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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Tribunal 'partial victory' placed in WRAG.


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I'm feeling decidedly chipper at the moment, so am going to go out for a drink or two...

 

Next weeks interrogation can wait.....

I may or may not fill in the ESA50 they sent me and take it with me, or I may just take the shed load of medical notes I've acquired over the last three years

to finally get me into the SG...

 

There is nothing new to add, apart from a broken leg done crossing the road, a fight on a train throwing two kids off, and having therapy

through combat stress......all in all no improvement since my TBI in 2005......

 

Thank you for all your help, everyone, no doubt I will be opening a new thread in a few weeks when I score zero points, again!, and have another three year fight on my hands, at least this time round, i have a new MP who claims to support veterans.....we'll see! :thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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at least you'll have the back pay to be a bit of a cushion if they chuck you back in wrag again.

 

Yes that's what I was thinking, although I do have utility bills which need paying off due to the lack of income!

And no doubt the LA will want all their HB paid back?!?!?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Arrears payments of benefits aren't taking into account when calculating hb, so you're fine with that.

 

Are you serious?

Because my LA is currently docking £10 a week of my HB entitlement due to arrears at the beginning of this farce!!

 

Please tell me I can tackle the LA over this, I can start a new thread!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Are you serious?

Because my LA is currently docking £10 a week of my HB entitlement due to arrears at the beginning of this farce!!

 

Please tell me I can tackle the LA over this, I can start a new thread!

 

Yes. Arrears are disregarded in full for 52 weeks.

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Yes. Arrears are disregarded in full for 52 weeks.

 

Oh dear! Dear oh dear oh dear!!

Standby PCC, brace yourselves!!

 

Here's my new thread, http://www.consumeractiongroup.co.uk/forum/showthread.php?446289-LA-amp-HB-overpayment-due-to-ESA-woes!-Legal-Possibly-not!&p=4738439#post4738439

 

Would love your advice Nystagmite

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just as an update in case anyone else goes through similar...

 

As I was placed in the SG (albeit 20 months later after the failed WCA) then the appointment I have next week (another WCA)

is null & void.

 

Even though I was given a 12 month prognosis, this was when I was placed in the WRAG, which was back dated ten months meaning I had 8 weeks till the end of my prognosis, the new WCA next Friday is to see if I remain in the WRAG, even though I wouldn't receive any state assistance (benefit).

 

I have informed them that I will not be attending next weeks assessment as I am waiting for a decision notice, along with a new 'prognosis' before I attend any further assessments.

 

That in itself was a palava!

 

ESA were trying to tell me to ring up the assessment centre and cancel it?

Told them that it can't come from me it has to come direct from them/DWP as it is them who tell the interrogation centres when the victims need to be farmed in.

 

Anyhow, all in all a three year fight which has left me truly exhausted, the day I got the directions notice from HMCTS all I wanted to do was sleep!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry to tell you this, but you should still attend the wca. You risk your benefit being stopped if you don't attend and would probably be due for reassessment anyway even if you had been initially put in support group. Waiting for a decision notice on an appeal isn't good cause not to attend.

 

I understand that after the long fight, you don't want to be put in the position of having to fight again - but my concern for you is that if you don't attend you will have a completely different (and in fact harder) fight on your hands.

 

It is of course up to you.

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

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Right OK.....

 

How I was told by the ESA hotline, that as the appeal has found in my favour, that all decisions made by ATOS, JCP DM, are now struck out, they don't exist.

 

And I should now wait for the decision notice with a new prognosis, and then any subsequent assessments I should attend...

 

However it wouldn't surprise me in the slightest if that was a pack of lies!

 

I'll have to double check the phone recording, but knowing this shower, you are quite correct, belt & braces approach, I will turn up on the day I think.....

 

Unless I get anything in the post prior telling me different, I really couldn't go through another three years, or more, of bureaucratic political cr@p, I'd top myself!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you have the recording saying you don't have to go the wca - in those words then maybe it would be OK..........but, if it were me I'd request a call back from a decision maker as phone monkeys actually know very little.

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

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Cheers will double check the recording, however if I don't receive anything in writing, I think I will just attend anyway.....don't want to give them any excuses.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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well yes, even if you have the higher ground with the recording, you'd still have a fight on your hands to get benefit reinstated....and then you'd probably still have to go to a wca.

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

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  • 2 weeks later...

As it turns out, and true to form, they cancelled the WCA the evening before!

 

Stating that the Dr was 'ill'......ah bless, hope it's nothing too trivial.

 

The sheer arrogance of this corrupt department is truly staggering!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

RX'd (Received)a letter from the JCP regarding wanting my pension details because they believe it will be increasing soon, it isn't, it increases in April the start of the financial year, anyhow.........

 

Got through to one of their call centres, did the usual DPA checks and proceeded with asking why they wanted it as it went up in Apr and won't rise again until next April..

 

''That's fine sir, if you just send a letter in stating that it'll be fine, it's just some pensions rise in August as well''

 

I then asked him why I'd not received a response to my three letters asking them to provide me with a breakdown of how exactly the contribution based ESA has been made up, and what they have deducted and why.

 

He tells me he can tell me over the phone how it has been made up etc etc, I tell him I want it in writing, so I have evidence, and can provide it to the LA etc. This falls on deaf ears, again, and by now my blood pressure is increasing...

 

I then discuss how the DWP haven't had my pension statement for the last three years, since they stopped my ESA after the WCA farce, blah blah blah, and that since they have accepted I am unfit for work, they have simply rubber stamped a figure out of fresh air, with no breakdown as to how they arrived at that figure.

 

Then the condescending arrogant little oik, turns it round and blames me for them not providing the info, with a flippant remark, that ''if you sent in the information we have asked for then we can respond to your letters?????????????????????''

 

I simply told him it's a two way street, respond to my letters and I'll respond to theirs.

 

By now he was as annoyed as me just going round in circles, but I think I had the upper hand, told him to have a good weekend, before ending the call.

 

I'm going to have to transcript the call and send it to my local MP, not that she cares, nor responds to my previous letters, I see a distinct correlation between the DWP and my new Tory MP....

 

Anyhow, I just wanted to vent, and praise truecall once again, what an absolute godsend that little box of tricks is!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

OK, latest update, the independent case examiner (ICE) have responded and have 'defined the element of your complaint as;'

 

"DWP failed to provide you with the opportunity to provide all of the evidence you had available in advance of the decision made regarding your ESA in January 2013"

 

Er no...not quite.... I've got a while to contact them and either agree or not that they have correctly defined my complaint.

 

So I have come up with my definition of my complaint, and wanted to get others views on it?

 

"The DWP failed to accurately use the evidence provided in order to correctly diagnose a prognosis, instead ignoring all evidence, and causing severe financial hardship and further exacerbating my mental health issues".

 

Does that sound better?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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