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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

spitfire1964

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Everything posted by spitfire1964

  1. spitfire1964
    Date on the notification 21st July HB Letter has been scanned, which will identify when it went through the postal system. So there you have it, the Tribunal who are meant to be impartial send you notice of your appeal hearing after the hearing of appeal has been concluded, and you could not give a case, a lose. Talk about kangaroo court's, this Country is infested with them. Any input on how I should deal with the fact that notice to attend came after the event, would be appreciated, thanks.
  2. spitfire1964
    I have this morning and 4 days after losing my appeal been giving notification of the date for hearing, and after the hearing took place. So in otherwords the Tribunal have giving me notice of appeal date, after the appeal was heard, very odd. And has been sent from Birmingham, and not from Cardiff, very odd.
  3. spitfire1964
    Well if there is no requirement to notify in writing which I am not disputing, giving notification by phone and give a completely different date would I assume not satisfy giving reasonable notice, because it was incorrect and therefore and I assume not a reasonable excuse. Part 3 of the decision of appeal states Setting aside as an option if the grounds for setting aside are relevant, which in this case and giving the reasons for setting aside mirror what has happened to me RMW, a mistake in arrangements, or I was not able to be present and any procedural irregularity, not complying fully with a direction, as was the case, meets the criteria and giving the facts and in the interest of justice to set aside.
  4. spitfire1964
    I am going to make an immediate application to have this decision " set aside " as it clearly evident that there has been a mistake in the arrangements, there has been other procedurals irregularity and it in the interest of justice to do so. No I did not receive any correspondence with any dates on it RMW, the last correspondence that I received from the Tribunal was dated 13/7/17.
  5. spitfire1964
    Hi RMW, The Clerk to the Tribunal when I made him aware that the date I was giving was for the next day stated that it could be that the administrative centre had made the mistake and the reason for the mix up in dates and because the hearing had already taking place it was to late, and he also stated that I should not attend the next day. They have made the mistake not me, and it was not as if they could have rectified it, they could have imo. I was told by phone about the date of hearing, no correspondence was received by me to suggest the date was one day earlier RMW.
  6. spitfire1964
    Yes I did and via email, giving the case number and the date of the hearing that I thought was the trial date, 8th August 2017, the hearing went ahead a day before. Giving that I gave that date and HMCTS were aware that I had indicated the wrong hearing date, which is denied, surely they should have seen this and acted accordingly if they had established that there was a mix up in dates? When I requested that the DWP be barred from proceedings the DJ made an order that unless they complied with the order they would be barred. My argument after this point was that they complied with the direction, but only part presented the material that should have been sent which included the evidence that was used by me to obtain a higher rate of DLA which was successful. The DJ ordered the DWP to show details of the award for DLA which included a mandatory reconsideration and the evidence that I relied on, which was not giving. In other words the evidence that could prove my case and that had previous been used and should have been considered as it would form part of the evidence ordered to be disclosed. My argument on this point is that the DWP failed to abide two orders, firstly not providing evidence in the first place, but thereafter providing evidence but only part evidence after giving another warning. In a nutshell HMCTS not only failed to follow the procedure that they have set, they also allowed that same order to be breached because only part evidence was giving. The DJ stated and in correspondence "The Respondent cannot be barred pursuant to the directions which were issued on 7.5.17.This is because the Respondent complied???? within the period stated. The appeal should now be listed for hearing."
  7. spitfire1964
    Lost my appeal, the tribunal and in its summon up based its decision placed particular reliance on the evidence of the papers generally. Would have liked to have had my say, but it appears that because of a technical error in the mix up on the dates and the previous order for an oral hearing, those facts were not considered.
  8. spitfire1964
    Good evening BB, could you please further explain. Just to add, that when the DWP did not fully comply with a previous order that had been made by a Tribunal Judge because they did not provide all the evidence being requested, I asked the Tribunal to consider barring the DWP from proceedings, in response the Judge indicated that unless they complied they would be barred from proceedings. They complied, and as a result the same Judge listed it for a Hearing, ( oral ) I am assuming, don't know if this has any bearing on the hearing going ahead without me being there in person, could you kindly advice.
  9. spitfire1964
    OK thanks for clearing that up Davey, will have to wait for the post. I wanted to attend but somehow the dates for Hearing got mixed up, annoyed really, but it was a technical error beyond my control.
  10. spitfire1964
    I still am non the wiser to the decision made by the Tribunal on Monday, have I the right to be giving the decision or do I have to wait for the post?,
  11. spitfire1964
    The hearing proceeded in my absence, have been told that if it could have been an administration technical error and by the time that I had responded the decision had been made, so I do not need to attend tomorrow. The decision will be sent by first class post tomorrow and I should receive it within a few days, any further correspondence should be made their Cardiff adminstratiive staff.
  12. spitfire1964
    My PIP appeal Tribunal dx100uk.
  13. spitfire1964
    I have just received an email from the Tribunal stating that my hearing was today, I was under the impression and marked all correspondence for the hearing as going ahead on the 8th August 2017. Whilst I am not trying to make excuses I would have assumed the Tribunal if they have giving the date as being the 7th and seeing all my evidence was listed to be heard on the 8th would have acted and gave notification as to the misunderstanding. I'm gutted because I have waited 9 months for this appeal, will the case be considered in my absence. Any help at this stage would be appreciated. I have sent a reply email back explaining the same to the Tribunal.
  14. spitfire1964
    Any help as always, would be appreciated. If the DWP and ATOS have not followed the correct procedure when a valid complaint is made, will the Tribunal consider this in evidence?,
  15. spitfire1964
    Thanks HB
  16. spitfire1964
    Hi, I recently and after being advised by CAB made a complaint to ATOS about the assessor who dealt with my PIP. I do not feel that the complaint was considered correctly. In particular when the complaint was registered with the Health Care Proffessional Council because I was not getting answers from ATOS, The HCPC and on the information that I had giving them were of the opinion that a full investigation with ATOS needing to provide the evidence that they had previously failed to give when I requested which would now have to be adopted and in accordance with HCPC. The HCPC stated that I was to request from ATOS confirmation or a denial that previous complaints had been raised in respect of the same assessor who I was complaining about and the HCPC wanted clarification of this from ATOS to further their investigation as this was a procedure that would need to be adopted by ATOS. ATOS never gave that information which not only abused the procedure set by HCPC it also denied me the right to report and complain about that assessor because they were refusing to abide the procedure set out by the body who deal with conplainst against health care profesionals. Should the Tribunal be made aware of this? if a doctor ignored the procedures that had been put in place by the GMC, I don't think this would be tolerated. Thanks
  17. spitfire1964
    Thanks for that RMW, I contacted Tribunal in Cardiff HQ and advised them that I have sent my wife's statement and by recorded delivery, they said that is fine but have advised to send any other evidence within seven days of hearing. You mentioned a diary, could you please explain what you mean in regards keeping a diary for a few days, thanks
  18. spitfire1964
    That makes it much more clearer The Godmother, thanks for clearing this one up for me, appreciated.
  19. spitfire1964
    Yes the Hearing is on 8th August HB
  20. spitfire1964
    I had my ESA stopped which is now pending an appeal, I have had to do a joint claim to claim UC, what a nightmare this has been. My original claim was from the the 23rd June and they have in therefore paid me four weeks instead of five, 23/06/17 - 22/07/17 that will be paid on 29/07/17. so in other words they are paying me four weeks but not paying me until the 5th week but not paying for the 5th week. As I have come straight over from ESA the seven day waiting period and as I understand it cannot be used by the DWP so why has a week been deducted and why if my claim started on the 23/06/17 and payable on 22/07/17 not reaching my account until a week later? Any help would be greatly appreciated, and as per norm why do they make the simple things not so simple,.
  21. spitfire1964
    My doctor who I was seeing at the time and after explaining that I was experiencing pain in my left arm and after blood tests stated that I was suffering from a new condition, angina, of which I regularly take medication for and was aware of the problems and at that time I had losing breath when walking, she advised me after I had told her that the DWP wanted to do a medical assessment to request a home visit from them because of my condition, I made that request but never got a reply. Can evidence like my wife giving an account of what she witnessed at the assessment be sent by email to the Tribunal for them to give to the panel who will be dealing with my appeal? And does it have to be writing as being a statement or just a normal email sent message. There is a fair bit that I need to disclose by next Tuesday for the panel to consider, is sending it by email a means of correct discloser?, any help on this and as a matter of urgency would be appreciated. Please can anyone help.
  22. spitfire1964
    I think you are right Nystagmite, time to concerntrate on what should have been awarded as opposed to what this fraudulent assessor has indicated which is just plain lies. That said on the report he has stated the assessment started at 10.00 and was concluded at at 10.19, again if an assessment for two illnesses can be achieved in that space of time, as the DWP own evidence clearly confirms, I would have assumed the person being subject to that assessment has not been giving the rights to a full and proper assessment as to prove his or her entitlement to PIP.
  23. spitfire1964
    No I don't atm, would you recommend that I use one or is it to late in the day to get one.
  24. spitfire1964
    The Tribunal Judge in the appeal made an order that the DWP provide the latest records of awards made for DLA, which again was subject to a mandatory reconsideration notice, not based on the fact that DLA was awarded, FEB 2014, but based on the rates granted, DLA was awarded, but I felt the rates were incorrect. A couple of questions on the refusal to award more and giving in the mandatory notice is based on the findings and only one of the medical findings that I can walk a mile and in the opinion of the ESA assessor I did not have a significant disability with mobilising, standing and sitting, can the DWP rely on the assumption made by an ESA assessor to rely on a decision not give a higher rate? And giving the order made by the Tribunal Judge would the DWP be compelled and in this instance to provide the further evidence that I disclosed with the last award subject to a mandatory, as on the notice its states the reason for this decision and the evidence used 1. Claim Pack. 2. The extra information that you provided us. 3. The ESA medical report dated 12/12/2013, the DWP have conveniently left out and not disclosed the further medical evidence that I sent them, my argument is that without that evidence and in considering the Judges orders they have not fully complied with his order, only part. Its funny how this lot conveniently leave out the medical evidence that undermindes their decisions, must be the oldest trick in the book. The judge when they ignored his initial order stated that they be barred if they failed to comply, in my opinion the fact that they have not produced all the evidence surely is not abiding with that order full and proper?, so in theory the case should not even be going to a hearing as they have not provided all that they were ordered to disclose, any help would be appreciated. On that point BB, giving the FTT have allowed the DWP to only provide part material pursuant to an order, and have allowed the DWP to proceed to a hearing on the provisions that the DWP would be barred from proceedings, would not providing the further medical evidence that they all/eged to have considered be an abuse of process, in otherwords, allowing the DWP to conceal any medical evidence that could undermined their decision and that should be considered at the Tribunal hearing, therefore they should have already been barred from proceeedings and according to the Order which was not fully complied with on this occasion. All those points as always are very helpful RMW, THANKS. I am now considering the report from the assessor, just going through it makes me angry tbh, but I need to tackle this with a clear head and would be grateful if you could help me on a few points. Under the heading VARIABILITY, the assessor as left this blank and put "As per condition history" (a) what does Variabilty mean, and should have he reported anything on this as opposed to just mentioning as per condition history? thanks
  25. spitfire1964
    Thanks for that BB, I have involved my MP, though to date, it has not made a difference, he seems to be pretty much as sitting on the fence, so to speak. Thanks for that Nystagmite, appreciated. I am not complaining because I did not like the decision as a rule, I am complaining as to how that decision was achieved which was predominately on the assessor completing a full assessment on 2 different illnesses in 14 minutes. Is their an error in law? Maybe the contract between DWP and ATOS has been broken, and the assessor has maybe broken the contract by not providing a service that the DWP expect from ATOS.

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