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DWP ignoring HMCTS decision
- rovingweir
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3 years 11 months ago #259473 by rovingweir
DWP ignoring HMCTS decision was created by rovingweir
This site helped me win my appeal after an arduous 4.5 year battle. But in early March the DWP and myself were notified of HMCTS decision and theyhave not contacted me, acknowledged it, provided information about when backdated payments will be made. They are completely SILENT.
I have written and written, contacted ICE. Nothing. Nada. Zilch. My anxiety is through the roof.
On top of this they ordered a telephone assessment 7 months earlier that previously agreed, while the decision was still under appeal. The assessor had his child screaming in the background and made incorrect claims in the report, which I recorded. I have contacted the DWP and IAS offering the audio, but the first is yet again silent, and the latter day they can’t listen to it because it’s MY recording...they never offered to record it themselves.
It’s also been over 8 weeks since the dreaded premature assessment and nothing. Not a damn peep from them. I can’t figure out how they’ll unravel the mess they’ve made, so no doubt that’s what they’re doing. It would be nice to have a pre-emptive plan. All suggestions gratefully recieved.
It’s been two months of stonewalling and I’m unravelling. Any ideas as to what I can do? I’m so tired and down with it all now.
I have written and written, contacted ICE. Nothing. Nada. Zilch. My anxiety is through the roof.
On top of this they ordered a telephone assessment 7 months earlier that previously agreed, while the decision was still under appeal. The assessor had his child screaming in the background and made incorrect claims in the report, which I recorded. I have contacted the DWP and IAS offering the audio, but the first is yet again silent, and the latter day they can’t listen to it because it’s MY recording...they never offered to record it themselves.
It’s also been over 8 weeks since the dreaded premature assessment and nothing. Not a damn peep from them. I can’t figure out how they’ll unravel the mess they’ve made, so no doubt that’s what they’re doing. It would be nice to have a pre-emptive plan. All suggestions gratefully recieved.
It’s been two months of stonewalling and I’m unravelling. Any ideas as to what I can do? I’m so tired and down with it all now.
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- BIS
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3 years 11 months ago #259483 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP ignoring HMCTS decision
Hi Rovingweir
I'm sorry you're going through this. It sounds simply dreadful. It's extremely difficult when you hear no replies - and I think you are right, it is probably they are trying to work out how to come to an outcome. To speed up the process I really would contact your MP and ask for them to become involved. Quite a few MPs have been successful for members in making the DWP act more quickly.
You could also put in a complaint, but this probably won't make things go any faster.
Sorry I can't suggest more.
BIS
I'm sorry you're going through this. It sounds simply dreadful. It's extremely difficult when you hear no replies - and I think you are right, it is probably they are trying to work out how to come to an outcome. To speed up the process I really would contact your MP and ask for them to become involved. Quite a few MPs have been successful for members in making the DWP act more quickly.
You could also put in a complaint, but this probably won't make things go any faster.
Sorry I can't suggest more.
BIS
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- LL26
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3 years 11 months ago #259494 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP ignoring HMCTS decision
Hi rovingweir,
I agree with BIS that the best way is to make a complaint. The DWP complaints department is staffed by lawyers and people who have more understanding and more clout than the decision makers.
Put in a complaint
The tribunal have clearly decided that you are entitled to benefit. Under Human Rights Act (ECHR Article 1 of the First Protocol: Protection of property) you have a right to protection of possessions and this includes a right to receive social security benefit. So write your letter saying you wish to complain and its a breach of ECHR article 1 etc as per above and and make it clear that you will be referring the matter to a lawyer to seek Judicial Review, ( to enforce DWP to make the payment ) if there is no response within 14 days of the date of the letter. Send a copy of the Tribunal Decision letter.
Make your letter snappy, using plain language. Bullet points are often good. Send the letter recorded delivery. Send a copy to your MP.
It is very unlikely you will need to refer to a lawyer but that will be your next step. I suspect there is a local solicitor at a Law Centre who would help. Or you could involve a solicitor at this stage.
I hope this helps.
Good luck.
LL26
I agree with BIS that the best way is to make a complaint. The DWP complaints department is staffed by lawyers and people who have more understanding and more clout than the decision makers.
Put in a complaint
The tribunal have clearly decided that you are entitled to benefit. Under Human Rights Act (ECHR Article 1 of the First Protocol: Protection of property) you have a right to protection of possessions and this includes a right to receive social security benefit. So write your letter saying you wish to complain and its a breach of ECHR article 1 etc as per above and and make it clear that you will be referring the matter to a lawyer to seek Judicial Review, ( to enforce DWP to make the payment ) if there is no response within 14 days of the date of the letter. Send a copy of the Tribunal Decision letter.
Make your letter snappy, using plain language. Bullet points are often good. Send the letter recorded delivery. Send a copy to your MP.
It is very unlikely you will need to refer to a lawyer but that will be your next step. I suspect there is a local solicitor at a Law Centre who would help. Or you could involve a solicitor at this stage.
I hope this helps.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rovingweir
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3 years 11 months ago #259589 by rovingweir
Replied by rovingweir on topic DWP ignoring HMCTS decision
Thank you. And to BIS too. I have forwarded a complaint twice now. Again, no response whatsoever, it’s getting utterly ridiculous now. I’m seriously contemplating getting a solicitor involved.
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