly unfit to work?

I have been told to wait days weeks and months after each phone call

 

I am now waiting for a visit from the balliffs as I can not even offer them a minimum payment

 

I hope someone might explain what my next step should be

 

Thanks for looking

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Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.

As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.

As for the bailiffs there is a very good forum on this site for that issue. Go to:

 

Bailiffs and Sheriff Officers - The Consumer Forums

 

and start a new thread [the buttons at the bottom left of the page].

Post as much detail as you can - no personal details as bailiffs tend to read it too. Name of the firm is fine, how much, what for - is it a court fine, council tax etc - as different rules may apply. Tell us a little about yourself. What is your disability and why are you housebound [just general details]. It's useful.

You will get a lot of help and I'll post some things that may be of use to you - though, to be fair, I'm not likely to be on line again before the evening.

Take care and I hope you get advice about the DWP.

Rae.

Edited by RaeUK
typoo
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Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.

As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.

 

Rae.

I know its a long post but I wanted to put enough details down,

 

I know it's not the DWPs fault that there was a postal strike but its not my fault either

 

The way I have survived is by using my credit card but even that option is not possible now as I can't use the cards until I make a payment,

 

re Crisis loan/Social fund as I stands I would not be even able to make a minimal repayment as I don't have an income coming in

 

until I lost my job due to my health I did not realise how much some genuine people on benefits get treated like second class citizens, At no stage have I even raised my voice or verbally abused advisors, If I had spoken to customers the way a few (not all are rude) of the DWP employees and Housing Benefits advisors have spoken to me I would have been disiplined.

 

Sorry for the long rant but to be honest with you I don't know what I would do if I didn't get this off my chest

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Hi,

Although different circumstances, from my experience, when you call the DWP it's hit and miss whether you get the right info. With me, it was usually miss. I spent about 7 or 8 weeks calling these people, being given conflicting information and advice until I said I wanted to make a formal complaint and insisted that I was called by the Manager (stay very calm when you do this). After speaking to the Manager, everything was sorted out very quickly.

Don't be fobbed off. They wont put you through to a manager, but will take a request that you be called. If you don't get a call in 24 hours call again (and again).

I'm sure you'll also get a lot of help from the members of this forum. They were the only light in my little dark tunnel last week.

All the best.

BG

Edited by brighton gal
typo
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Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.

 

You can still apply for a Crisis Loan for living expenses, repayments would be deferred until you have an income, if you do begin to receive benefit repayments would be paid via dedcution from your benefit. If you apply for a Crisis Loan, they can actually help you get your ESA, because Crisis Loans should not be paid when benefit is due. Therefore if you should be receiving benefit, the Crisis Loan officer will liaise with the ESA section to sort this out for you.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.

 

 

Just to clarify one thing - ESA is paid during an appeal only if the appeal relates to a points failure of the WCA. It is not payable if the customer has failed to attend the medical, as this is regarded as noncompliance with the terms of the benefit.

 

Presumably what the original poster is hoping to do is show good cause for failure to attend. This would go to the decision makers as a request for a reconsideration, rather than an appeal. Each BDC has its own timescale for these, but 8 weeks does sound like rather a long time. If good cause is accepted, ESA will be reinstated and arrears paid.

 

I think you are spot on with your suggestion that the OP contacts the Social Fund for a crisis loan. I occasionally deal with their processors, as they will indeed call us if there is a question that ESA might be due, and this can sometimes speed up the process.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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  • 2 months later...

Hi, im in a similar situation. I have just filied an appeal.

 

When should i expect to get paid? and will i get back dated from when it stopped? (obviously with doctors paper covering that period)

 

any responce will be apprecited:-)

 

thanks

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Hi welshgirl. If you start a new thread on the subject, you'll get a better response that's custom to your case.

 

Are you appealing on the grounds of not enough points on the medical or did you not attend a medical? The benefit is only payable at the assessment rate on appeal if you are appealing against the result of the medical (i.e not enough points to qualify for ESA). If you didn't attend the medical, benefit is not payable on appeal.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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my advice is get some help from a Disability Advocate, C.A.B, I had no help what so ever from the benefits agency until an advocate got involved, once they got involved my benefits were reinstated the next day

thankfully my situation is sorted out, i had the medical which put me as unfit for work

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