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    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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failed atos medical


arya
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hi ruby...

yes indeed they are not intouch with reality i suppose they dont really have to be ...with the money they make from our misery.... they can cushion themselves..

my dog agitates my problems but i would feel even more robinson crusoe without him.

atos also asked me how i bought food and i said online with tesco, which is true.... and that person used that against me too... stating that i can start and finish a task... but in the house i cant finish much... so i need to be gaga i thinkk before they takke me seriously... they maintain that they dont makke the decision about your benefits... yet they usualy always fail people and then the report goes to dwp ,who concur and state... "we agree" hey presto, your benefit stops.... so its a mere technicality or juggling of words... which incidentaly they excell at.

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I have a dog too....a cocker spaniel, she is like full on 24/7, hyperactive is the word for sure. My daughter walks her most days and feeds her when she is here helping me. She is a very good house dog and anyone knocking on my door sets her off big time, which helps with my anxiety at night, and the reason my family bought her for me. Its just typical of their determination to use anything possible to find you fit for work because you have a dog....sometimes I think these people are less in touch with reality than I was when I was in meltdown!!!!

 

I had a Golden Cocker Retriever when I was a kid we were an inseparable couple. If got into trouble at home I used to hide in our coal bunker and the dog would hide with me, she used to emerge in a right state, as did I. God I still miss that dog 50 years down the line.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I`m envious of you all. My dog is a rescue whippet/terrier cross and I was so relieved when my previous neighbour said she would take him. I could not bear it if he had to go back to the shelter that would have meant I had failed him.

I think that is why I am so jumpy now, having a dog makes you feel safer.

I first claimed esa mid January so am only used to the lower rate. My medical was on 3rd april. the decision to stop it because of 0 points was made on the 8th of may which is when I received my finale payment. I am waiting to find out if I can appeal that decision with DWP.

My atos person used the fact that I had recently moved to mean "I could cope with small unexpected changes" and the fact I spoke to her meant " I could deal with strangers".

How are you supposed to deal with these people if you don`t talk. I cant remember saying much at all except for possibly nodding or shrugging to which she prompted me to into saying "yes"

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its awful they punish you for moving house which is stressful enough.... but you had no choice... i would advise never go there alone again... get someone from welfare support or any help organisation to be with you.... if anything i have found this a learning curve...i have decided that they must come to my house in future... maybe i'll tape it... ok maybe they will say against the law... but i want to use it only to be sure what was said... and can be done secretly...(speaking for myself) not trying to encourage you to break laws... stupid though they are... but with atos, least said the better... always have a person to support you...whatever they said in the report you now have to discredit... make notes on everything they said and disagree with it and say why.... get medical support too... build up your case.

you should be entitled to esa assessment rate... i think.... thats what i'm on... once you appeal you should get it

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Will try and do everything that has been advised. Tried to get through to CAB today but line is always busy. I have another CBT session on wed so will ask her advice and hope she will give me some written support. Try CAB again tomorrow.

Had enough now...my brain is mush....I need to calm myself or I wont sleep tonight....meds here I come.

Bye for now:???:

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:arya:

 

The campaign on Black Triangle's site is about getting a doctor's support to argue that;

 

Either, the claimant's suffering from a life threatening disease that can't be controlled by treatment.

 

Or, being found fit for work/work related activity would incur substantial risk, that can't be controlled by medication, to the health of the claimant or someone else.

 

Margaret.

Edited by **Margaret**
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This is truly a nightmare. Endless forms to fill out which mostly duplicate what you have already done. Endless phone calls to make just to tell them what you told them yesterday. Just spent 20 mins on hold with DWP only to be told that their computers are down and to ring back later. "how much later" I say, "oh in about an hour or so, you will just have to keep trying if its important or leave it till tomorrow" he says. It takes me long enough to have the courage just to dial the number. When I get a negative response it puts me off trying again. I need to know if they have received my sick note and the GL24.

Housing benefit have been very quick off the mark to cancel all their benefit but have also sent me a form to fill in so I can tell them I don`t have any other income now... hopefully they will re-instate payments as soon as they see I haven`t had any money since 8th may.... Sorry for waffling on...Have to try and get things straight in my head.

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don't apologise...that's what we are here for, to support each other and listen. I was in such a state some times on the phone to the dwp, literally a stuttering wreck, I couldn't speak for crying and stuttering at times, it was a nightmare, but I kept on, thanks to support from my daughter and advice and support here. good luck with the next bit....hugs x

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My atos person used the fact that I had recently moved to mean "I could cope with small unexpected changes"

 

I don't get this. Many people who move plan months in advance that they're going to move and where to. It's not as if you got up one day, looked at a house and moved in later that day.

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Thanks for the support all of you...xx. Had to go to my counselling session, which as you can imagine did not go so well, I was in a right state when I got there, in fact I`m surprised and so was she that I made it. I don`t like it when she praises me and says how well I did to do this or that, it makes me feel like a school girl instead of a 50 odd year old grandma. I do get something from the sessions though and I am just getting comfortable talking to her, its a shame it will all end after another 2.

Will have to continue with the phone calls etc tomorrow, a daunting prospect but necessary.

My counsellor is getting someone to ring me to help with this appeal and all its mind boggling paper work. Hope its soon.

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the thing i find most unforgivable is the length of time we wait for all these procedures...it is the most stressful part, i thinkk if we could go faster then we kknow what we are dealing with and move on..i got drunk today on white wine... well i fell asleep... drink doesnt do it for me.... i havent touched drink in months.... but i get so depressed

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Hi cuchiandme..... coincidence or what...I was listening to "bye bye baby" this afternoon. If I go out alone, which is not that often, I wear my earphones. It helps me to think that I wont be noticed, mostly that people will feel they cant talk to me cause I wont hear them. Little do they know that quite often I`m not listening to anything, except I was today, and it was bay city rollers as well as lots of other music from 60`s & 70`s. I liked their songs but I didn`t go all out with the tartan etc.

Sometimes I think I might start smoking again, I think about it often, but deep down I know it wont really help, in fact it would be really stupid as I don't have any money.... and there`s always the health risk, not that that worries me. Sending you big hugs xx

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lol i tend to be a bit psychic... yes good idea about earphones... i swallow and get nervous if i.m out and someone is walking towards me...and i live in the country... i love it if i can get out with no one around...60s and 70s music is far superior to now...hope your day was not as bad as mine:madgrin:

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in bed hands over my face , bit tearful, as i thinkk another year out of my life on this ...i could be waiting a year on this tribunal... got papers through post yesterday to fill in from the welfare rights... who will go tribunal with me........... never go alone to any of this stuff i have learned.

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Sometimes I think I might start smoking again,

 

my parents smoked, but i never did.... i guess i inhaled enough of theirs through my childhood... had very bad cough up until about 10 year ago.... when i was around 10 had it very bad ...i would be doubled over coughing like whooping cough... my mother would just say..."he;s got that hard cough again"... now i dont get it or flu this 7 years

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Hi cuchiandme. Do you feel better today? It must be nice living in the country. I have had several holidays in the country side, great for dog walking, wish I lived in the country, always wanted to. Got a phone call from a welfare lady that my counsellor got for me, she is coming to my flat next week to help me with the appeal, you know, to go over the atos medical report. She said she can write a letter for me too, supporting my case, about my condition. I must say it takes some of the pressure off. I hope someone can go with me too. All I want right now is to have my esa re-instated. Ran out of coffee today, now I`ll have caffeine withdrawals....I drink a lot of coffee.

Don`t you have anyone to talk to, did you ever see a counsellor or such like, no family at all? Don`t mean to pry

Do you listen to music, what do you like?

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Spoke to a very understanding lady from housing benefit yesterday. Benefit is put on hold until they hear about my appeal, wish they would hurry up and make their decision, have rang every day and now its bank holiday weekend so can`t do anything for 3 days.

My daughter did me some shopping on line and had it delivered to my house.......got my precious coffee again thank god and thank my daughter too, I was climbing the walls without my caffeine. Hate having to rely on her for things but I`m totally skint.

Wish she lived closer.

Waiting for Tuesday, *** the bank holiday.

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Just thought I would give an update on my appeal progress so far. My counsellor arranged for someone to come to my flat, she works for NHS specialist therapy services. She went through all the medical report with me and we identified were I should have been given points.

She is going to write it all on my behalf and send it in, I think for dwp to make a decision or whatever, I`m a bit lost with all the lingo and who does what etc. Very pleased to have someone who knows what they are doing. My esa will be reinstated at lower rate on Monday so I`m thankful for that.

Housing benefit should follow as soon as I have proof of esa to send them.

Have to play the waiting game now. Very hard to do as I feel like something will go wrong at any moment. I would love to have an update every day at least, but I know that's not going to happen.

Its the reassurance thing, its awful not knowing what is happening.

 

Thanks for all your support and guidance xx

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