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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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Hi everyone,

 

 

I've been on ESA in the Support Group for the past 2 years and

 

 

today i received a capability for work questionnaire through the most that has to be returned within a month.

 

 

I am just wondering how long after you send the questionnaire back do you hear back from them with a possible face to face assessment date and do you still receive your normal payments while this process is going on?

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Hello, and welcome to CAG. I'm afraid I can't give you timescales (probably a matter of a few weeks to a few months) but you will continue to receive your normal payments while the WCA process is ongoing.


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Thanks for the response it's much appreciated, do normal payments continue after the assessment until the point you hear the outcome? I'm pretty worried about the whole think tbh :sad:

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Yes, until the outcome is decided (whether that is based on the ESA50 alone, or involves a face to face assessment) your regular payments should continue.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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Thanks for the information, sorry about the late reply btw

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I've recently had my ESA WCA and at the end the assessor said he would be recommending i'm put in the middle group (WRAG i believe it's called).

 

Just wondering do the DWP listen to these recommendations or do they totally disregard them?

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1, there is no real "middle group" as there are only 2 groups that you can be awarded following the WCA F2F farce,

The SG (support Group) and WRAG (Work related activity ) Group,

 

2, The DWP DM will 9 times of of 10 always will side with what the so-called charlatan acting as HCP ,

unless they have made an obvious mistake,

if something isn't clear enough for the DM they may ring you for further info, but in general they usually accept what the HCP 's report over your and other evidence presented

 

But i certainly wouldn't take the assessor at their word, as it isn't their decision or so they claim,

 

 

Hopefully, for you, they will of been truthful to you,

The DWP will let you know, which could be 4-6 weeks away as an average time scale,

but it may be sooner or longer, depending on case load at the time in each area

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Thanks for the reply,

they said the group where you have to go work focused interviews etc so i'm guessing he meant WRAG.

 

 

I'm hoping it'll be truthful as well but there is so much uncertainty with the system.

 

 

Do you still receive payments while you wait for the decision as i need money for food etc?

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As long as your medical certificates remain up to date, you'll still receive payments while you wait for the decision.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I'm currently in the SG and have been for the past few years, sorry I should have said ESA reassessment.

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If you where is the SG and there's a possibility of being put in the WRAG ,

 

 

has you medical conditions improved significantly since your last assessment ?

if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements,

it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

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I'm currently in the SG and have been for the past few years, sorry I should have said ESA reassessment.

 

Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.

 

Thank you, I just want to know the outcome right now as all this waiting is making me nervous.

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If you where is the SG and there's a possibility of being put in the WRAG , has you medical conditions improved significantly since your last assessment ? if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements, it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

 

Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

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Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

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The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

 

I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

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I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

 

https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

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https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

 

When they say work experience what they really mean is slave labour :(

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When they say work experience what they really mean is slave labour :(
yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with stories about how they have helped them into work, Edited by honeybee13
Pejorative terms removed.

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yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower of crooks trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with lies about how they have helped them into work,

 

The 3 main parties all look for ways to steal money from the poorest people in order to give it to their banker friends :(

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I had a WCA just over a week ago now, is there a chance I'll hear from the DWP before this time next week? All this waiting is really affecting my nerves :sad:

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My WCA was on 03.11.2016.

 

My result was communicated to me by post on 31.01.2017. That was a 12 week wait.

 

Sorry if my response was unhelpful

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I had a WCA just over a week ago now, is there a chance I'll hear from the DWP before this time next week? All this waiting is really affecting my nerves :sad:
whilst it's entirely possible, it's probably unlikely that you will

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My WCA was on 03.11.2016.

 

My result was communicated to me by post on 31.01.2017. That was a 12 week wait.

 

Sorry if my response was unhelpful

 

Thank you, it was helpful and damn 12 weeks is a long time. You must have been going out your mind waiting for the results :(

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To be honest, I saw it as no news is good news.

 

Until the result had come through, my jobsearch had been suspended.

 

The assessor gave me 0 points and said that I was in good health.

 

Somehow my several doctors letters did not count for anything!

 

Anyway, I asked for a mandatory reconsideration on Wednesday so I have braced myself that I could be waiting up until June for a response.

 

Their guideline response time is 21 days but it is better not to set myself up for an early response.

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