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I need a JR any ideas

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  • #16
    Re: I need a JR any ideas

    If you go through your MP, it may be enough to get the DWP to sort the whole mess out.

    Even if the MP is not the candidate you voted for they are still there to represent you. An email should be enough

    Comment


    • #17
      Re: I need a JR any ideas

      Originally posted by charitynjw View Post
      https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1

      PRACTICE DIRECTION – PRE-ACTION CONDUCT AND PROTOCOLS


      Introduction

      1. Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims. They are approved by the Master of the Rolls and are annexed to the Civil Procedure Rules (CPR). (The current pre-action protocols are listed in paragraph 18.)
      2. This Practice Direction applies to disputes where no pre-action protocol approved by the Master of the Rolls applies.
      Back to top

      Objectives of pre-action conduct and protocols

      3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

      (a) understand each other’s position;

      (b) make decisions about how to proceed;
      (c) try to settle the issues without proceedings;
      (d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
      (e) support the efficient management of those proceedings; and
      (f) reduce the costs of resolving the dispute.


      Imho this would include participating in any complaints/grievance procedures as applicable before going to court.
      Judicial Review is a little different to the country courts as the remedy is to try to change the state's decision (ie DWP's), it's not an automatic remedy as there is no guarantee the decision would be changed except that a senior decision-maker makes a reconsideration. Op could get this just by phoning, emailing, faxing, writing to, the regional supervisor for DWP. Contract DWP and ask to contact a decision maker. Businesses for example apply for the judicial review if the council won't grant them a licence or renew etc, especially a club that loses 1000s. Judicial Review is rather expensive so I do not know how judicial review would assist the OP anyway. I have studied judicial review and JR is just the wrong avenue. The best options are above as Kati indicates.

      Comment


      • #18
        Re: I need a JR any ideas

        Originally posted by charitynjw View Post

        Imho this would include participating in any complaints/grievance procedures as applicable before going to court.
        Originally posted by Openlaw15 View Post
        Judicial Review is a little different to the country courts as the remedy is to try to change the state's decision (ie DWP's), it's not an automatic remedy as there is no guarantee the decision would be changed except that a senior decision-maker makes a reconsideration. Op could get this just by phoning, emailing, faxing, writing to, the regional supervisor for DWP. Contract DWP and ask to contact a decision maker. Businesses for example apply for the judicial review if the council won't grant them a licence or renew etc, especially a club that loses 1000s. Judicial Review is rather expensive so I do not know how judicial review would assist the OP anyway. I have studied judicial review and JR is just the wrong avenue. The best options are above as Kati indicates.
        I agree
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: I need a JR any ideas

          Originally posted by charitynjw View Post
          I agree
          Hmm not country courts either hmm ha ha

          Comment


          • #20
            Re: I need a JR any ideas

            Originally posted by Openlaw15 View Post
            Hmm not country courts either hmm ha ha
            No, JR - not sure what you mean?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: I need a JR any ideas

              Hi I've read all your comments .Firstly

              No appeal was given by right in 2011 when the giro cheques were issued and complaint raised .The letters do not state any rights to appeal to anyone. The letters contain a tear of bank giro slip to be paid at the bank/post office. They state an amount no reason no dates etc.

              The DWP placed an attachment of earnings on the wages of an employee without establishing the burden of proof .As the giros had not been cashed (fact), the process should of been to investigate through the audit trail and find out ,they did not do this at all. Instead they placed an attachment to earnings and wrote to the employers telling them to take money from wages .The fact that they maybe committing fraud , by taking money to which they are not entitled and have never been its needs a JR and potentially police involvement.

              The ICE (independent complaints examiner) has told us that they are months behind and you cannot go to the parliamentary ombudsman without going through ICE first. In the meantime they continue to demand money and even threaten with debt collectors ...

              Comment

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