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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA descriptor in plan english


karen68
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Hi all.

 

I'm in the process of putting together a case for the tribunal. My son's case was turned down over a year ago now and we've had this hanging over us since then.

 

Looking back over the so called 'medical' my son put on a brave face and answered the questions asked.

 

0 points award once we received the desission. It was only then that we realised how the answers he had given had been used to assume so much more.

 

This time we are going to be prepared. I have downloaded honeybee's draft letter, son's off to theripist for a letter and we have a letter of diagnosis from his phychaitrist.

 

Tomorow we sit down and rip apart the descriptors, not such an easy task as the wording is very confussing. Can anyone help with a plain english translation? especially 16. Initiating and sustaining personal action??????

 

Any help or suggestions would be much appriciated.

 

Thanx Karen

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[quote=karen68;3399074

Tomorow we sit down and rip apart the descriptors, not such an easy task as the wording is very confussing. Can anyone help with a plain english translation? especially 16. Initiating and sustaining personal action??????

 

Any help or suggestions would be much appriciated.

 

Thanx Karen

 

Hi Karen, this descriptor is about ability to do a task, start a task or keep doing a task with or without prompting from someone else and how much prompting is required.

 

So for an example, getting dressed. Does the person get dressed at all without someone prompting - do they even plan to get dressed if no one encourages them. Do they just need some encouragement to get dressed, or do they need frequent prompting throughout the task, or continual prompting, or do they basically need someone to dress them.

 

I believe its about tasks of daily living like washing, dressing, eating, cooking etc, not about whether the person can plan and carry out something complex. You also would need to explain what cognitive or mood disorder causes difficulties in this area - for instance learning difficulties, depression, even adhd.

 

Hope that helps. Others may have more to add, I had to be quick F1 just about to start.

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Lee - using your example of getting dressed, is it just take nightwear off and put clothes on? or would it be picking out suitable clothing too? (clean, matching, suitable for the weather, etc)

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Planning is also included in that, so yes, but only if the inability or need of prompting or help is due to cognitive or mood issues - not due to physical issues.

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Thank you for explaining this for me. In my sons case he is seriously depressed and suffers with severe anxiety. He requires constant 'nagging' from me to do simple tasks such as dressing, as left to his own devises he coulnd't be 'bothered'. As he is very socially withdrawn and does not go out, it would normal for him to go days without be bothered to get dressed as there is no point.

 

We have spent the afternoon going through the medical asssesment and try to counter argue the atos views. Not so simple when the assesment was over a year ago. some of the observations seem to be made by asumption as we can not remember being asked specific questions regarding the desciptor.

Do we need to discredit their view or is it sufficient to give a reason and example why we thing his conditon does apply to the descriptor?

 

Once we have typed up his letter I will post it on here and would be greatful for anyone to give their views on it.

 

Thanks again for you input

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