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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?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • 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 xx/xx/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 xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/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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Me and Various Benefits


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I rang PIP this morning to request an explanation in writing,

the case worker advised me that they were not able to offer any further explanation other that what was written in my decision letter.

He advised that he would send me the assessor's report today, 1st class.

 

Will the report tell me the assessor's qualifications?

 

Could anyone direct me to the link where certain medical conditions cannot be assessed by nurses and ONLY specialists/doctors.

 

I believe she was a nurse and i vaguely remember reading somewhere that my particular medical condition can only be assessed by a senior medical professional.

 

One of my long-term conditions is that I have multi-level cervical spinal stenosis with myelopathy.

 

Thank you.

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I believe the previous requirement for certain conditions to be assessed only by a doctor no longer applies.

The report will give the assessor's name from which you will be able to discover their qualifications.

 

Please try not to take this personally,

the assessment system is set up to fail as many people as possible and anyone getting the correct award at the first attempt is very lucky.

 

When you get the report, go through section by section and point out every single error/omission, but don't leave it too long to get your Mandatory reconsideration in.

Decision maker's have a target of 80% of MRs being refused,

so it's unlikely to get your decision changed at this point anyway,

however nearly 70% of appeals are upheld so don't lose hope, just go along the process and treat it as a necessary evil.

 

If you can, please submit a formal complaint to the contractor involved.

Again, it will go through each stage of their complaints procedure and they will decide the assessor was perfect,

but you can then take your complaint to the Independent Case Examiner who may well uphold it.

 

Be warned that it is not a quick process though

- it took more than 12 months for my complaint to be allocated to a case worker as they are a bit snowed under due to the 880% increase in complaints over PIP assessments.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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That is shocking! It is causing un-necessary pressure on individuals

 

Could someone suggest the best link for me where i can see the scriptors and relevent points system for PIP please?

 

I am shocked they have given me zero points for mobility.

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Pay particular attention to the 'reliability' criteria.

 

If you're not sure, post again and I'll do my best to explain - I've become a bit of an expert on PIP descriptors through necessity!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Please explain this?

 

I received my assessor's report and she is a qualified nurse.

 

I read sometime ago that nurses are unable to assess specific conditions, is this still the case?

If so, could someone post a link where i can find this info please (i should have saved it )

 

The assessor claims it took her 50 mins to complete my assessment,

this in untrue,

i was in with her for 21-22 mins.

Should i mention this or is it irrelevent and seen as 'nit picking'?

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I would say that a short assessment should be mentioned as it's unlikely she could do a thorough assessment in 20 minutes - there is no longer any requirement that specific conditions are assessed by a doctor, all PIP assessments can be done by either nurses, midwives, paramedics or physiotherapists.

 

Now you have the report, for now go through everything she has written and note any and all errors. If you can, copy the report and just use a highlighter or note down errors/omissions.

 

After you've done that, for each of the criteria, read the handbook information so you have an idea of what descriptor she should have selected. At the beginning of the handbook there's information on how to assess if a particular activity can be done reliably - repeatedly, safely, and in a reasonable time and to a reasonable standard, which should be applied to each of the descriptors. For example, if someone can walk 100 metres before stopping but then has to rest for half an hour before they can walk that distance again, they will be deemed not to be able to walk 100m because they can't do it repeatedly. Another example would be if someone is physically able to walk but doing so makes them so breathless that they're risking a collapse - again, they're deemed not able to walk because they can't do it safely.

 

You may find it helpful for each of the criteria that you think apply to you, do a version of the following:-

(this example is washing and bathing)

To use the shower I have a stool to sit on as standing for long enough to wash thoroughly causes too much pain in my legs and back. Using a stool I can shower reliably as it doesn't take me any longer than average, I can do it safely, to a reasonable standard and as often as I need to. (This would meet descriptor B.)

 

To use a bath I have to use a bath lift which I need someone else to operate for me as my hands are to weak to operate the controls. I also need someone to be within earshot all the time I am in the bath in case I feel dizzy. I cannot bend enough to wash my lower half so someone else has to do that for me. It takes me much longer than average to have a bath because of the preparation needed. If someone is within earshot all the time, it is usually safe but they still need to check on me every few minutes as I have once fainted with no warning. I would like to bathe every day but I can't because it takes so long and because the effort involved means I can do very little else on days when I do have a bath. (This would meet descriptor G because although the person can bathe with assistance, they cannot do so reliably - they take longer than average and cannot bathe as often as they need to.)

 

To summarise, say what you can do, what aids you use or whether you need assistance from a person, say which of the reliability criteria you do or do not meet.

 

When you've done all that, you should have two pieces of paper to compare - one with what the nurse wrote and one which is what you can actually do. From that you can pick out the most important errors - the ones that are most likely to score you some points if corrected - and start putting your reconsideration request together. You might start by writing something like (where applicable)

 

'Having received the report prepared following my face-to-face assessment, I would comment as follows:-

 

1. According to notes made at the time, the assessment lasted for only x minutes, not the xx minutes alleged.

 

2. In completing the first page of the report, the nurse has omitted mention of xyz condition and the fact that I am under the care of abc consultant

 

3. The nurse has not referred to any of the medical evidence submitted with my form, nor explained why her opinion of my functional limitation differs from that evidence.

 

4. In particular, when considering the criteria for washing and bathing, the nurse says that I am able to bathe using aids or appliances. This is correct in so far as I use a bath lift to get into and out of the bath, however I cannot operate it myself so my wife has to operate the controls, and also my wife has to wash my lower body. I cannot bathe every day because it takes me so long to wash the bits of myself that I can reach and the effort involved means that I am not able to do very much else on that day, therefore I cannot bathe as often as necessary.

 

5. For mobility, the nurse has written that I can ....

 

 

There may not be any need to mention every error, only ones that will score you more points. Check the information on the first page very carefully - she should have listed all the evidence she considered in a way that the decision maker at DWP can identify it, so just saying 'a letter and two reports' isn't good enough for example, and she must not omit any condition or illness mentioned on the paperwork or during the assessment, it's not her decision as to whether a particular illness is relevant or not. If there is any fault with factual information such as this, put it at the beginning of your request as provable factual errors should prompt the decision maker into looking at your case more carefully.

 

That's everything I can think of for now, good luck and let me know if you need any of the stuff in the handbook explained a bit more.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Currently, my PIP decision is that i have been awarded daily living (standard), for two years (with a review in 12 months), am i entitled to SDP?

 

I am currently receiving UC and awaiting an atos medical to try and be placed in their non-work related group (i am dreading that battle next!)

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Currently, my PIP decision is that i have been awarded daily living (standard), for two years (with a review in 12 months), am i entitled to SDP?

 

I am currently receiving UC and awaiting an atos medical to try and be placed in their non-work related group (i am dreading that battle next!)

 

There's no SDP within UC I'm afraid.

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Ok thank you for your reply

 

The assessor claims i can walk more than 200 metres, this is untrue. I the descriptor two applies to me:

 

(e) can stand and then move more than a metre but no more than 20 metres, either aided or unaided- this is on a good day, albeit, with pain & discomfort

 

(f) Cannot, either aided or unaided-stand or move more than 1 metre-this is on a bad day

 

I would say my pain/discomfort ration is:

 

70% bad day

30% good day

 

I am confused with what descriptor to select, any suggestions please?

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After considering the reliability criteria - remember if you can't do it safely, within a reasonable time, to a reasonable standard and as often as you need to, then you can't do it - whichever descriptor applies for at least 50% of the time is the one that you choose. There are worked examples in the assessment guide which may help you.

 

From the brief details you've given, I would select (f).

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

Thank you all for your advice and help. I received my mandatory decision back and I have now been awarded the 'mobility' component that I disputed. I have now been awarded both care and mobility for two years.

 

At the same time of my PIP assessment, I was also in the process of claiming UC. the decision maker has concluded to award me the 'Limited capability for work and work related activity' for 12 months, the letter states that this will be reviewed in 12 months or 'thereafter'. I requested a copy of my medical report and the assessor has suggested 'review in the medium term'. Does anyone have any guidelines to the timeframe of medium term? As I inclined to put in a mandatory reconsideration, as 12 months seems quite short-term to me.

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Congratulations on getting your PIP award amended.

 

Regarding the UC claim, 12 months or thereafter could quite easily be considered medium term - short would be 3 or 6 months and even people with incurable degenerative conditons rarely get more than 3 years respite. Whilst it probably can't hurt to ask for a reconsideration, it's also probably a waste of your time.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 9 months later...

Dear Caggers

 

I was hoping i can get help with a few questions.

 

I am currently recieving UC, support group (due to medical reasons), its due to end on or after January 2019

 

I am pregnant (due end of January 2019) but havent informed the DWP yet as i am unsure when i have to.

 

Here are my queries:

 

1. As i am currently recieving UC (support group-not obliged to search for work), when i inform them i a pregnant, will i be automatically be moved to income support? Is there a disability element attached to this, same as UC? Would i have to have another medical apain

 

2.If i am moved to income support, am i not obliged to look for work for 5 years? (Regardless if i have a disability or not)

 

3. There is conflicting information online regarding the timeline to inform the DWP of my pregnancy, is it 11 week before my due date? If i inform them at a later date (just before the birth due end of January 2019) will i be sanctioned?

 

I suffer from severe anxiety and do not cope well with change, hence why i am asking all the questions and dread to think i have to go through another medical.

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You can't claim income support once on UC, so you stay on UC.

 

Nothing really changes on your claim as you are in no work related requirements at the moment.

 

You tell UC when you are within 11 weeks of the due date and send them a copy of the MatB1 form.

 

When the baby is born, once you have the birth certificate, you report this on your UC online claim, report a change, people who live with you. To avoid any delay in receiving extra child element money, you provide a copy of birth certicate to nearest Job Centre who will verify it.

 

At some point when the LCWRA is due to be reviewed, you will receive a letter in your journal saying that a health assessment will be required. This is to assess the condiion(s) that gave you this entitlement previously, to see whether you still qualify. The birth of baby makes no difference.

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You can't claim income support once on UC, so you stay on UC.

 

Nothing really changes on your claim as you are in no work related requirements at the moment.

 

You tell UC when you are within 11 weeks of the due date and send them a copy of the MatB1 form.

 

When the baby is born, once you have the birth certificate, you report this on your UC online claim, report a change, people who live with you. To avoid any delay in receiving extra child element money, you provide a copy of birth certicate to nearest Job Centre who will verify it.

 

At some point when the LCWRA is due to be reviewed, you will receive a letter in your journal saying that a health assessment will be required. This is to assess the condiion(s) that gave you this entitlement previously, to see whether you still qualify. The birth of baby makes no difference.

 

Thank you for clarification

 

Do you mean i can inform them anytime from 11 weeks before my due date until the birth/due date? Or is my deadline date on 11 weeks before due date?

 

When they review my entitlement, if i fail the medical, will i be told to look for work or am i exempt until the child is aged 5 and in full-time nursery?

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Would i qualify for the additional 'child element', as its my first child? However, it states born 'before' April 2017, which obviously doesnt apply to me but i cant see an element for born 'after' April 2017, or do i only qualify for child benefit?

 

https://www.entitledto.co.uk/help/Universal-Credit-Rates

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Thank you for clarification

 

Do you mean i can inform them anytime from 11 weeks before my due date until the birth/due date? Or is my deadline date on 11 weeks before due date?

 

When they review my entitlement, if i fail the medical, will i be told to look for work or am i exempt until the child is aged 5 and in full-time nursery?

 

You just send a copy of the MatB1 form in onnce you have it, which will confirm the expected birth date.

 

In regard to the child element, when you add your child to UC, you will get the extra £231 added to the claim, but only after the Job Centre have seen and verified the birth certificate. UC can verify through child benefit system, but if there is a delay with child benefit, then it can delay matters.

 

Suggest you stop stressing out, as it is no good for you or the baby,

We could do with some help from you.

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