Taking the DWP to a small claims court?
samuel88
Community member Posts: 5 Listener
I won my PIP appeal on the 14th of October, however they have still not started payments. I rang them yesterday and they confirmed that they were not appealing nor have they asked for a SOR but couldn't tell me when I'm going to get my money. Do you think issuing a letter before action might prompt them to make payment?
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Hi,Great news on the Tribunal win. Backdated money can take 8 weeks after a Tribunal win and about the same time to put your award into payment.No, a letter before action isn't going to help here, i'm afraid.2
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If the 8 weeks had passed, how would this person take the dwp to the small claims court and would this person get legal aid?0
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It hasn't reached 8 weeks and no they wouldn't get legal aid.
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What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full.1
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If the shoe was on the other foot and we owed the DWP money do you think they'd accept being told 'wait at least 8 weeks?'wilko said:What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full.2 -
You don't really need a solicitor to go to the small claims court. You just pay a small fee and in fact, the court is basically the same as a Tribunal, the only difference being that the small claims court has the power to enforce it's judgements!Misscleo said:If the 8 weeks had passed, how would this person take the dwp to the small claims court and would this person get legal aid?2 -
wilko said:What’s up with these people they have waited so long for their tribunal then win and can’t wait or become impatient with the DWP waiting for their back payments, you won’t be short changed, you will be paid in full.
Perhaps they are desperate for the money.5 -
Yes they may be desperate for the money, remember they have had to wait 12 plus months for their case to be heard can't they wait for their correct payment to be sorted out, otherwise they will be reposting is this the correct money for back pay. All these things take time it's not instant coffee.0
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Somebody got out the wrong side again and manners cost nothing.2
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But a Tribunal isn't legally binding, so if the DWP wanted to they could just say to anyone 'we're not going to appeal, but we're not going to pay you either'. What then? Surely it would be the same process as when anyone is owed money? You take them to the county/small claims court...Username_removed said:The small claims court is irrelevant here. It has no jurisdiction for several reasons.
1 - entitlement has been decided and the route for that is first tier tribunal.
2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
3 - you can’t pick your route. The tribunal route is the one agreed by law.
4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions.0 -
You will receive your back dated money but it can take 8 weeks, sometimes longer. Ring them again tomorrow morning and ask for another update on your backdated money.
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It states in the letter they sent with the appeal decision 'Unlike the courts, the tribunal has no legal powers to enforce it's decision'Username_removed said:
That’s not true. What gives you that impression? A tribunal decision is absolutely legally binding unless set aside or overturned at UT.samuel88 said:
But a Tribunal isn't legally binding, so if the DWP wanted to they could just say to anyone 'we're not going to appeal, but we're not going to pay you either'. What then? Surely it would be the same process as when anyone is owed money? You take them to the county/small claims court...Username_removed said:The small claims court is irrelevant here. It has no jurisdiction for several reasons.
1 - entitlement has been decided and the route for that is first tier tribunal.
2 - effectively the DWP, in small claims lingo, have admitted liability and agreed to pay. There is therefore nothing for the small claims court to do even if they had jurisdiction.
3 - you can’t pick your route. The tribunal route is the one agreed by law.
4 - an administrative delay can be the subject of judicial review if it’s unreasonable but only if there’s urgency and all other remedies, like complaint, have been exhausted. There’s no urgency here and other remedies have not been exhausted. The cost of a JR is likely to exceed the arrears by some distance.
5 - we’ve no idea how much the arrears are. Some arrears are so large the payments need to be split and that requires specific permissions.If you win at appeal and can’t get payment you have numerous options to enforce payment.0 -
Hi @samuel88, is there anything further we can do to help?
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Send the bailiffs they would0
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I have just issued proceedings against the DWP for over £15,000 in benefits I have missed out on due to their discrimination, plus damages of over £25,000.
Their legal department are completely different to the normal departments. That's quite good for me, cos I have been playing them off against each other. It seems the two never ever communication.
If you want to send a letter before action, the law states that it must be sent to this address:
London Caxton House
TOTHILL STREET
LONDON
SW1H 9NA
However, they will not receive anything you send to that address because they are all working from home. There is a notice on their website (somewhere) asking that the below this email address is used instead - newproceedings@govermentlegal.gov.uk.
Biut, because there is a law stating the above postal address must be used...... well, you get the issue lol I sent my stuff to the email address, and the Judge made and order stating the law says it post be served via the postal address. You might wanna send it to both.0 -
Mike,
thanks again. I’ve had a read. A few interesting facts. Like the size of their legal department lol1
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