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Thread: What's the correct address of the DWP to put on my small claims court claim form?

  1. #11
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    Christopher, My personal opinion and nothing else. If you can cope with a court case then why do you not consider a tribunal? It seems like you could have a very good case and certainly judging by the statistics, they are actually independent. The tribunal have to apply the law as any normal court would. Do you have a solicitor behind you or are you going to try and do it yourself?

  2. #12
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    Maybe I should try and explain the difference, at least as I uunderstand it.

    The benefit appeal route is contesting your decision.

    The juducial route is contesting the whole legal framework on which the decision was made, so affects everyone and not just you.

    Imagine the upper tribunal plus, plus.

    (Wish Flymo was still here to give a legal point of view).
    Last edited by nukecad; 11-07-2017 at 07:48 PM.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here.

  3. #13
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    Quote Originally Posted by justme2017 View Post
    Christopher, My personal opinion and nothing else. If you can cope with a court case then why do you not consider a tribunal? It seems like you could have a very good case and certainly judging by the statistics, they are actually independent. The tribunal have to apply the law as any normal court would. Do you have a solicitor behind you or are you going to try and do it yourself?
    Its'not the stress of tribunal, its giving back control of my finances and therefore the control of my condition and circumstances/life to an organisation that has discriminated so harshly and directly against me. Its the RM that I couldn't justify.

    Chris

  4. #14
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    I am simply making a monitory claim against the DWP partly for the denied award but only to have a penalty for discriminating against me in that way. I will ask the court for payment in instalments so that I don't lose my means tested benefits. There's no point in them not having a penalty for their behaviour.

    The laws they have breached are already established. I have subsection breaches, details etc. The equality act and the data protection act. It's pretty nailed on and I will request it goes down the small claims court route to insulate me from court fees if it all goes south which is very unlikely.

    I successfully prosecuted a health centre a few years ago for not making reasonable adjustment.

    Chris

  5. #15
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    Nukecad and Christopher,

    I understand the difference between the benefit tribunal and legal action actually against the DWP. I just thought it would be easier by way of tribunal to get what you think you deserve. I just cannot see how a case against the DWP will be accepted down the small claims route, as it will be very complex. Not to mention the DWP will apply to have it sent up to the higher court or just thrown out as it involves areas of Law not dealt with by the small claims track. If it is a question of discrimination then that again would not be dealt with by small claims court. You also have to give the other party a chance to put things right before you go down the small claims route as well, at could be argued that a tribunal and going through the complaints procedure was the avenue available for that.
    Last edited by justme2017; 11-07-2017 at 10:33 PM.

  6. #16
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    Many Thanks,
    for you advice. Yes I am giving them the chance top put things right and making a complaint before I will commence proceedings, however, I fully expect to have to go down the court route. There is a six month deadline to start proceedings from the first refusal to make reasonable adjustment. I suspect that the complaint procedure will take longer than that although I've given them 28 days for the first tier.

    The last case I made a claim for went down the small claims route and it was a discrimination case. This is not primarily to acquire my award, it is to demonstrate that not only do disabled people have a right to be not treated in this way, but also to try and dissuade them from endangering my life in that fashion once more. Otherwise, they'll be doing the same thing periodically to me for the rest of my natural which will no doubt be brought to an abrupt end as a result.

    What else can someone do?

    Just say, thanks and its okay and keep doing that to me?

    Britain wasn't built on that was it?

    Re: Bloke in Farm house on the M62. They had to build the motorway around him because he refused to give up his home. As I understand it, he sat on his roof with his shotgun and wouldn't move.

    I am certainly not emotionally involved but I am not a shrinking violet either. I will pursue this matter to exhaustion because they've left me no choice. Even the PHSO are likely to fine them if I don't prosecute. They won't continue with a complaint during litigation.

    Thanks for your input, it's been interesting

    Chris

  7. #17
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    It just occurred to me

    It wouldn't have thought it would be in the interests of the DWP to make this high profile and would have thought they'd be happy to keep it a low key affair. Plus I think it would be hard for them to insist that it was heard in a court environment that would disadvantage the claimant or intimidate them. I think ATOS Healthcare have intimdated the claimant enough. I wouldn't have thought the court would allow that to happen in the proceedings.

    They boast justice for all...
    Chris

  8. #18
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    Christopher, this is the number for the civil legal advice line-0345 345 4 345.
    Give them a ring and if you think you have been discriminated against a legal advisor will call you back. They are the best people to ask on the prospects of your case, I believe that legal aid is available for cases involving discrimination. It cannot hurt to give them a call and see what advice they can give.
    Whatever happens I wish you the best of luck.

  9. #19
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    if covertly recording them is forbidden,then lying should be forbidden !! all too often they get away with lying,they should lose their jobs when they lie in peoples reports,it's an injustice,and more needs to be done !! best of luck Christopher

  10. #20
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    Thank you all for your help and support.

    Chris

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