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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Lost my ESA appeal now what


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Hello All, I am new to this forum. I went to my tribuanl last week unfortunately the decision came back has failed. but I am in a conundrum on what to do now... I know i can make a claim for JSA however, i don't believe i am fit enough to work. I have congenital Scoliosis which is a large curvature of the spine. So if i cliam how can i look for work?

Secondly, i hope somebody can clarify this me. Can you can make a fresh claim for ESA if it has been six months from when the original decision was made? This at the medical with ATOS not the tribunal date. If i make a new ESA claim why would i be successful this time around when i failed last time? Or, is there any other benefits i can claim? I am claiming DLA which helps but of course i need some other income so any advice i would really appreciate it! Especially if you gone through a similiar experience.

 

Thank You

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Hello and welcome to CAG. :)

 

I expect you'll have some replies later. I think the system may have changed recently, although I'm not completely clear myself, and it may be 6 months from the tribunal decision that you can reclaim.

 

I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Hopefully the guys will tell you more when they're able to get here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Yes, have heard of people where that's happened.

 

Are you a lone parent or a carer?

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Thanks Honeybee for the link. Can anyone tell me the rules please regarding making a new claim for ESA? I have look on Google and i am still uncertain if it is six months from the original decision or six months from the tribunal date.

No, Nystagmite i am not a lone parent or carer. If it is six months tribunal i dont know what i am going to do because i am incapable of working so why claim JSA. I am little bit in the dark. Is there anyone i can talk too? Please offer me some advice thank you

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

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Do be aware, although it is quite rare, sometimes the DWP call staff aren't aware of the exact time period. Any problems and I'll post up the link to the relevant document ...

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

 

Quite correct :-(

 

I find it quite strange that a post here claimed that the 6 month rule had changed and that it was from "informed sources". Since there was nothing nowhere on the DWP's website nor any other reliable advice website... which quite frankly something of that magnitude would have caused quite a storm. Nor did the original poster ever post back when asked to clarify their sources. Even more amazingly over on MSE a post appeared stating the exact same thing but this time referenced to posting on here.

 

The only conclusion is that they were a WUM and a TROLL looking for a bit of twisted fun making disabled people panic:roll:

 

We are not amused :razz:

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