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Everything posted by Bobity

  1. I have just found out that letters regarding my PIP application and tribunal hearing have been sent to the wrong address over several months. They did have the correct post code but sent the documents to the wrong house number. I have received letters to the correct address in the past and the woman on the phone said it was their error. I am worried that personal information about my health and my claim has been able to be accessed by unauthorised people at the wrong house. Is there anything I can do about this. Any help or advice is very welcome. Bob
  2. Hi I do not self-medicate, all my drugs are prescribed by my doctor. I know that this is unusually high, however, I have a high tolerance after taking these for over 20 years. My doctor is an excellent doctor and wouldn't normally prescribe this way but my situation is complicated. The next step up for me is morphine but my doctor is very reluctant, as am I, to go down this route. The pharmacist is also aware of my situation. The medical council also are aware of the amount of drugs I take (they thought I was selling them! I am not). The response from everyone on this list is normal and I would expect anyone who knows about pain medication to be shocked, however, the health professional who interviewed me didn't raise an eyebrow or question this at all which leads me to believe that she had no idea of what I am taking and the effects they would have.
  3. What I don't get about this whole process is that clearly I, and others in this situation, are unable to work. my doctor says that I am unable to work (he will write a statement for me regarding my illness). On the letter telling me about the WRAG and conditions it says that 'there will be a wide range of services to help you back into suitable work, if you are able' . Surely by placing people in the WRAG they are making the judgement that you are able to work. Does anyone know what is in place to monitor people's illnesses? Or is it the case that once they reject your appeal you stay on that benefit? This seems to me to be a stealthy way of means testing benefit for all but the most severely disabled.
  4. hi yes, I know that this is normally a huge amount, but it's what I have.
  5. hi Thanks for the replies. I do have mobility problems and these have been described in my assessment and appeal but as I can walk for 200 yards I don't think that this is classed as severe enough. The problem is the constant pain I am in - hence the shifting of positions constantly but I can move from one seat to another unaided. I have have depression and take medication for this. I have been described as morbidly despressed by my gp and have had suicidal thoughts and have self-harmed in the past. Another worry is that I lose concentration and forget things all the time. It drives my partner mad as I have to be told everything over and over again. I think that most of this is due to the meds I am on. I take 10 x 120mg Dihydrocodeine, 4 x 7.5mg zopiclone, 1mg x 2 flupentixol and 2 x 20 mg fluoxetine daily, plus 2 bupenorphine patches per week. As you can imagin these have quite an effect. I do have a partner who works but no private pension or anything like that.
  6. Hi All I have been place in the WRAG after a face to face assessment. I wrote and appealed but the decision is upheld but will go to an independent tribunal. In the report that the health professional wrote it states in the activity 2 Standing and sitting that ...'cannot, for the majority of the time, remain at a workstation, either standing unassisted by another person (even if free to move around) or sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. does this satisfy the SG descriptor? There are other conditions but I am trying to find out what will be effective in my letter to them. Also, the health professional has said in the Prognosis section- Expected Change, 'I advise that a return to work is unlikey in the longer term' and she qualifies this by saying ' significant functional disability is likely at this time due to physical problems effecting upper and lower limb - conditions are degenerative in nature and are unlikely to improve with time. I would have thought that this was suggesting i would be put into the support group? I intend to ask them to adivse of how they came to their decision and to ask which documents they will be sending to the independent tribunal and requesting that I have a copy of everying thatthey will send. Do I have the right to know who will make up the tribunal and will I be able to contact them directly? I apologise for the length of this post, but am quite desperate and worried about how I will manage if they stop my money. Forgot to mention that I was assessed by one of their doctors about 18 months ago and awarded a small amount of dla as I am unable to make a cooked meal for myself - you'd think that would tell them something! Apparently the Medical Profession don't know what they're talking about - all that education!! Apologies again Any help advice welcome Bob
  7. Thanks Silver Fox I wrote and complained but it was some time ago, and I got a reply that I didn't understand. I think it is time to write again. Got my cheque. Donation on way.
  8. Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.
  9. Been to court today... and Won! The judge told me to sit down, appologised for keeping me waiting, said he'd read everything I'd put on the witness statement and that as the other party weren't there to defend he was granting the set-side. Big thanks to everyone who helped me with this, especially Miss Muppet who practically mentored me through the whole thing! Got costs as well.
  10. Hi Don't know if it's just me, but I can't read the attachment even when enlarged. Try attaching again using a different format. Bob
  11. Does anyone know of any supporting arguments etc against DCAs using SDs as a method of debt collection? And a panic question - have CQ ever taken anyone to bankruptcy if they lost the set aside?
  12. I am surprised that they haven't withdrawn the SD (if they can do that). I'm hoping it will be easier without them there. Just need to finish off my documents (will probably be posting like mad over the next day or two), and get my costs in now. This time next week I will know one way or the other.
  13. Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.
  14. I did receive the agreement, but it was a microfiche barely readable copy, of an Egg agreement from 2000 which I believe are missing a few prescribed terms.
  15. Thanks both I am working through the points one by one on the witness statement - the delivery of the sd being the first. Next point is that a statutory notice of default has not been forthcoming. I actualy SARed Egg, and they say they dont have anything that matches my details! Must have destroyed them.
  16. hi Just getting things together and a further complications rise. Re service of the SD. I had got the rule down as IR 6.3(2) Requirement to Service (mentioning creditor trying to effect personal service and about how the creditor has to demonstrate he tried to contact etc and only when all this fails, then and only then can they post the SD). Then I looked back at something I'd written awhile back and this says it is CPR PD INSOLV 11.4 Which I looked at and it looks right - but so did the other? Anyone know which I should go with?
  17. Thanks Miss M Should I reply to CQ acknowleding the letter? or just ignore it? I don't want to do anything to prejudice the case against me.
  18. Hi all Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side? If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).
  19. Thanks for responding so quickly onlyme. I didn't know whether to get it in straight away or not. They said they were going to get a copy of the statutary default notice to me, but I'm still waiting!
  20. Hi When sending out the schedule of costs claim, do both the court and CQ get a copy of this or just the court? How far in advance should i send this out? It's getting close to 'the date' now and I'm feeling a bit nervy to say the least. Thanks Bob
  21. Thanks all so much for that! It clarifies. The set aside is for a statutory demand by CQ, my reasons egg agreement from 2000 - missing prescribed terms no default notice no proper letter of assignment using bancrupty threat as method of debt collection Also, CQ accused me of not paying them as agreed, which I was and could prove -but they slapped a load of interest on and didn't remove it when they realised they were wrong (not that they admitted being wrong). They only took off the interest 'as a gesture of goodwill' when I started down this long and wearisome path! So glad I hung on to the cpr3.14 request. I didn't quite know why, but it wasn't making sense to send it. Clear now. Thanks again
  22. Hi All Could someone please clear a point up for me on the cpr 31.14? I have a set aside hearing in 3 weeks and think that I should issue the cpr (reading what everyone says). The thing that is getting me muddled is the request for 'an extension of time for me to file a defence'. If the court date is set (by the court) how can the dca give an extension of time? Or is it that the 'defence' in this case would be that submitted if the set aside wasn't granted, and this went to bancruptcy? I have the letter waiting for a stamp but I don't want to send this out and look a complete idiot if it's not appropriate.
  23. Hi Thanks onlyme and miss muppet yet again coming to the rescue. Great stuff from both of you and it is hugely helping me with this loads and giving me the confidence to follow it through. Not got back before this as I sometimes have problems accessing the site - can get on for days and then suddenly won't log me on although the welcome message recognizes me - something to do with cookies I think - anyway back on again now. Thanks both again.
  24. Thanks for both those posts miss m. I hadn't seen the other thread, don't know how I missed it, it is really useful and makes sense of the witness statement. I've asked on the other thread but will ask here as well, can you submit the CPR 31.14 Request after the court hearing date has been set? It's the bit about extending the time to submit a defence that's making me unsure, isn't the time set by the date of the hearing?
  25. Hi Can a CPR 31.14 Request be sent out after the court hearing date has been set? Just wondering because of the bit about requesting extension time to submit a defence.
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