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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Can i claim DLA for a child with Dyspraxia


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My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

He has problems dressing, using a knife and fork and balance and very accident prone.

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

he can walk but cannot stand for long periods of time due to weak muscle tone

 

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

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Experts will be along soon xx But from what you have said. well worth applying. You could speak to your doctor and say you intend to apply and he can make sure the case notes are up to date with care needs and he can write on sons behalf.xxx

 

 

 

Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

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My 10 year son has dyspraxia and like your little boy, has much the same problems. He is on the waiting list to see an OT at present. The school nurse made the diagnosis of dyspraxia - he has NOT been officially diagnosed by the Occupational therapist as yet. The waiting list is really long here.

 

Yes, you can make a claim for DLA, an official diagnosis makes it easier, but it's not always necessary. Don't be put off by the size of the form and if you get refused, appeal. Nearly everyone gets refused first time unfortunately.

 

I would say, yes you can make a claim for DLA

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DLA is payable based upon the care and mobility needs, not the condition in itself. You will hear of people saying you cannot get DLA for dyspraxia alone - this is absolute tosh. You can get it.

 

My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

does he have difficulty walking due to his balance and co-ordination? If so, does he need more assistance than the average child of his age to ensure he does not come to harm whilst mobilising?

 

He has problems dressing, using a knife and fork and balance and very accident prone.

Does he require your assistance to feed himself If so does he need this assistance frequently throughout the day?

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

He wets the bed; If you need to change him during the night, DLA will argue that this is not a care need as the need can be removed by the use of incontinence aids such as a nappy for example. The additional equipment he gets at school may also be argued that this is not attention or supervision over and above the average child; if he receives 1:1 support, then yes this is "attention" for DLA purposes

 

he can walk but cannot stand for long periods of time due to weak muscle tone

Does he need assistance or supervision with this?

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

DLA are notorious in that if the equipment will reduce or eliminate a need, then that need will not be considered.

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

 

As you will see from my bits in red, to receive DLA he needs to have care and mobility needs arising from his disability to qualify. In addition, because he is a child, it needs to be demonstrated that those needs are significantly greater than the needs of other children of the same age and sex who do not have his disability. They will consider attention and supervision which is "reasonably required" as a result of his disability.

 

Certainly worth applying. I've heard of several people who get DLA for a child with dyspraxia. A wee tip; get help in completing the claim forms, as they are long and labourious. Assistance can be given by CAB or Welfare Rights. Also submit all the evidence you have: OT reports, and reports from any other professionals involved in your son's care. DLA will usually write to a professional in any case however they will not write to all of them which can throw a claim off balance if they only have the opinion of one or two of the professionals, particularly if they choose to write to the people who have the least to do with your son's care.

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

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Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

I've just had a quick look into "Community Care Grants" - a "gateway benefit is required e.g. getting Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance, Pension Credit, or payment on account of one of these benefits. These grants come under the "discretionary social fund" so they can be refused at the discretion of the "Decision Maker".

Have a look at the DWP web site (link above) and if think you're still eligible you can find out more about what things you may claim for here. Go to page 30 and scroll down to "Direction 4 (a)(ii) - Helping people to stay in the community" and read on from there up to page 37.

 

Best regards and good luck,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Dyspraxia is included on the DWP's A-Z of medical conditions so they obviously acknowledge that individuals with this condition may make a claim for DLA. As others have said it is not the condition but the way the condition affects you. A diagnosis of any medical condition is not needed for a claim but it does help.

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