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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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Perhaps the 'not qualified' bit is that the assessor is a healthcare professional (dr, nurse or physio are favourite role fillers) but is not specifically qualified in mental health care/conditions.

 

Feebee_71

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Have you gone through the descriptors and written down how you fulfill them, giving evidence from daily life (points 2 and 3 in my previous post)- this the most important thing and is the backbone of your case. You can have letters of evidence saying you're unfit, and state what you think was wrong with the atos assessment, BUT, unless you show that you meet the criteria (and putting the case in writing is best) then your appeal will fail.

 

hi estellyn,

yes i went through everything and listed also my disagreements..

i feel i gain 15 points on one and 6 on another...

can i continue to send evidence after i send tribunal acceptance form? or must the evidence accompany it?

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hi estellyn,

yes i went through everything and listed also my disagreements..

i feel i gain 15 points on one and 6 on another...

can i continue to send evidence after i send tribunal acceptance form? or must the evidence accompany it?

 

You can continue to send evidence - they like to get it at least 4 weeks before the hearing, but will normally even accept evidence on the day.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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can i ask... how do i go about requesting the 2 year break in being called for another atos grilling?

 

Er, you can't request a 'break'. What you can do is give information in your submission about your prognosis and hope that the Tribunal recommend you don't be assessed for a while - but be aware, even if the Tribunal do recommend a period before reassessment, the DWP and ATOS do not need to follow it - it is only a recommendation and has no weight in law.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I think it is the tribunal doctor who suggests a period of time...i.e. 2 yrs before next review...but the dwp don't have to do that its their choice, they stuck with it in my case but its not set in stone and I don't think you can request it.

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hi folks,

this is n update...

i had a visit (first time) from a care coordinator

i was quite disturbed by the initial chat...she suggested to me j.s.a if i cant worksad.gif.

i was very distressed by that and said; but i'm not well.. if i go down that line i am saying that i'm ready for work!

 

it seems to me she hadn't done a lot of research, my confidence is not good ..regarding her...but later she said that she would go to the tribunal with me ..if she can...she is away now for 2 weeks before i see her next...i did ask her (on the phone before i met her) if she would get the psychiatrist to write me a letter of support...?

She replied that it wasn't in his "remit".sad.gif

However... i have been talking to welfare rights(who will represent me also at tribunal)and she said it IS in his remit.

also i had a good letter from a psychiatrist i saw only once...any comments please. i dont want to ruin things with not getting correct support.

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re; atos,

i saw online that one guy went to one of their interviews.. and refused to continue but had his claim upheld..

what would happen if a person just refused to speak? or say went in there agressivly..? wrecked their desk... as they wreck lives? any idea?

they said i "didnt present a threat to the work place".

if i were to get angry with atos... then what?

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upon reading some posts here.. i am given to understand that the tribunal for esa... can only recommend to the dwp what to do...is this correct?

I am getting the picture that despite winning on appeal ,some people are still begging for their money..

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upon reading some posts here.. i am given to understand that the tribunal for esa... can only recommend to the dwp what to do...is this correct?

I am getting the picture that despite winning on appeal ,some people are still begging for their money..

 

No, the Tribunal decision regarding points awarded IS law. The recommendation regarding reassessment time period is only a recommendation though.

 

The DWP can choose to challenge any benefit decision by a first tier tribunal, and take it to the upper tribunal - this is very rarely done. In hundreds of appeals I repped, though the dwp/LA often threatened to take things further, they never took a single case to upper Tribunal. If they are thinking about it, payment can be held up until they receive the statement of reasons and then decide not to go to upper tribunal after all - but even that is relatively rare. In the rare case of them actually taking the matter to UT, yes, no payment will be made until the UT decision is made.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hello there.

 

I've merged your new thread with the old one as it's about the same topic. We've asked you before not to start a new thread every time you have a question, please continue to post on this one.

 

As regards your post #59, I hope the guys will know, but I would say that playing games won't necessarily help you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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re; atos,

i saw online that one guy went to one of their interviews.. and refused to continue but had his claim upheld..

what would happen if a person just refused to speak? or say went in there agressivly..? wrecked their desk... as they wreck lives? any idea?

they said i "didnt present a threat to the work place".

if i were to get angry with atos... then what?

 

I'm pretty sure this site would not condone any plans to go in there and be deliberately aggressive - I certainly don't! And suggesting things like that just makes things harder for those with mental health issues who genuinely suffer with uncontrolled anger issues.

 

And if you refused to speak, you'd just get failed.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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thanks estylln,

you represent people? what is la?

 

I used to work helping people with their appeals before I became too ill to work.

 

LA is Local Authority who deal with housing and council tax benefits (or council tax reduction now).

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I'm pretty sure this site would not condone any plans to go in there and be deliberately aggressive - I certainly don't! And suggesting things like that just makes things harder for those with mental health issues who genuinely suffer with uncontrolled anger issues.

 

And if you refused to speak, you'd just get failed.

 

 

but i am not normaly agressive , only this awful system is making me think of anything to survive.

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but i am not normaly agressive , only this awful system is making me think of anything to survive.

 

Yes, but don't you see that planning to be aggressive and cause damage is actually a criminal act?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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ok, but its criminal what atos is getting away with and its puppeteers.

 

There are other ways to deal with it than planning a criminal act though, OK?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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If you are planning to commit assault, vandalism, criminal damage or any other crime, please don't post about it here.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Fair enough, and be assured that people here do understand the frustration and distress. We just need to be careful what we say.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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she suggested to me j.s.a if i cant work

 

This makes no sense at all. You can only claim JSA if you can work. Some people are turned down for JSA on the basis that they're too ill to work.

 

Whilst a disability itself doesn't exclude you from JSA, not being able to meet the conditions of claiming will do.

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Some people are turned down for JSA on the basis that they're too ill to work.

 

Whilst a disability itself doesn't exclude you from JSA, not being able to meet the conditions of claiming will do.

 

exactly,

i said that to her... as she sat here in my living room... i said... but that means that i am saying that i am available to work and i'm not well..... i was close to tears...because i know that too, that i may fail even jsa test... i'm worried because this" care coordinator"... i feel, should already know this:-(

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Fair enough, and be assured that people here do understand the frustration and distress. We just need to be careful what we say.

 

sorry about that, yes i know...i'm a tad irrational at present... with the pressure.

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