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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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If I fail my ESA tribunal what happens?


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NO, if your appeal fails they will tranfer you to Jobseekers Allowance.

 

No if its more than 6 months from the initial WCA decision then ESA can be reapplied for as long as fit notes are provided.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Sorry I missed estinlyns post

 

My initial WCA was a year ago so how do I approach

 

If you fail you do two things. Firstly make a new claim for ESA - but you may need to wait for the old one to be closed down, make sure you send a fit note from your GP. Secondly write to the Tribunals service and ask for a statement of reasons for their decision - this is the only way you can see if they properly considered all evidence. If you think from the statement of reasons that they did not consider all of your evidence properly, then seek specialist help (CAB, welfare rights) in order to take the matter to upper tribunal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

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Ok thank you estellyn. I am just looking at it from all angles.

 

So if I fail and the Esa is closed down. I reapply, is there a disruption to my monies, e g current assessment ESA and housing benefits. Bit stressed

 

There may be a small wait for the new claim to be processed. As long as you keep the housing benefit dept up to date with what is happening, and provide any details they ask for, there should be no issue with HB.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hopefully someone will correct me if I'm wrong about this, but this is what happens. If you fail the appeal, it can take a while to close down your claim - sometimes 2-4 weeks. While your current claim is open they won't be able to take a new claim over the telephone. Once it is shut down, you make the new claim and it is processed. Not sure what the turnaround times are on simple new claims - could be 2 weeks, could be 4 weeks. In the interim you can try to claim a crisis loan if things get scary. Remember ESA is paid in arrears, so depending on your payment day, you're likely to receive at least one payment after the appeal, maybe two, depending how quick they are in processing the appeal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Assuming you fail your Tribunal - and remember you may well succeed! - then, as it's over 6 months since notification of your failed WCA, you can reclaim ESA (likewise if your condition has deteriorated).

It can take quite a while before the Tribunal officially notifies the DWP that you have failed. So, this is what I do:

My ESA benefit is paid every other Thursday. The payment is generated the Monday before. So, every other Monday I used to phone up my BDC to ask if they had been notified that I had failed. (The Tribunal panel told me on the day that I had). If it's a no, then I know my payment will go through without a hitch. When I finally had a yes, then that was when I submitted my new ESA claim.

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Thats great advice, thank you very much indeed I follow what you do Estellyn and Rae if its a neg outcome at Tribunal.

 

So does the ESA process just begin all over again, another ESA50 and another ATOS assessment?

 

What happens to back payments from my current ESA claim when/if it gets closed if I am successful with the new claim in the future?

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