PIP, DLA and AA
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WON PIP APPEAL BUT NOW THE DREADED STATEMENT OF REASONS

gazza123gazza123 Member Posts: 7 Listener
edited October 2018 in PIP, DLA and AA
Hi i won an appeal on the 31st Aug 2018 DWP now want a statement of reasons for an error on the paper work I think its because of the change from DLA .. to PIP There is meant to be a months grace for the poor DWP to sort themselves out ....im am in such a mess ive got baliffs knocking lost my car ages ago lost dla over a year ago anyone waited for a statement of reasons ? how long does that take ? we got an appointment with the local mp mid october ... just so disgusting how this process is ... I was multiple raped in prison and was a wreck in court i cant go through that again ..i feel like giving up on life as these people this benefit is meant to help to take the stress out of life ... I would be interested to hear from anyone in my shoes or if i can advise anyone ....just if you have an appeal and win make sure magistrate remembers the months change from dla ...to pip ...good luck  everyone 

Replies

  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    OK, panic not, and I know that is easier to say than actually do. However  DWP have 28 days to APPEAL THE RULING by the Tribunal. They can only appeal on a matter of law, not the opinion of the Tribunal members who awarded you PIP. Don't get confused, a matter of law, is if the DWP LEGAL GNOMES believe the JUDGE has made an error in interpretating the monumental clauses and sub clauses in the act, they MAY appeal. Rare, but when you are in a nice warm office on £35k plus who gives a ****. With regards to the Bailiffs, you don't let them into your house, at all. The right of bailiff entry has never actually existed  it requires a Court Order, and, the boys in blue must be in attendance, or notified of a forced entry. Panic not, they want your money, not your goods and chattels. Explain the situation, most bailiff companies will accept offers  talk ,don't argue with them, just ask for the warrant of entry. Don't have one, then two options, foff or you call the police. Good luck  
  • gazza123gazza123 Member Posts: 7 Listener
    Just an update rang the court today the Judge is refusing to change any dates as they are correct and will not `set aside ` her decsion she is going to send a statement of reasons anyone know what that all means ? Thanks for any advice
  • markyboymarkyboy Member Posts: 374 Pioneering
    It means you have won your appeal and they have failed to have it set aside 
  • mikehughescqmikehughescq Member Posts: 5,412 Disability Gamechanger
    DWP didn’t ask for a statement of reasons. They asked for a correction of dates under the slip rule. That’s been refused and for the avoidance of doubt the judge is issuing a statement of reasons. DWP (or yourself) have the same appeal rights and could then pursue the matter to UT on a point of law.

    I’m going to pick up on @Peasmold_01comments as they are way off beam.

    1) Interpreting an Act is not at issue, It’s interpretation of the regulations under that. Such interpretation is but 1 of 5 possible errors of law and the other 4 have nothing to do with the regulations.

    2) I object to a phrase like “legal gnomes”. When you have the qualifications of a solicitor and work the hours of a solicitor then maybe comment and maybe without the abuse? 

    3) The judges salary figure is completely made up. Most tribunal judges are fee paid i.e. paid only for the sessions they do. If they get allocated 1 day a month that’s a 3 figure sum they’re earning per month. In order to earn that they will have done at least 1/2 a day preparation, maybe longer depending on the type of appeal, previewing cases for which they don’t get paid. None of them will have an office unless it’s in their own home. If the salary figure were to relate to DWP staff then again it’s simply wrong.

    4) The advice re: bailiffs is also mostly wrong. The court order confirms the debt. The bailiff can enter if you let them. Don’t let them. The police are not present for the majority of bailiff visits. However, also bailiffs have a code of practice re: vulnerability. Download it online and see if it applies to you. That will pretty much end their involvement.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    OK, panic not, and I know that is easier to say than actually do. However  DWP have 28 days to APPEAL THE RULING by the Tribunal. They can only appeal on a matter of law, not the opinion of the Tribunal members who awarded you PIP. Don't get confused, a matter of law, is if the DWP LEGAL GNOMES believe the JUDGE has made an error in interpretating the monumental clauses and sub clauses in the act, they MAY appeal. Rare, but when you are in a nice warm office on £35k plus who gives a ****. With regards to the Bailiffs, you don't let them into your house, at all. The right of bailiff entry has never actually existed  it requires a Court Order, and, the boys in blue must be in attendance, or notified of a forced entry. Panic not, they want your money, not your goods and chattels. Explain the situation, most bailiff companies will accept offers  talk ,don't argue with them, just ask for the warrant of entry. Don't have one, then two options, foff or you call the police. Good luck  
    They may not have a warrant of entry but they are allowed to enter without permission as long as it is by peaceful means.
    Bailiff knocks on door and explains who they are and why they are there. You go into the house to find some letters you have about this leaving the bailiff on the front step with the front door closed but not securely locked. Bailiff tries the door handle and the door opens - he goes in. Now that he is in the house you cannot force him out. He is entitled to go in every room to see what assets you have and even open drawers to see if he can find a bank savings book etc.

    At this stage you have two options pay up in full or make an acceptable offer where he/she is also likely to list all of your goodies and tell you that you can keep them for now but if the balance isn't paid when it is supposed to be paid they can come back and force entry to remove those goods.

    Word to the wise always keep your windows closed (they have the right to bring ladders to access all windows if they are open).
    Always keep all exterior doors closed and locked.

    If answering the front door never leave it unlocked with the bailiff stood outside. One foot over the threshold of the door is inside as far as they are concerned so watch where he/she puts their foot.

     
  • markyboymarkyboy Member Posts: 374 Pioneering
    We have a member here who had a question about PIP and is at their wits end worrying about bailiffs and we have members arguing about what bailiffs can do and not do.
    Compassion please
  • mikehughescqmikehughescq Member Posts: 5,412 Disability Gamechanger
    So is said member served by inaccurate advice then?
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited October 2018
    markyboy said:
    We have a member here who had a question about PIP and is at their wits end worrying about bailiffs and we have members arguing about what bailiffs can do and not do.
    Compassion please
    There is no argument unless you are yourself are intent on instigating one. but I have merely given advice as to what a bailiff can and cannot do.
    You can obviously ignore what I have said that is everybody's choice. 

    The poster is worried about bailiffs at the door, and the information I have given him will help protect himself.
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