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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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Already in esa support group and cancer dignosis


wiseajak
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Hi wiseajak

 

It might be a good idea to get the evidence in support of your ESA claim now so you can send it off with the ESA50 form (Questionnaire).

 

Well if i do lose it i will appeal my doctor my social worker and my consultants all say im not fit to work

 

Im his main carer wat is reduced conditionality mean?

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Update! My doctor has agreed to provide me with a letter of support I didn't think he would agree to but so seeing as its me hed do that no problem also I'm getting a letter of support from my social worker and hopefully should be available to move the next few days have to send along with the esa50 so slight bit of relief there.

 

In regards to having my assessment recorded will that delay it slightly do you think as I was planning on going to England to see my family at the end of the month haven't seen them in 2 years.

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Well Done wiseajak on the doctors letter/social worker letter. On the ESA50 there should a question regarding your dates that you will be unavailable for an assessment. Again you will need to answer that question carefully. I thing once you send the ESA50 it will take some time to arrange an assessment.

 

Update! My doctor has agreed to provide me with a letter of support I didn't think he would agree to but so seeing as its me hed do that no problem also I'm getting a letter of support from my social worker and hopefully should be available to move the next few days have to send along with the esa50 so slight bit of relief there.

 

In regards to having my assessment recorded will that delay it slightly do you think as I was planning on going to England to see my family at the end of the month haven't seen them in 2 years.

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Well im hoping on going to England wither at the end if april or mid may. Earliest as poss. As i fear if the worst happens i cant go :(

 

Was also thinking of putting in a note that says

 

I require any face to fave assessments recorded, to prevent discrepancies and to ensure accuracy in the event of any appeal being needed.

Good idea or not?

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Don't bother putting a note in. When you get a date, ring them straight away requesting a Recorded Assessment.

 

Well im hoping on going to England wither at the end if april or mid may. Earliest as poss. As i fear if the worst happens i cant go :(

 

Was also thinking of putting in a note that says

 

I require any face to fave assessments recorded, to prevent discrepancies and to ensure accuracy in the event of any appeal being needed.

Good idea or not?

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They will write giving you a date for your Recorded Assessment. Apparently it will be with a Doctor who has been trained in doing Recorded Assessments, it's beyond belief.

 

Ok, what will happen then? Sorry bout all the questions but this has set of my anxiety and im terrified .
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A doctor? Pfft!

 

They didnt even complete my last assesment, they asked me a bunch or irrelevent questions, and that esa 50 is a joke, can i press a button? And if i can does that make me fit to work?

 

Last time they didnt even examine me just said, we think youve got enough to deal with ( being pregnant and a looming cancer diagnosis, confirmed a month later)

 

And she sent me home, in hindsight i hope i het her again.

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Hopefully, your more confident in dealing with the ESA50. You've got the doctor and social worker onboard.

 

A doctor? Pfft!

 

They didnt even complete my last assesment, they asked me a bunch or irrelevent questions, and that esa 50 is a joke, can i press a button? And if i can does that make me fit to work?

 

Last time they didnt even examine me just said, we think youve got enough to deal with ( being pregnant and a looming cancer diagnosis, confirmed a month later)

 

And she sent me home, in hindsight i hope i het her again.

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This is probably going to sound dumb.

 

If got my doctors letter I'm just waiting for my social workers one which she said was posted yesterday. Anyway my deadline is 30th April wen do u recommend posting it bak as Iv booked the ferry to go to England on 6th may. And Iv stated this on the form in the part which says any dates in next 3months I'm unavailable.

 

Now once of sent it back they don't stop paying me do they?

 

If I posted it back by recorded sign for on the 20th would they try and get me seen before I was to go to England or is that not enough time if u can see what I'm getting at.

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:wiseajak:

 

Should Atos decide you need a face to face assessment it's unlikely they'll arrange it before 6 May, especially if you don't post the ESA50 back until say 25 April. :-) And so long as you give them the dates you're not available (keep a copy of your ESA50) it doesn't matter anyway, cos you'll have good cause to rearrange without it being considered the one rearranged appointment that all claimants are allowed.

 

Audio recorded by Atos work capability assessments aren't available in Ireland. Unfairly, you're still stuck with arranging a professional recording at your own expense.

 

Clarification of #7 is that the main carer of a young child can negotiate a jobseekers agreement with reduced availability for work, and more notice for interviews and work related activity.

 

Hope you enjoy your holiday in England. Is your little boy going to get spoilt rotten by his grandparents, cousins, etcetera? :biggrin:

 

Margaret.

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Thank u Margaret. Yes he will be spoilt rotten

 

I didn't know they were not available.

I shall be posting my esa50 back on the 22nd after easter break by recorded sign for because of the info in there.

 

Im due a payment on the 6th, il still get that wont i ?!

 

Im desperate to see my family as i haven't seen them in 2 years .

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:wiseajak:

Payments of employment n support with the support component will continue at least until there's a new decision from Social Security about your capability for work/work related activity following your Atos assessment.

You don't need their permission to see your family, but technically you should notify Social Security when you're going to be away from your home address. Might be a good idea for this trip, in case of appointment mix ups from Atos.

Margaret.

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Sorry im panicking im terrified for me and my wee boy, im so scared that il not be able to buy him food :(

 

Life doesn't feel worth living its so hard, if it wasn't for my son, i dont know if i could go on living. ;( im so down my anxiety is killing me. Il ring them once iv posted my esa50 back and provide them with my address im staying at.

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We'll Iv just recieved my letter of support from my social worker :)

 

Just need to get that copied. Iv put them in the envelope with the ESA50 and wrote a note with my NI number on re stating the dates I'm away and the address il be at, plus il send another copy of that the day before I go as really madwoman suggested.

I hope that all sounds in order. I really wish my anxiety would go away. Once I'm in the car on the ferry il feel a lot better. Sorry if Iv rambled I appreciate everyone's input and il keep this thread updated on my progress. Is their anything else I need to do or am I on track?!

 

Thanks again

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:wiseajak:

Payments of employment n support with the support component will continue at least until there's a new decision from Social Security about your capability for work/work related activity following your Atos assessment.

You don't need their permission to see your family, but technically you should notify Social Security when you're going to be away from your home address. Might be a good idea for this trip, in case of appointment mix ups from Atos.

Margaret.

 

Im really confused about sending this esa50 back im scared that if i send it too late in this month but before the deadline (i.e. 17th april) that there'll be some mix up and a claim of we didn't get it. As its easter etc.

But then I'm scared if i send it to early they'll try and asses me before my trip to see my family. And that they money im due on the 6th may wont be their

 

 

Im in such a pickle

 

Margaret help!!!

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