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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6172
Experience:  Solicitor
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This might be a little confusing, so please bear with me. I

This answer was rated:

This might be a little confusing, so please bear with me.
I want to raise legal action against an assessment company for giving me an incorrect assessment, employing an assessor that was not suitably trained or did not seek relevant information from appropriate professionals resulting in a loss of benefit that had to be reclaimed through first tier tribunal.
Ideally, I am looking to pay for the third party assistance received for advice and representation as well as the emotional hardship suffered while waiting for the tribunal.

Hello my name is ***** ***** I will help you with this.

What is it you want to know about this today please?

Customer: replied 1 month ago.
Bluntly, a company writes reports about people and gives those reports to the DWP, losing the individual their benefit. Later, these are proven to be incorrect and the benefit is awarded, but that can be 18 months later. Emotional distress of having to prove you are actually ill and that you really do suffer with what you have been diagnosed with etc. is never acknowledged and I heard from a Judge that any fees incurred contacting third parties for advice should be paid for by the tribunal.
I have no idea how to go about claiming nominal damages from this company, or how to recoup costs raised in the process of the tribunal turning the original decisions around.I don't want to mention specific names because if this is successful, it will cause a feeding frenzy that might have them shut down.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
I'm sorry, but that's the exact response already given to someone else on here... word for word.I would like information relating to how to recoup costs of third party assistance in relation to a first tier tribunal if that's the only information forthcoming.
We already know how to do an N1 form and the company has not only refused any correspondence, but they have also done their best to pretend the DWP is responsible for their reports.

You would need to show that the have been negligent.

In particular the three stage test Is

- they owed you a duty of care

- they broke it

- you suffered loss as a result.

That is the legal test which needs to be applied.

Does that clairfy?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. That gives me something to work on!

Thanks