Taking DWP to the County Court

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Taking DWP to the County Court

Post by Non Deficere on Sun Jun 03, 2018 9:35 am

The following is a (non-exhaustive) list of the types of cases typically heard in the County Courts:

Money claims of up to £100,000.00;
Housing claims, including possession of residential and commercial properties and other landlord and tenant matters, such as eviction;
Bankruptcy and insolvency matters;
Personal injury claims;
Adverse possession claims, or claims against trespassers;
Claims involving a breach of contract;  (DWP Providers are third party contractors)
Negligence claims, where a person has suffered a loss as a result of the actions of someone else;  (relevant to DWP)
Probate claims and other claims in relation to Wills and Trusts;
Consumer disputes;
Small claims (claims of less than £10,000.00).
https://www.franciswilksandjones.co.uk/site/our-services/debt_claims/county-court/further-information-cc/what-cases-are-heard-in-the-county-court.html

Example cases:

Court orders Atos to pay disabled woman £5,000 over dishonest PIP assessment
https://www.disabilitynewsservice.com/court-orders-atos-to-pay-disabled-woman-5000-over-dishonest-pip-assessment/


The Royal National Institute of Blind People (RNIB) is threatening the Department of Work and Pensions with court action for suspending the benefits of a blind man after he missed appointments which he was only informed about through letters he was not able to read.

The RNIB has prepared five legal cases against the DWP and said it was looking into a further 50, which relate to the department's failure to send out benefits letters in braille or large print format . In a number of cases, the DWP suspended recipient's benefits leaving them in desperate circumstances, the RNIB said.
https://www.theguardian.com/uk-news/2014/feb/19/rnib-dwp-blind-court-action-benefits

The Court of Appeal said that the Department for Work and Pensions misled pensioners and caused them suffering
https://www.thetimes.co.uk/edition/news/government-slammed-by-judges-over-lost-pensions-skvkw5gffwp

This case was resolved in the High Court, but a County Court case could have been brought.

It is advisable to follow the complaints procedure before costly legal action.
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Re: Taking DWP to the County Court

Post by Non Deficere on Mon Jun 04, 2018 9:23 am

It seems that costs may not be a problem:

How to apply for help with fees

You may not have to pay a court or tribunal fee, or you may get some money of
https://www.lease-advice.org/files/2016/08/ex160a-eng.pdf

https://www.gov.uk/get-help-with-court-fees

Costs

The costs awarded may depend on a number of factors including the relative financial status of the parties and their behaviour before and during court proceedings. If any costs awarded by the judge do not cover the expenses actually incurred, the party will have to pay them out of their own pocket.  http://www.aboutsmallclaims.co.uk/who-pays-costs-court-judgment.html

Use free or affordable services to help prepare your case

https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/
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Re: Taking DWP to the County Court

Post by Absolut on Tue Jun 05, 2018 7:02 am

http://dls.org.uk/

DLS provides online information and factsheets on the following areas of law: Community Care, Disability Discrimination, Employment, Welfare Benefits, Trusts, Blue badges, and others.
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Re: Taking DWP to the County Court

Post by Non Deficere on Tue Jun 05, 2018 9:51 am

Absolut wrote:http://dls.org.uk/

DLS provides online information and factsheets on the following areas of law: Community Care, Disability Discrimination, Employment, Welfare Benefits, Trusts, Blue badges, and others.


Thanks Absolut.

I have had 4 complaints upheld by ICE, 3 people were awarded a consolatory payment.  Two people said I saved their life! They were both very distressing cases.

I have another in progress, I should know the outcome in about 4 weeks time.  The person has already received £200 from DWP to date.

I am considering the CC route dependant on the outcome of the ICE complaint.  I am not going to bother with the Ombudsman.
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Re: Taking DWP to the County Court

Post by Non Deficere on Thu Jun 14, 2018 3:42 pm

Example County Court submission from rightsnet member Altered Chaos:

https://www.rightsnet.org.uk/forums/viewthread/6420/

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Re: Taking DWP to the County Court

Post by Brutus on Tue Jun 26, 2018 5:40 am



As usual great info :-)
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Re: Taking DWP to the County Court

Post by Absolut on Tue Jun 26, 2018 10:16 am

Has anyone ever taken an individual DWP worker to court or are they protected by their State position?
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Re: Taking DWP to the County Court

Post by Admin on Tue Jun 26, 2018 10:53 am

interesting subject there non deficere

you mean take an advisor to court for there wrong statements ?

i believe yes
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Re: Taking DWP to the County Court

Post by Non Deficere on Tue Jun 26, 2018 3:30 pm

Absolut wrote:Has anyone ever taken an individual DWP worker to court or are they protected by their State position?

I have threatened a DWP manager with court action, but s/he backed down.

I will let you know how my outstanding case develops.
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