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    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests). The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased. now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other. Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface. your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got. If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left. Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
    • no local courts can be very slow depending upon case loads.   as long as the org claimform had your correct and current address on it, it's just the above.
    • I've just checked and the status is   "Your claim was transferred to BIRMINGHAM on 14/11/2019"   The last I've heard is the phonemail from mediation. No mail received. Should I be worried about this?
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I finally got the Brown Envelope this morning after 5 and a half months, advising me Ive been put into the WRAG with no Assessment.

 

Onward and upwards to the appeal !!


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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Dose your partner work full time?

I am in same boat as you. most of people who are in WRAG with out medic, have partner working full time

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I finally got the Brown Envelope this morning after 5 and a half months, advising me Ive been put into the WRAG with no Assessment.

 

Onward and upwards to the appeal !!

 

How long have you been placed in WRAG for ?

 

Are you appealing because you may meet one of the Support group descriptors ?

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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OK

No my wife isnt employed as such though she does work............As my carer and is paid as a Carer

 

Been placed for 365 days, looks like

 

I am appealing because I meet several of the Support group descriptors.

It would seem the DM missed the bit about my condition being degenerative.

Bizarre really as I'm also on High Rate care and High rate Mobility


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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Your DLA makes no difference. And it doesn't matter if your condition is degenerative. (unless it's terminal)

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Your DLA makes no difference. And it doesn't matter if your condition is degenerative. (unless it's terminal)

 

Those arent the reasons for my appeal


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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Can sort of see how in certain cases someone on HRM could still be work and be placed in WRAG, but would think it more diffiicult if person also needs high rate care, unless it's a shorter term condition which can improve. Maybe I don't understand the reason for DLA being awarded properly.

 

Did you detail the level of care of you need on the ESA form? They've maybe overlooked somehting on your form or ignored it more likely.

 

good luck with your appeal.

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Thanks Fightingback.

I included a 4 page explanation of my condition, including the fact that it actually started in the 70's yet I battled through and continued working until the early 90's when after spending 3 weeks in bed and then spending a week in Hospital I was told by the Orthopaedic consultant I would never and should never work again.

I also included a long explanation of of a 'Typical day'.

 

I suspect the reasoning for dumping me into the WRAG is that I had little actual medical records.

All the scans etc from the Hospital were destroyed after 10 years (that shocked me) and worse, all my medical records were lost by the Family Practictioner committee when I moved house and doctor back in 2001 and even worse my previous records were destroyed in 1989 when the temporary Doctors surgery burnt down !.

The one saviour at the moment is that I'm too old for them to call me in for the WFI so in effect Ive been swapped from one benefit to another, same money only with ESA I'll probably have to go through this again in the future unless I can get them to put me onto the support group. But as I hit retirement age soon it wont matter much.

 

I'm happy to challenge them, gives me something to do !


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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What you were like 30 years ago is irrelevant. I have very little medical evidence (having being diagnosed with 3 things within the space of 3 weeks last year) and had no problem getting ESA support group.

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What you were like 30 years ago is irrelevant. I have very little medical evidence (having being diagnosed with 3 things within the space of 3 weeks last year) and had no problem getting ESA support group.

 

I'm happy for you.


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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