Another tribunal success

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Another tribunal success

Post by uncreased on Wed Jul 05, 2017 2:51 am

Morning everyone. I hijacked Diggers' topic earlier because I couldn't work out how to start a new topic, the button wasn't there. It is now so I'm posting this. Then I'll go back to diggers entry and delete my posts and hope it doesn't mess things up too much.

I had my tribunal on Friday for three sanctions imposed in January, March and June 2015, three months, six months and three years. I won them all, I don't know how, I wasn't very confident and don't think I made a very good case for any of them. The points that I thought were very important, the judge seemed not very interested in, so when I got the letter on Tuesday I was very surprised. Now I just have to hope that the DWP don't appeal. They didn't attend the hearing which was very good of them.
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 3:01 am

I managed to delete one of the posts on Diggers' thread with the bin icon. The other post didn't have one so it's still there, and if I do delete it, it'll make the responses to it look weird so I'll leave it there for now.

I forgot to thank everyone in the post above which was very rude of me. Not just on this issue, but for helping me navigate the various forms of shit the DWP has sent my way in the last few years. Thank you all.
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Re: Another tribunal success

Post by Caker on Wed Jul 05, 2017 8:14 am

I am so pleased for you uncreased. This has been a long time coming. It is also encouraging news for anyone with similar issues. Well done sunny
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 9:00 am



Uncreased!

Post a copy of your decision notice to the Benefit Delivery Centre to expedite playment of you £x,000! Very Happy

If you don't mind, what reason has the Judge provided in the DN?
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 10:44 am

I forgot to say that all three sanctions were for not participating in Mandatory Work Activity.

Mary, is the Benefit Delivery Centre my local office, the one where I sign on? Do I have to calculate how much I am owed or do they do that? Should I wait for a month to pass, in case they appeal, or should I do it now?

The judge wasn't happy with the DWP for not attending, stating that the Secretary of State is in breach of two directions of the tribunal that a Presenting Officer must attend. The main reason for allowing my appeal was that the initial notification to attend the scheme was insufficient and invalidated the requirement to participate. The judge had also asked the DWP for evidence that its MWA partners were authorized providers of MWA and they didn't do this. Finally, requests to the MWA providers for information was unsuccessful as MWA has now ended.


Last edited by uncreased on Wed Jul 05, 2017 10:50 am; edited 1 time in total (Reason for editing : Forgot something)
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 11:27 am

uncreased wrote:I forgot to say that all three sanctions were for not participating in Mandatory Work Activity.

Mary, is the Benefit Delivery Centre my local office, the one where I sign on? Do I have to calculate how much I am owed or do they do that? Should I wait for a month to pass, in case they appeal, or should I do it now?

You could ask your local JC to scan it to the BDC (not the Dispute Resolution Team), or you can post it if your prefer.  You should have a letter or 2 from them.

It is unlikely you will be underpaid your arrears, but is worth checking yourself.

There is always a possibility that the SOS may appeal, but it is still worthwhile informing JCP asap.  


The judge wasn't happy with the DWP for not attending, stating that the Secretary of State is in breach of two directions of the tribunal that a Presenting Officer must attend. The main reason for allowing my appeal was that the initial notification to attend the scheme was insufficient and invalidated the requirement to participate. The judge had also asked the DWP for evidence that its MWA partners were authorized providers of MWA and they didn't do this. Finally, requests to the MWA providers for information was unsuccessful as MWA has now ended.

Thanks for the information. It seems the SOS has been given sufficient opportunity to challenge your case.

The 'allow' decision for the first sanction looks firm.

Fingers crossed!




Last edited by Mary_FV on Wed Jul 05, 2017 12:04 pm; edited 1 time in total
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 11:31 am

Mary, the decision for all three sanctions was the same, almost identical letters. The only difference is the date of the sanctions.
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 11:38 am

uncreased wrote:Mary, the decision for all three sanctions was the same, almost identical letters. The only difference is the date of the sanctions.

That is great to read!

I wonder how many people have been sanctioned unlawfully and will the SOS notify those affected?

The 'Reilly and Wilson Case' springs to mind!
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 11:47 am

Mary_FV wrote:

That is great to read!

I wonder how many people have been sanctioned unlawfully and will the SOS notify those affected?

The 'Reilly and Wilson Case' springs to mind!

The judge referred to Reilly and Wilson, stating that I had not been provided with sufficient information about the MWA and that in the Reilly and Wilson case the Secretary of State was under such a duty (to provide this information) and that failure to perform it would normally invalidate the requirement to participate.
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 12:12 pm

uncreased wrote:
Mary_FV wrote:

That is great to read!

I wonder how many people have been sanctioned unlawfully and will the SOS notify those affected?

The 'Reilly and Wilson Case' springs to mind!

The judge referred to Reilly and Wilson, stating that I had not been provided with sufficient information about the MWA and that in the Reilly and Wilson case the Secretary of State was under such a duty (to provide this information) and that failure to perform it would normally invalidate the requirement to participate.

Well, the SOS has had more than sufficient time to dispute the case.  Was there in any reference in the DWP papers regarding the information provided by JCP?  Without seeing it, it is difficult to comment further.  

Let's hang on until the month has lapsed.  In the meantime, send the notice to the BDC.
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Re: Another tribunal success

Post by Tarquin Flotsam on Wed Jul 05, 2017 1:21 pm

Congrats uncreased! Good to see these bastards taken to task, hope you get back all the money owed ASAP. One thing, once you do get that money back, will you be tempted to seek compensation for all the hardship & stress you've had to suffer the past few years?
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 1:51 pm



Last edited by Mary_FV on Wed Jul 05, 2017 8:46 pm; edited 1 time in total
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 3:32 pm

Tarquin Flotsam wrote:Congrats uncreased! Good to see these bastards taken to task, hope you get back all the money owed ASAP. One thing, once you do get that money back, will you be tempted to seek compensation for all the hardship & stress you've had to suffer the past few years?

I'll wait until I get the arrears, then think about compensation. How do you measure an appropriate level of reimbursement? This has been going on for nearly 30 months so far, would the DWP needlessly drag a compensation claim out for as long as possible, just because they can?
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Re: Another tribunal success

Post by Caker on Wed Jul 05, 2017 3:39 pm

........I think they would be keen to sort it out once ICE was involved (that has been my experience). However, ICE do not look at cases for several months (possibly 12) after you submit the complaint. Nothing to lose and something to gain.
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 3:42 pm

Caker wrote:........I think they would be keen to sort it out once ICE was involved (that has been my experience). However, ICE do not look at cases for several months (possibly 12) after you submit the complaint. Nothing to lose and something to gain.

It's something to consider. And 12 months is nothing compared to 30, so maybe. And it may keep them on their toes, so it's a possibility.
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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 4:36 pm

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Re: Another tribunal success

Post by Mary_FV on Wed Jul 05, 2017 8:57 pm



Last edited by Mary_FV on Fri Jul 07, 2017 1:30 pm; edited 2 times in total
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Re: Another tribunal success

Post by uncreased on Wed Jul 05, 2017 11:18 pm

I have no idea Mary, but referring to the old forum might not be the thing to do on the new forum. I noticed in your post that you referred to the other forum. Expect a visit from the thought police very soon.
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Re: Another tribunal success

Post by Admin on Wed Jul 05, 2017 11:39 pm

im glad its been sorted for you uncreased its about time that it was done i remember it being on tt's site when you posted it there

at least its really good news then the extra good news is if they pay it all back in one lump but i suspect it will be in a few payments to you like so many people are getting there back pay from dwp
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Re: Another tribunal success

Post by Brutus on Thu Jul 06, 2017 2:15 am




Excellent news.
It show that perseverance and courage can pay off.
More of us, if they can, should follow your example!!


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Re: Another tribunal success

Post by Mary_FV on Thu Jul 06, 2017 6:31 am

I told the Thought Police that I think Uncreased is an incredible person and that he makes me laugh! Very Happy

They told me, "I think too much"!
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Re: Another tribunal success

Post by Caker on Thu Jul 06, 2017 8:12 am

uncreased wrote:I have no idea Mary, but referring to the old forum might not be the thing to do on the new forum. I noticed in your post that you referred to the other forum. Expect a visit from the thought police very soon.

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Re: Another tribunal success

Post by uncreased on Thu Jul 06, 2017 10:29 am

Admin wrote:im glad its been sorted for you uncreased its about time that it was done i remember it being on tt's site when you posted it there

at least its really good news then the extra good news is if they pay it all back in one lump but i suspect it will be in a few payments to you like so many people are getting there back pay from dwp

If they paid a lump sum I'd probably waste it all on rent arrears, food, bills and paying people back. And a helicopter.
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Re: Another tribunal success

Post by El-dudeareno on Thu Jul 06, 2017 3:12 pm

Still well played Uncreased on your success, a lesser man might of thrown the towel in. cheers Tip of the cap to you sir.
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Re: Another tribunal success

Post by uncreased on Thu Jul 06, 2017 3:57 pm

El-dudeareno wrote:Still well played Uncreased on your success, a lesser man might of thrown the towel in. cheers Tip of the cap to you sir.

Thank you. You can have a ride in my helicopter. And so can everyone else. Helicopter rides for everyone.
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Re: Another tribunal success

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