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    • They refer to the ID in their statement (Para 19)....   Para 6 is all one statement....broken into extension paragraphs   Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.
    • Thanks very much Andy for putting your time in it's really appreciated.   I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction.   Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8?   Now let's send this and see what happens next.. 🍿
    • Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle. If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would. If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly. I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line. I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object. Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things. I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
    • so just ignore the overdraft debts ?  
    • Thanks guys for your input,    Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers. I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed. Thanks Again
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san_d

Mandatory reconsideration: no acknowledgement received

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Last month I sent a letter of mandatory reconsideration to challenge a benefit decision. The decision did not involve a sanction. I have received no acknowledgement by now. I have spoken to the benefit centre and they phoned me back saying that they have not received my letter (I have proof of signature) and as long as they are concerned there is nothing I can do.

 

Is this right? Shouldn't I be entitled to have my case reconsidered? What should I do? Is this the latest trend at the DWP? What is the procedure? Thanks.


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I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.


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I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.

That's the first thing I've done. They've told me that there is nothing I can do. They won't escalate my case. They are just stonewalling. If I insisted further they'd have called security.


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I would be writing to my MP right now with all copies attached to the letter, or attached in email to them.

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The DWP loses letters all the time - it's not by design, but still, they don't get to just say "oh sorry, nothing we can do", especially not when you have proof that it was received at their mail handling depot.

 

So here's what I would do: first I would call them again, and, if necessary, ask to speak to a manager or supervisor. Be polite but firm. Explain that you have proof that your MR request was received on xx date. Ask for an appointment at your nearest Jobcentre to hand in a copy of your original request and also a copy of the proof of delivery. Tell them that for the purpose of time limits for MR, you expect the request to be treated as made on the date shown on said proof of delivery. Then follow this up with a letter saying the same thing, also enclosing a copy of the delivery signature.

 

Make sure you can document everything you have done, so keep copies of everything for yourself. Hopefully your request will be dealt with by someone who actually knows what they are doing, but if they continue to stonewall then I think Ruby Tuesday has it - contact your MP. You are entitled to a Mandatory Reconsideration and them saying "oops, we lost it. Sucks to be you" is unacceptable.


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There's some good links in this to read, but it does say that a MR is an ''operational'' rather than a legal term, as such no time limits apply,

and there are no guidelines as to how they're carried out.

 

http://www.cpag.org.uk/content/ask-cpag-online-pursuing-mandatory-reconsideration


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, just to be clear, by "time limit" I was referring the time the claimant has to request a recon, not the time the DWP has to complete it.

 

What we don't need is the DWP claiming San_d is out of time to request a recon because they lost the letter.


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Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?


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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Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?

 

No probs. Both things are matters of concern in any case - the delay in processing and the possibility that the DWP will try to claim that the recon request wasn't received in time.


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Last Friday I went to the Jobcentre, letters in hand. I explained my situation. At first they were receptive, but when I told them that my MR was about a decision that was not a sanction, they said that I am not allowed to bring evidence. I insisted and the lady said that she was going to call the security and kick me out.

 

Her argument was that you can only bring evidence to the Jobcentre if there is a sanction or an appeal to a sanction. She said in my case it was not necessary and it is at discretion of the Jobcentre.


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OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.


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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OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.

I can't give too many details away because my case could be unique, but basically I have been granted JSA but on a wrong assumption. That means my JSA could be terminated at any time. To be terminated they will have to issue a new decision, which has not arrived yet.

 

I am contesting only that element.


"Ask not what your country can do for you, ask what you can do for Poundland"

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Sorry, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?


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, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?

Not really. As I said, i can't go into details. Sorry but I need to protect my case. The only thing I can say is that they have made wrong assumptions about my work history and they could suspend my JSA. No sanction has arrived yet.


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OK no worries, as long as you know what the problem is, and how it has been made, and by whom, then you should be pretty much covered.

 

But don't forget who it is your up against, they are very good at losing evidence, and fabricating evidence to suit!

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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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Thanks all. My second letter has arrived. I have been told somebody has looked at it and I should receive a response soon. Fingers crossed.

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"Ask not what your country can do for you, ask what you can do for Poundland"

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