Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Tribunal hearing coming up next week


Pritti
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4822 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hello

here's your nuisance again. thanks for all the help. with the hearing two days away, i've been in such a state, i can't think straight. first time i was able to pull myself out of bed. my head is zinging and my stomach is doing somersaults. i'm so afraid of flacking out but didn't want to worry my husband, poor thing he works so hard and then he's got me to worry about all the time and he's so nice and kind through it all but can't take more time off. i'm scared, i don't know what to do at the tribunal. i'm just sitting here crying and feeling weird and spaced out. must calm down,

Link to post
Share on other sites

I read about the fact that the doctor will question me about my condition. The state I'm in now already, I don't know what I'll do on the day. Can I write my history on a bit of paper and use that to read from or prompt me?

Link to post
Share on other sites

oh god, i've just read another string. when i was turned down for ib i was told to sign on at the job centre. I dragged myself there every week, even though i was not getting a single penny, because my husband works full time. the reason i went was because i was told it's the only way to protect my pension credits and at 53 i realize how important that is. so for that, will i be punished ie you were fit enough to go to the jobcentre every fortnight, so you're fit enough to work - even though i defaulted several times and had to postpone signing and sometimes wait for my daughter to get here to take me?

Link to post
Share on other sites

Pritti, the most important thing is that you attend the tribunal. If once you get in there you are struggling - well that just lends evidence to the case for the mental health descriptors. Will the doctor be writing about your seizures in his letter? If so that's the battle nearly won, as long as you are very clear about seizure frequency at the time of the medical, then that's most or all of your points already. You've already said the medical report says one seizure every two months - even on that basis you should have been scored 12 points for physical descriptors. Make sure on the statement you've put the true frequency of seizures, and any loss of bladder control - with those two things alone, especially when backed up by a doctor's letter, would mean you score enough points.

 

Don't worry about the JSA issue, I've never known a tribunal to make an issue about it - or even mention it.

 

I know its all very scary, is there anyone apart from your husband going with you?

 

Regarding what to do at the tribunal its really simple. When you arrive give your extra evidence to be passed to the clerk, at our tribunal office there was always a security guard at the door. You will be asked to take a seat and a clerk will normally come and chat to you, explain the process and answer any last minute questions. Before you go in the tribunal members, normally a doctor and a judge will look at your paperwork and evidence you have provided. You'll then be taken into the tribunal room by the clerk and will sit at a large desk opposite the doctor and judge. The judge will start things off and introduce them and often they will explain a few things about the tribunal process. The doctor will then normally ask you questions about your medical history and condition at the time of the medical, the judge may then ask a few questions. At the end you'll be asked if there's anything you want to add. You then will either be told the decision's in the post or be asked to wait in the waiting room while they deliberate. Then you would be called back in for the decision. Tribunal over. Doesn't normally last long 20-40 minutes on average.

 

No, I don't think they would be happy if you were reading from prepared notes in order to answer questions. I think this would affect your credibility. Also it would be better to let them see the difficulties you have. I have had clients who haven't been able to continue half way through, in these cases sometimes the judge will decide based on the submission/statement and other times the tribunal is adjourned for another day. Which can also happen if the tribunal feels it needs more medical evidence.

 

As I said before, the most important thing is to attend. If you have difficulty coping its important the tribunal members see that. And if you don't attend they will rely on the evidence from the medical alone. It is stressful, but I believe you can do it.

 

Lee

Link to post
Share on other sites

Just a question about frequency of seizures. The descriptors talks about one fit per week to secure 6 points but my fits don't occur in such a rigid, regulated fashion! Seziures happen when they happen!! They don't happen 'once a week'! I have around 3-4 seizures per month but those 3 or 4 can happen in the space of a week or spread over 3-4 weeks so do they work on an average or something like that.

 

Epilepsy is not like other disabilities. One minute you're not disabled and the next you're unconscious on the floor with a cut forehead and drenched jeans with recovery taking 4 days at least

 

It is this inherent unpredictability that is most frightening about epilepsy and which ATOS/DWP simply ignore ie you can't plan anything, you lose your driving licence and employers dont want to know you..you are essentially in a hinterland of nowhere

 

I need to know how the tribunal score the frequency of seizures and on what timescales they use if possible

 

good luck with the tribunal

 

thanks

Link to post
Share on other sites

-

LM,

 

I have grand mal seizures around 3x/per month and you state that 2 seizures every 6 months attracts 12 points. Are you sure this is correct?

 

thanks mate

 

SD

 

Only for incapacity benefit, esa rules are stricter.

Link to post
Share on other sites

Just a question about frequency of seizures. The descriptors talks about one fit per week to secure 6 points but my fits don't occur in such a rigid, regulated fashion! Seziures happen when they happen!! They don't happen 'once a week'! I have around 3-4 seizures per month but those 3 or 4 can happen in the space of a week or spread over 3-4 weeks so do they work on an average or something like that.

 

Epilepsy is not like other disabilities. One minute you're not disabled and the next you're unconscious on the floor with a cut forehead and drenched jeans with recovery taking 4 days at least

 

It is this inherent unpredictability that is most frightening about epilepsy and which ATOS/DWP simply ignore ie you can't plan anything, you lose your driving licence and employers dont want to know you..you are essentially in a hinterland of nowhere

 

I need to know how the tribunal score the frequency of seizures and on what timescales they use if possible

 

good luck with the tribunal

 

thanks

 

I think that an argument could be made for taking an average, though I'm not sure whether there's case law about this. An average of once a week could score you 15 points for either esa or incap. You also need to take into account any loss of bladder control as this would also score points.

 

I would suggest keeping a seizure diary from now until your tribunal. This will be a factual record. Include other effects from the seizure - recovery times, injuries, bladder issues etc. It will give the tribunal an idea of the unpredictability of your condition. In your submission suggest an average be taken ie on average one seizure a week due to the irregularity of the seizures. Someone else may come along with a more up to date knowledge of caselaw on the averaging issue.

 

10. Continence

 

A Continence other than enuresis (bed wetting) where the claimant does not have an artificial stoma or urinary collecting device

i Has no voluntary control over the evacuation of the bowel 15

ii Has no voluntary control over the voiding of the bladder 15

iii At least once a month loses control of bowels so that the claimant cannot control the full evacuation of the bowel 15

iv At least once a week, loses control of bladder so that the claimant cannot control the full voiding of the bladder 15

v Occasionally loses control of bowels so that the claimant cannot control the full evacuation of the bowel 9

vi At least once a month loses control of bladder so that the claimant cannot control the full voiding of the bladder 6

vii Risks losing control of bowels or bladder so that the claimant cannot control the full evacuation of the bowel or the full voiding of the bladder if not able to reach a toilet quickly 6

viii None of the above apply 0

 

11. Remaining conscious during waking moments

A At least once a week, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration 15

B At least once a month, has an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration 9

C At least twice in the six months immediately preceding the assessment, has had an involuntary episode of lost or altered consciousness, resulting in significantly disrupted awareness or concentration 6

D None of the above apply 0

Edited by leemack
Link to post
Share on other sites

oh god, i've just read another string. when i was turned down for ib i was told to sign on at the job centre. I dragged myself there every week, even though i was not getting a single penny, because my husband works full time. the reason i went was because i was told it's the only way to protect my pension credits and at 53 i realize how important that is. so for that, will i be punished ie you were fit enough to go to the jobcentre every fortnight, so you're fit enough to work - even though i defaulted several times and had to postpone signing and sometimes wait for my daughter to get here to take me?

 

Signing on won't go against you. Many people (including myself) claim JSA; but have restrictions on hours worked per week due to disabilities.

Link to post
Share on other sites

HB, Leemack and all the others out there who have helped me. I have to tell you the good news right away. After a sleepless night and a morning of chewing my nails, having a bad spell and what not, and finally getting ready to dress, panicking about my daughter being delayed because of exams - the tribunal chair just called to say that after the statement I sent it (the long one which you, HB were so kind to check through and comment on for me in great detail, you honey, you) on Monday, they had a look and found that, whilst they won't give me all the points I asked for, they can decide purely on the papers, and are giving me 15 points, in addition to the 6 I was originally awarded. There is therefore no need for me to attend. Can you believe it? My head is zinging again. Wonder if I remembered to take the tabs today. Must have, it's part of my routine. Oh, there are good people in the world still, most importantly, on this website.

Thank you, thank you.

Pritti

Link to post
Share on other sites

Pritti

 

Congrats on that, hope it all works out for you.

 

I have my ESA tribunal in 6 weeks and was wondering what type or report did you submit to the tribunal board before you were supposed to attend? I have epilepsy and I think it would help if I submitted a report as well to support my case. Any chance if you give me a few pointers ie how you constructed the report, what you included etc? Would appreciate it. Just a few lines to give me direction

 

Many thanks and good luck

 

SD

Link to post
Share on other sites

Hi SD

I had typed up a blow by blow account of my condition, but then came across HB's template last week when I joined the forum. I then super-imposed my actual situation into the template. I also had advice from various people on this thread as to how to lay it out so that I addressed each descriptor and I ended up challenging almost every single thing the doctor had said, ignored, etc. That was how I added up my points. The chair of the tribunal who spoke to me on the phone actually made mention of the points I'd asked for and what they were going to award and she was very reassuring.

I would advise you to use the template, and I have no qualms about your using the statement I made as a guide, which should be on this thread. Also on this thread is the amendments to the statement suggested by HB and most of which I used. If you can't for some reason find it, contact me again and I will post the revised statement on here as a guide for you.

Best

Pritti.

Link to post
Share on other sites

LM

I went into the med examination cold, with all my honesty hanging out and seeking to please the doctor, and present myself in as good a light as possible ie well, intelligent, willing to try, a nice person really, - and then he shafted me for trying to put my best foot forward. We all learn by our mistakes. Mine was not to go online and find this forum before I went for my medical. Well, we're all fools sometimes.

thanks for the help and support

Pritti:-)

Link to post
Share on other sites

pritti

 

That's excellent. I now know what to do. I secured 15 points on my first medical for my epilepsy and then zero on second even though my condition actually worsened. That cannot be right.

 

Anyway congrats and thanks for the advice which I intend to follow

 

SD

Link to post
Share on other sites

Just received (wow, the mail still works!!) the tribunal decision. They must have taken it before yesterday, surely! Nobody's that fast.

 

They awarded me 5 points for the long catalogue of mental health problems ie anxiety, stress, depression, inability to deal with people irrational fear of going out when I'm in or in when I'm out, opening cupboards and the rest - and therefore reduced it to nil.

 

They gave me 15 for epilepsy, which counts as physical, and, added to my original 6 for musculo-skeletal probs, this gave me 21.

 

I am therefore, according to the DWP and Tribunal, if not according to my doctors and shrinks, perfectly mentally healthy and free to roam the streets freaking out, be obnoxious to my family, hide in the dark, talk to myself, rant and rave for no reason, etc etc - which is all normal. God save the general public, let alone my nearest and dearest

 

Once the musculo-skeletal probs are over, I am also, apparently perfectly fit to go out and run marathons, climb mountains and swim oceans.

 

ie Physically, aside from my undeniable epilepsy, and mentally, despite my clear craziness, I am just a skiver.

 

Well, whatever burns their wick - at least epileptics are OK - for now. I shouldn't complain. The reason I am on here telling it all, is so that all of you on this thread who have helped me so much, know the score.

 

SD - go with the epilepsy and do it in great detail. It's your only chance.

 

Best

Pritti.

Link to post
Share on other sites

Sorry don't mean to moan, when I should be dancing. This is part of depression - half empty, not half full. Truly, I am pleased or will be, when I reason with myself.

Pritti

Link to post
Share on other sites

Pritti, please come back here whenever you need a pep talk. In your place, I would be trying to concentrate on the fact of having months of peace. Is it that you have nothing to worry about now and there's a bit of a void? I know how it can be.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Just received (wow, the mail still works!!) the tribunal decision. They must have taken it before yesterday, surely! Nobody's that fast.

 

They awarded me 5 points for the long catalogue of mental health problems ie anxiety, stress, depression, inability to deal with people irrational fear of going out when I'm in or in when I'm out, opening cupboards and the rest - and therefore reduced it to nil.

 

They gave me 15 for epilepsy, which counts as physical, and, added to my original 6 for musculo-skeletal probs, this gave me 21.

 

I am therefore, according to the DWP and Tribunal, if not according to my doctors and shrinks, perfectly mentally healthy and free to roam the streets freaking out, be obnoxious to my family, hide in the dark, talk to myself, rant and rave for no reason, etc etc - which is all normal. God save the general public, let alone my nearest and dearest

 

Once the musculo-skeletal probs are over, I am also, apparently perfectly fit to go out and run marathons, climb mountains and swim oceans.

 

ie Physically, aside from my undeniable epilepsy, and mentally, despite my clear craziness, I am just a skiver.

 

Well, whatever burns their wick - at least epileptics are OK - for now. I shouldn't complain. The reason I am on here telling it all, is so that all of you on this thread who have helped me so much, know the score.

 

SD - go with the epilepsy and do it in great detail. It's your only chance.

 

Best

Pritti.

 

Hi Pritti, I think you're interpreting this wrong, they are not saying your mental health is fine.

 

Basically they looked at the paperwork you had sent them and decided on the basis of that ALONE, that they could award you you the points they did, and therefore you did not need to attend the medical. But this does not mean that you wouldn't have been awarded more points if you had attended. With mental health problems in particular the tribunal like to ask lots of questions about what your daily life is like and how you cope before they award the points, they probably thought that they needed to see you in order to ascertain whether the other points were merited.

 

But as you only need to score at least 15 points, they probably felt there was little point wasting your time and stressing you out in order to give you a few more points. I've seen this a few times in tribunals where my client has broken down in the middle, and the tribunal make a decision based on the information they have to that point because enough points have already been scored, and to save my client further stress. Doesn't mean the client wasn't fulfilling the criteria for the other points he didn't score, but there was no need to carry on just to have them written on a piece of paper, as long as they pass, anything more serves no purpose.

 

So you can see the points they give you in a paper decision has no bearing on what your full issues are, as they are only looking at part of the picture - so please don't feel down about it.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...