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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?
    • 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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Sending repeat sick note


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Hi, I'm appealing ESA and have had a letter saying the sick note is about to run out and need to send a new one before the 20th, but my doctor says they can't issue another till the old one runs out on the 20th, so it will be impossible to get it there on time, do they stop payment on the day they say, or will they give it a few days?

 

Also the DWP have arranged to see me saying they need to check my benefit claims, but they never mentioned ESA, and when I asked what it was about they just said it's to check the information they have and maybe something else, if it was about my ESA appeal would they have to say, or could it be they are just checking the information they have.

 

Thanks.

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:riget:

 

Government guidance to doctors about Med 3 (unfit) notes isn't as clear as it could be and doctors don't always read such guidance as there is. Credit where it's due; your doctor's realised s/he can issue sick notes pending your appeal hearing. Gaps between sick notes can be problematic but overlapping notes are fine. Also, if necessary, a Med 3 can be backdated. Worst case senario for you is the possibility that your next payment may be a couple of days late if Jobcentreplus are waiting for a note before they can issue payment.

 

Unlikely that Work n Pensions want to discuss your appeal. Far more likely to be a routine check, from a Benefits Integrity Centre or a compliance team, that everything's as it should be with your claim.

 

Regards, Margaret.

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Thanks for reply, the overlapping sounds about right, like when I did mot's, you can't predate them but nothing to stop you doing another before that one runs out, I'll ring the doctors again!

 

Yes looking at the letter it does say, "customer compliance".

 

Thanks.

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Thanks for reply, the overlapping sounds about right, like when I did mot's, you can't predate them but nothing to stop you doing another before that one runs out, I'll ring the doctors again!

 

Yes looking at the letter it does say, "customer compliance".

 

Thanks.

 

Yes, I'm sure Margaret is correct here - Compliance would not call to discuss your appeal. Indeed, it would not be at all common for anyone to call regarding your appeal.

 

Re your med cert, again yes, there's no issue from a DWP point of view if certs overlap, and there's nothing to stop a doctor from issuing a cert prior to the expiry of the old one. As you say, they can't date it in the future, but that's not really the same thing.

 

If your cert expires on the 20th, the computer will withhold payments as of the 21st. Processors can't override this, but if you subsequently supply a new cert your payments will restart and any money not paid will be issued once said new cert is processed. To keep things simple, you'd want the new cert to be dated from the 21st at the latest, since under normal circumstances every day of your ESA claim must be covered by medical evidence until you are found to have LCW by the DWP or the Tribunal.

 

One exception to this: a gap in evidence of up to 10 days can be accepted provided that this is not your first cert.

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you may have already done this, but an email or quick phone call to the practise manager, all surgeries have one I understand, often sorts it out. Just a suggestion as thinking of anything that could help. As a sufferer of anxiety this situation would have me fretting and pacing all weekend.

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Well to update this, had a phone call 30 minutes ago from reception, another doctor has decided he will do it, then 5 minutes ago, another call, he's changed his mind and now will not do it, so I have to wait till Monday for original doctor to do it.

 

How does the world keep spinning?

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Hope you get it sorted, riget. I have been sending the DWP (un)fit notes every three months for over four years now. As you have discovered, there is no problem with sending them in a little early, in fact that is recommended practice. The computer system will not allow payment to be generated for any period not covered by your note.

So, I always diary when mine is due to run out and get a new one at least a week to ten days before that happens. This allows time for it to be posted, received and processed. Do not rely on the DWP to remind you. When they do, it's usually too close to the date it runs out and sometimes they don't remind you at all.

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it seems to be an area GP's have discretion in. I have personally never managed to get a GP to provide a new sick note before the old one expired, but the DWP's practice to me is unusual, the best bet is as I said before ring and ask for a grace period explaining why.

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it seems to be an area GP's have discretion in. I have personally never managed to get a GP to provide a new sick note before the old one expired, but the DWP's practice to me is unusual, the best bet is as I said before ring and ask for a grace period explaining why.

 

That is highly unlikely to work - ESA cannot be paid without a sick note where one is required. There is no way a processor can offer a grace period.

 

Now, admittedly, it's been a couple of years since I would spend several days a week running sick notes into the system, and the rules may have changed. The current, and unfortunate, political climate leads me to believe that if the rules have changed they won't have become more lenient.

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it worked for me, I was given grace periods multiple times.

 

There was even that occasion where I got a letter informing me I had been paid 6-8 weeks worth of IB without a sicknote and asking me for a hugely backdated sicknote, I panicked, posted on here, estellyn informed me I shouldnt even be sending sick notes and I then managed to get it corrected. But that showed the system can have payments going with out of date sick notes.

 

Of course that was IB and is possible ESA has some kind of blocker where noone can overide it. If it does then thats just stupid. There has to be room for dscretion and common sense.

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