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

  1. #1
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    What's the correct address of the DWP to put on my small claims court claim form?

    Hi Guys,

    I have decided to take the DWP to small claims court for the behaviour of ATOS Healthcare. However, I must get the right department and address to put on the claim form. It needs to completely correct or else the whole case can collapse.

    Can anyone help with this please? Is there a web site or a link where this can be checked?

    Many thanks for your help

    Chris

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    DWP Litigation Division
    Caxton House
    Tothill Street

    London

    SW1H 9NA


    I would be interested what exactly you are claiming against them. I also hope you have taken advice as you may just be throwing money away.

  3. #3
    Senior Member nukecad's Avatar
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    I believe you have to sue the Secretary of State for Works and Pensions.

    This FoI reply says the same - for legal purposes the DWP is the Secretary of State for Works and Pensions, all their decisions, etc. are made in his name.
    https://www.whatdotheyknow.com/reque..._passthrough=1

    If you look at court casesagainst the DWP they are all "suchandshuch v SSWP(ESA)"
    https://www.google.co.uk/search?q=SS...AsyT8QeLhaTQAg

    Presumably his address will be the House of Commons?

    I would think you're going to need the help of a solicitors firm, they should know where to serve any papers.
    Last edited by nukecad; 11-07-2017 at 04:36 PM.
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    Hi Nukecad, that is the address for cases against the DWP, so would it not be served there but naming the secretary of state as the respondent?

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    Quote Originally Posted by justme2017 View Post
    DWP Litigation Division
    Caxton House
    Tothill Street

    London

    SW1H 9NA


    I would be interested what exactly you are claiming against them. I also hope you have taken advice as you may just be throwing money away.
    Thanks Guys for your help. Is the litigation division a clue? I'll PM you with the details of you like? Let me know if this will be okay.
    Chris

  6. #6
    Senior Member nukecad's Avatar
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    May well be, I had thought Caxton House at first, but then remembered that everyone sues SSWP and by title not name. (In case he gets kicked out and replaced).

    TBH I think if an 'entity' has more than one address you can serve papers at any of them.
    So Caxton House should do.

    Although you are technically suing the S of S I doubt he will even be aware of it.
    Last edited by nukecad; 11-07-2017 at 05:14 PM.
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    Not sure I can PM you here. Its quite a complicated case, however, I seem to have my head around it now. Here's a brief description of the case that has already been posted somewhere so I don't suppose it will compromise my case.

    Some of things they did are described below there's more to boot

    For instance on my claim, ATOS lied to me on a recorded phone call about what my health professionals had said twice. Then they lied about it being a bad day 5 times on the assessment report, and also denied I had suicidal thoughts when in fact I've just been diagnosed with bi-polar disorder!

    They also lied about many, many things to do with what happened and what was said at the assessment. Good job I covertly recorded it. The phone calls I let them know... They also refused any form of reasonable adjustment so I could attend the face-to-face.

    In addition, they took the word of a secretary to gather medical information and used it as a basis to refuse a paperwork assessment and then lied and said that information came from a doctor... I have proof of that also... What’s more, I was refused to manage my condition in the assessment by lying down on the bed that was there.

    There’s many more examples of clandestine activity and I have a wealth of evidence that proves it.

    I don’t think my experience is that unique. Prosecuting them for direct discrimination, equality act and data protection breaches.

    Any advice would be welcome.

    Thanks
    Chris

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    Have you appealed to tribunal Christopher?

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    Quote Originally Posted by justme2017 View Post
    Have you appealed to tribunal Christopher?
    No I haven't but they actually caused me so much pressure and bullied me so much over the months it took - from May to September - I couldn't risk my health any more on a system that was proving to directly discriminate against me. I have a very rare illness that makes it very difficult to even get through a day in my home - my only asset of 29 years - risking the support they'd already given me could mean I would have to lose my home and a very real chance of me having to take my own life - not dramatic just a real possibility - because I simply wouldn't survive in a hostel, on the streets or in a noisy environment.

    I decided that it was better to lose my full entitlement and try to pursue them in court. Mainly to discourage then from treating me this way again. I know what your response is going to be but my illness paints me into a corner because I have become fully dependent on the a state for all my income. I have around 14 hours to function in a week only. RE: PIP 50% ruling. Its a bad enough place to be.

    In the circumstances there is going to be a rather large hurdle to get over. Persuading the court that I had no choice. However, the evidence is so strong and they have been so underhand in their dealings with my case, that I think even a court would not blame me for either covertly recording the assessment or going down this route.

    Chris

  10. #10
    Senior Member nukecad's Avatar
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    Christopher is talking about going down the judicial route, rather than the benefit appeal route.

    It is done but not often, it can be very successful at getting things changed, even getting the law changed.

    It is not something to enter into lightly, and you realy need a good law firm behind you to have any chance of success.

    Going the juducial route can end up in the Supreme Court (and has).
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


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