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4 months 4 weeks ago #292824 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Subject Access Request
Hi Anji
I'm sorry that you don't have a record. Make sure that you inform the tribunal that you requested a recording, which Capita failed to make. I'm glad you have your notes, and yes, I would contact the Tribunal. The usual response is they will give the DWP more time. It may not make any difference, but if they do give the DWP more time, I would add to your evidence a comment about the added and avoidable stress that the DWP are putting on your son by not adhering to their duty in terms of sending a response in the time requested.
BIS
I'm sorry that you don't have a record. Make sure that you inform the tribunal that you requested a recording, which Capita failed to make. I'm glad you have your notes, and yes, I would contact the Tribunal. The usual response is they will give the DWP more time. It may not make any difference, but if they do give the DWP more time, I would add to your evidence a comment about the added and avoidable stress that the DWP are putting on your son by not adhering to their duty in terms of sending a response in the time requested.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jorvick88, Wendy Woo, Anji
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4 months 3 weeks ago #292845 by Wendy Woo
Replied by Wendy Woo on topic Subject Access Request
Hello Anji,
If you do hear from the DWP before the tribunal, make sure you keep notes of that conversation, too. When this happened to me (speaking on behalf of my son as his appointee), I was surprised to find, when we received the paperwork, that their notes about that phone call, which formed the basis for the new decision, did not quite correspond with the answers I had given (at least, not according to my notes). As we were happy with the new decision, I didn't want to rock the boat by questioning this, especially as I didn't feel it was anything other than a genuine misinterpretation which might occur in any conversation. (Or maybe a typo.) I'm just a bit worried that it remains on record for future decisions, but we will cross that bridge when we come to it.
I feel that so many of the problems with this deeply flawed process hinge on one person's understanding (or lack of it) of what another is saying.
I'm still keeping my fingers crossed for you.
Best wishes,
Wendy
If you do hear from the DWP before the tribunal, make sure you keep notes of that conversation, too. When this happened to me (speaking on behalf of my son as his appointee), I was surprised to find, when we received the paperwork, that their notes about that phone call, which formed the basis for the new decision, did not quite correspond with the answers I had given (at least, not according to my notes). As we were happy with the new decision, I didn't want to rock the boat by questioning this, especially as I didn't feel it was anything other than a genuine misinterpretation which might occur in any conversation. (Or maybe a typo.) I'm just a bit worried that it remains on record for future decisions, but we will cross that bridge when we come to it.
I feel that so many of the problems with this deeply flawed process hinge on one person's understanding (or lack of it) of what another is saying.
I'm still keeping my fingers crossed for you.
Best wishes,
Wendy
The following user(s) said Thank You: Anji
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