TO THE STATEMENT COURT OF APPEAL, 15TH AUGUST, 2017. 10.00AM
REF: SC 306 /16 / 000164
After 886 days of providing evidence to the Department for Work & Pensions, we have come to the Court to make the decision for them.
Within the 410 pages supplied to the Court, I can swear all the information, submitted by myself is correct.
It is complete and utter madness for the DWP to waste the Courts time in this way.
Taking nearly 2.5 years “out of my life” to satisfy their requirements will be concluded today - 2.5 years too late!
Should the Court favour my Appeal and place me within the Support Group and any benefits are back-dated – it will not solve my financial problems.
The “system” operated by the DWP will only work if both sides are honest with each other.
Therefore, I confirm I have told the truth during this period of 886 days.
Scrutinizing the small amount of testimony afforded by the DWP, I would state:
Page 12 - told Medical Assessment would take place within 13 weeks of my application - promise broken - 50 weeks later.
No investigations were made, during these 50 weeks, to the Gastroenterology, Urology, Orthopaedic ( Page 12 ), the stroke consultant, Mr. David Mangion ( page 26 ) or the Ophthalmology ( Page 20 partially sighted since November 2011) Departments.
Page 62 - Personalised Summary Statement
Completed by Dr. Ranjan Chowdhary – Registered Medical Practitioner and Approved Disability Analyst. Removing the “cut and paste” comments we are left with Page 62 (a) and by removing the factors which happened after my stroke of November, 2011 and my early retirement of December, 2012 we are left with Page 62 (b) :
He suffered from Stroke. He has seen specialist and investigations indicate irritable bowel syndrome for which he takes medication regularly. He has no certificate of visual impairment with him or at home. Observation and examination did not indicate any significant problem with vision.
In conclusion, Dr. Chowdhary “watered-down” my application too far. No mention of the broken pin left in my right ankle. No mention of the two scars left on my chest from the pacemaker operation. No mention of the stress which caused me to have a stroke. No mention of my two sons and my intentions to move closer to them.
The Pilgrim Hospital stopped treating me for IBS prior to July 2014 ( Page 216 )
In short his report was riddled with mistakes and omissions.
Reasons for early retirement were vision impairment – not allowed to drive ( Page 20 ) and lack of energy ( Page 21). Sell my home – settle the outstanding mortgage and move closer to my sons. ( AGAIN NO MENTION )
This incorrect information did not help me with the Mandatory Reconsideration. When the DWP claimed I suffered from depression and should re-apply. I have no history of depression - with two amazing sons, why should I ?
I did not have the contacts to get repairs completed on my home in 2013.
The tidal surge of December, 2013 caused extensive damage to the property. Renewal of the basement carpets, sofas, window shutter and the garden shed and its contents. The insurance company was very helpful and all the repairs were completed to good standard. Although, I was forced to live in my bedroom for six months.
Further assistance was accepted with the Government’s Repairs and Renewals Grant in May, 2014. Again, promises were made – repairs to window sills, new wooden flood door and window guards would be fitted before the first anniversary of the tidal surge.
Unnecessary delays were made by the local council and their contractors.
I continued to pay my ex-wife family support, until March 2015. When I was still waiting for the local council and realised I must get a job.
I raised my concerns with my GP, Dr. Anton Kiss – that I needed extra funds to help my family. At this stage he told me “you will never work again” and confirmed the statements of Dr.David Mangion of 2011 – “Have you considered early retirement”
Armed with this information I was happy to leave the decision with the DWP and wait the 13 weeks they indicated. Stopping the family support and not seeing my two sons every fortnight.
With the intervention of my MP, Mr. Matt Warman the Repairs and Renewals were resolved, early October, 2015. About the same time the DWP told me by telephone I was dis-allowed work-related ESA, because of my 40% share in a second property. Objections were made : “How do you sell 40% of something” “This property is held in trust and I have no authority to sell it” but this made no difference to this gentlemen, who said “not my problem”. Reverting back to Dr. Mangion and Mr. Warman, appointments were made to have my eyes retested and the Boston Jobcentre.
My eyes were re-tested in January, 2016 and confirmed the results of November, 2011 - no change.
Unfortunately, the “system” does not allow your grievances to be heard – the DWP are very good in stating the facts, but, not giving any answers.
Why did the DWP disallow the work-related group in October, 2015, yet still gave this option to the Appeal Court of July, 2016.
Why did the DWP say in March, 2015 “ I have no responsibility to my sons and I should stop the family support to their mother. Yet in December, 2016 I was told I should use the boy’s rental income to clear my debts.
Encourage me to re-apply in March, 2016, and claim I have depression.
Protests were made on the 19th April, 2016 and recorded. Mainly, centred on the false statements in the Medical Assessment and the Mandatory Reconsideration - no amendments were made and this incorrect information was passed to the Appeal Court of July, 2016.
All reasonable requests have been denied – no opportunity to claim employment in 2015 and no correct response in 2016 and 2017 to the reasons why I have provided the DWP with evidence, which they completely ignored.
Why did I complete the application form ESA50 ( Pages 10 to 29 ) and my NHS History ( Pages 30 to 40 ). Why did I attend the medical assessment on the 27th February, 2016 to have Dr. Chowdhary produce his worthless report. Why have I wasted 886 days providing evidence to the DWP? No purpose was serve.
Other points of interest are the copy letters attached:
Linda Foster – Initial Action Case Manager – Independent Case Examiner dated 25th January, 2017 - Day 684 - “ The DWP will response within their own timescales”
Lindsay Tickle - Acting Head of ESA Operations - DWP dated 9th February, 2017 - Day 699
This letter demonstrates the DWP’s very selective attitude towards the requests made: “other agencies” can only refer to the Upper Tribunal. The Independent Case Examiner “lodged” my complaint against the CHDA in October, 2016. ICE were still waiting final response from the DWP itself, hence “the frequency with which you continue to contact us”. Final correspondence with DWP.
Page 286 Day 683 - still waiting for copy of CD Audio Ref: HOTT NCB dated the 13th March, 2016 - DWP claims I said I was suffering from depression. ( Page 81 ).
Page 119 - Would the Court please give their permission:
“TAKE MY STORY TO THE PRESS”
Poverty is the worst form of violence. Mahatma Gandhi
APPEAL WON - NOW IN SUPPORT GROUP
DWP NEEDS 8 WEEKS TO WORK-OUT THE BACK-PAYMENTS - 1000 DAYS+
Written by
mospencer
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How does Lindsay Tickle and Mr Matt Warman, MP, justify their letters of 2017, against the decisions of HMCTS and ICE - does it warrant demands for £ 438.75 and 2 warning letters from the GLD? Duplication of “errors” does not make them right - their silence continues!!
The Upper Tribunal of January, 2017 corrected the "errors-in-law" for the first 2 years, with medical mandatory evidence of 2015 & 2016 - the remaining 6 years the former Head of Mainstream Operations, Lindsay Tickle, provided "Unlawful, Hearsay Evidence" and instructions to the local MP; ICE; GLD and HMCTS - denying the Trust Agreement of April, 2010 and the 365 day rule ending the 23rd August, 2015, with incorrect information / "concerns" my under-aged sons were seeing solicitors - relating to finances.
The "change of circumstances" was the placement to the Support Group, which the DWP paid from November, 2014 to August, 2020 - not claiming benefits whilst on state-pension - there is no authority to continue investigating my finances, without the reassessment of my entitlements - complying with 2nd Appeal Hearing of the 15th August, 2017 - into my disabilities, which I have suffered from November, 2011.
Her "co-operation" remains - the attached documents are another waste of time and resources of HMCTS and police - without the "censored and distorted" ICE Report of October, 2018 !
Jobseekers and Income-Related entitlements ended on the 23rd August, 2015 - declared in the "censored and distorted" ICE Report of October, 2018!
------ Original Message ------
From: "mo.spencer"
To: matt.warman.mp@parliament.uk; stephanie.dickens@parliament.uk
Cc: "David Mangion" ; "HMCTS Upper Tribunal" ; "Rt Hon Jacob Rees-Mogg" ; ascbirmingham@justice.gov.uk; contactcrime@justice.gov.uk; james.moore@independent.co.uk; ll-lincolnmcadmin@justice.gov.uk; patrick.butler@theguardian.com; postbox@leighday.co.uk; stephanie.dickens@parliament.uk
Sent: Monday, 20 Feb, 2023 At 18:26
Subject: Re: Death to the DWP's silence - November 2014 to July 2024 - 10 years of prolonged delays
Attached Mr Warman's letters of 2017 - like those of Lindsay Tickle, against the protocols of HMCTS and the ICE, investigations of October, 2016 to October, 2018.
------ Original Message ------
From: "mo.spencer"
To: matt.warman.mp@parliament.uk; stephanie.dickens@parliament.uk
Cc: "David Mangion" ; patrick.butler@theguardian.com; postbox@leighday.co.uk; stephanie.dickens@parliament.uk; james.moore@independent.co.uk; contactcrime@justice.gov.uk; "Rt Hon Jacob Rees-Mogg" ; "HMCTS Upper Tribunal" ; ascbirmingham@justice.gov.uk; ll-lincolnmcadmin@justice.gov.uk
Sent: Monday, 20 Feb, 2023 At 18:20
Subject: Re: Death to the DWP's silence - November 2014 to July 2024 - 10 years of prolonged delays
After 3 "bogus" claims for Income Related entitlements - October, 2015; April 2017 & September, 2017, without the correct notification, where are the "concerns" of the DWP :
My disabilities or finances.
Failure to provide reassessment of my disabilities.
Fraudulently back-dating the decision of the 6th March, 2016 to the 5th November, 2015.
Theft from state-pension, March, 2022 to May, 2023.
Disallowing entitlements when not payable.
Refusal to revoke the incorrect Injunction Hearing of the 14th July, 2022, based upon the "censored and distorted" ICE Report of October, 2018, withheld after the 14th December, 2022
Omission of the selection criteria, for the Support Group from the HCP's Report and the Full and Final response from the CHDA, October, 2016.
Rejection of the Mandatory Evidence, provided to them by the Upper Tribunal and the 2nd Appeal Hearing of 15th August, 2017 and the Statement of Reasons.
The former Head of Mainstream Operations continued harassment resulting in additional waste of public funds and time spent in the cells at Boston and Lincoln, without "just" cause.
After 8 years of investigations the local MP "concerns" are of suicide and depression - disproven by the 2nd Appeal Hearing of August, 2017 and 2 "invited" meetings by his Office Manager, Stephanie Dickens, September, 2019 and March, 2020.
Forced to sell the family inheritance, 1st August, 2019, the DWP does not acknowledge this or my period of employment, September, 2020 to October, 2022, when "Attachment of Earnings" could be applied, with the correct National Insurance Category.
The stupidity of these "errors-in-law" have proclaimed my disabilities ended when state-pension began and my sons are penalized for my application for Jobseekers - February, 2015 !
The relevant information / evidence is withheld from the 1st Appeal of July, 2016 and July, 2022.
This scandal is of the making of Lindsay Tickle - not accountable to the HMCTS - then I suggest the Secretary of State for Work and Pensions is or my local MP, if not PMQ's !!
Did the former Head of ESA Mainstream Operations write the ICE Report, herself - leaving her "post" - October, 2018 ?
Would the former Acting Head of ESA Mainstream Operations and her un-named successors plus the Executive Office Manager for the Member of Parliament for Boston and Skegness with others, like to Reconsider their Directions, after the invited meetings of September 2019 & March 2020 and their letters:
After reading the Full and Final Response from the CHDA of October 2016; the Redirection of the Upper Tribunal of January 2017; the Decision Notice of August 2017; the Statement of Reasons for Decision September 2017 and the Dismissal & Wrongful arrest of October 2022 plus the emails I have sent.
Most of letters in the name of the Member for Parliament are wrong - the Full and Final Response from the DWP was / is never in receipt. Invites were made, several times, but without this "document" the for applications to ICE & GLD are incomplete. The Skeleton Arguments ends September, 2020 - no mention of the "theft by instalments" 2022 to 2023!
Both the ICE and GLD followed the instructions of Lindsay Tickle NOT HER SUCCESSORS!
Would they like to thank my amazing sons for selling their inheritance on the 1st August 2019 under the demands of the DWP, October 2015. Do they consider the compensation acknowledged on the 31st October 2022 reasonable?
Lindsay Tickle's obsession with my claims for compensation are overshadowed by her denies to gain the CORRECT entitlements for my disabilities and "we" should sell our inheritance to pay for it - with or without the Trust Agreement of April 2010!
At the end of the day - our directions were dictated by the DWP and their Team Leader
A few thoughts on the implications of the United Nations report – Politics and Insights
Subject: At the end of the day - our directions were dictated by the DWP and their former Head of ESA Operations.
Attention of Deborah Coles - Executive Director - Inquest
" At the end of Day" - I quote from Lindsay Tickle's Impact Statement of November, 2021 - "I'm a civil servant paid to take care of our vulnerable customers"
The 1st Appeal of July, 2016 - not shown in the Skeleton Argument - had no need to know about the "Defendants Capital" - yet the Injunction Hearing of July, 2022, did ! Although, sold on the 1st August, 2019 !
The DWP searched the Land Registry October,2015 - but, the GLD didn't, October, 2020 - the start of their "monitoring" or at the time of the enforcement order of December, 2022.
Noting, Support Group component is back-dated from November, 2015 and short-paid!
I would seriously suggest - the ESA Appeals do not give Directions, regarding, finances.
Tribunal Judge, S D Ennals reputation is at risk - along with Mr Matt Warman, MP and the GLD' s Barristers.
To save any more embarrassment - before going public - what is the former Head of ESA Operations, trying to achieve in the next 12 months or is she clinging to her former status? Will the "Appeal" be heard this year or next year when restrictions are lifted, please ?
The Skeleton Argument, attached, "mirrors" the Censored and Distorted ICE Report of October, 2018 & July, 2022 - Hearsay Evidence of "our" finances and the Trust Agreement - not relevant, after the 23rd August, 2015.
The ICE Report, favoured by Lindsay Tickle and Stephanie Dickens, Office Manager, to Mr Matt Warman, MP at the meetings of September, 2019 & March, 2020 is now replaced by the "meaningless" Authorities Bundle, also attached.
Another FACT Tribunal Judge S D Ennals allowed Work-Related entitlements - August, 2016 and the DWP paid them from the 16th February, 2015 to 23rd August, 2015 - although, the Fitness for Work started 5th November, 2014.
One Application for ESA - February, 2015 - ALL the rest are "Bogus" without the need to assess finances. The skeleton argument reinforces the lies, it does not inform - there is NO mention of the CHDA; PHSO and the meetings with the local MP or his Office Manager or the start and end for each of the component, Jobseekers; Work-Related or Support Group. FACT, both Jobseekers and Work-Related ended on the 23rd August, 2015 - the Support Group, along with ESA entitlements, August, 2020.
My disabilities started November, 2011, they DID NOT end, September, 2020, when "awarded" state-pension.
The Government Legal Department, like so many OTHERS were / are informed of LIES NOT THE FACTS, START TO END - whenever that is !
Not consistent with the FTT Judge comments of the 15th August, 2017 - " We only deal in FACTS - not the Reconsideration Procedures" - "However, we have noted the letter from Lindsay Tickle and the insufficient "information" - issued by the DWP."
No Application - No Direction - No benefit entitlement !
Why did I take early-retirement and paid ill-health pension, December, 2012 - would the DWP please inform the HMCTS - it could make all the difference !
Why did the DWP, disallow Income Related entitlements, October, 2015, when not payable - make deductions from state-pension, March, 2022 to May, 2023 with the incorrect National Insurance Category - "theft by instalments" instead of the Attachment of Earnings?
Did the OTHERS feel threaten of losing their jobs, this 3,105 + day ?
Who pays the " COSTS " and "COMPENSATION" - the DWP - the former Head of ESA Operations or OTHERS ?
The "Office" of the local MP, for informing the DWP of our inheritance, after the meeting of September, 2015 ?
I thank my sons - they deserve sainthoods - but, knighthoods will do !
Full and Final Response from Vulnerable Customer before reporting to Lincolnshire Police - Most Urgent - Please forward to PC 987 Buttery Boston Police Station 23000605583.
The corruption of the former Head of ESA Operations, Lindsay Tickle and the Office Manger to local MP, Stephanie Dickens :
HMCTS SSCS Ref Number 1677 3291 7474 6852.
National Number YX 56 14 53 B.
National Insurance Number changed from Category B to C
after "theft by instalments" - YX 56 14 53 C.
"Flowchart" for Jobseekers; Work-Related; Income- Related.
Application 16th February, 2015.
(back-dated) to 5th November, 2014.
Ended 23rd August, 2015.
Meeting with Mr. Matt Warman, MP. 18th September, 2015.
Data protection - the Office of Mr Warman informs DWP of assets.
Disallowed Income Related due to Shared Capital, although not payable - cold-calling - 5th October, 2015.
P45 10th April, 2016.
.
"Flowchart" for Support Group.
W.C.A. ( ESA 50 ) 13th March, 2015.
( entitlements back- dated to 5th November, 2014 ).
Mandatory Reconsideration Notice 10th April, 2016.
( told to Re-apply with depression ).
1st Appeal 5th July, 2016.
( Under the Recommendations of DWP to be placed in the Work-Related Group - not payable - ended 23rd August, 2015 ).
Full and Final Response from CHDA, signposting to ICE. 4th October, 2016.
( rejection of mandatory evidence ).
Investigations by ICE October, 2016 to 23rd October, 2018.
( of Trust Agreement of 2010 NOT Disabilities of 2011 ).
Application to Upper Tribunal,16th December, 2016.
4th January, 2017, 2nd WCA scheduled for the 13th August, 2021.
( ESA ended August, 2020 ).
Redirection of Upper Tribunal 26th January, 2017.
( corrections of "errors in law " ).
Letter from Lindsay Tickle, former Head of ESA Mainstream Operations - wait for ICE Report - 9th February, 2017.
FINAL Decision 15th August, 2017.
( recommends entitlements to be reassessed 15th August, 2019 ).
Short-payment, paid from 5th November, 2015 NOT 5th November, 2014.
( 5th October, 2017 ).
Meeting with Mr Matt Warman, MP 5th November, 2018.
(after ICE Report).
Application to PHSO Nov' 18 to Mar' 19.
Invited Meetings with Mr Warman's Office Manager :
September, 2019 and March, 2020.
ESA Support Group ends August, 2020.
Certificate of Fitness for Work starting 6th November, 2015, remains "missing" ).
DWP's "Authority" ends.
P45 for Support Group, April, 2021.
Theft by Instalments, March, 2022 to May, 2023.
Investigations by GLD October, 2020 to December, 2022.
Injunction Hearings :
14th July, 2022.
3rd October, 2022.
31st October, 2022.
14th December, 2022.
23rd May, 2023. Evidence hand-delivered to Stephanie Dickens, Office Manager to Mr Warman. Refuses meetings and continues send e/mails and letters in his name. June and September, 2023.
2nd September, 2023. ESA Appeal revoke Injunction and Enforcement Order.
27th October, 2023.
Receipt of letter from ICE dated 15th September, 2023.
(via ESA Appeal ).
Includes Declaration signed M. C. Spencer and date retracted.
( May, 2019 ).
" Further to your letter regarding capital of 87 Sydney Street, please could you provide with evidence that your share of 87 Sydney Street is being held in a trust and cannot be sold.
Only "earnings" from property rental, may reduce the Income-related component of ESA, which ended 23rd August, 2015.
Property sold 1st August, 2019.
The Letting Agent annually provided the "profit" to the HMRC,
Rental Income less repairs & renewals; fees & commission.
The DWP searched the Land Registry, October, 2015, but, no other time
"Not in receipt of benefits" from September, 2020!
Paid ill-health, early-retirement pension, since December, 2012.
DWP informed with Trust Agreement - April, 2015.
The Scandal - the abandonment of disabled, who are declared criminals, whilst the scrounger is "awarded"
Thank you, to my amazing sons for selling their inheritance, without argument, otherwise I would not be here !
No notification to disallow Income Related entitlements, October, 2015, the Secretary of State and the local MP are unaware !
Waiting for the "Full and Final Response from the DWP" within their timescale.
Lindsay Tickle continues to waste time of Lincolnshire Police 23-12- 2023 and Stephanie Dickens impersonating local MP.
Confirmation of text messages sent this morning, 5th April, 2024 :
( End of the Tax Year )
To Lindsay Tickle 07900 898 802
Stephanie Dickens 07748 963545
" 9 years investigations and Lindsay Tickle & others have lost my disabilities and "our" inheritance - how could anyone be so stupid"
We would also confirm receipt from the ESA Appeal of 2023 1677 3291 7474 6852 Addition Z67 Pages 1 to 26.
The hand-delivered evidence to Stephanie Dickens on the 23rd May, 2023 - attached.
AND
The Statement from PC 987 Buttery REF 23000605583 on the 28th October, 2023 & her visit on the 23rd December, 2023 :
The Boston Jobcentre wasn't involved in this scandal is true :
The appointments with Tony Townsend DEA of December, 2015 & January, 2016 were
disallowed in the fraudulently back-dating of the 6th March, 2016
the 6th November, 2015 - his referral to the CHDA remains correct !
The DAY is drawing to close - please transfer funds !!
------ Original Message ------
From: mo.spencer@btinternet.com
To: looknorth@bbc.co.uk Cc: matt.warman.mp@parliament.uk
Sent: Friday, April 5th 2024, 18:48
Day 3336 - The Stand-off remains between my disabilities of November, 2011 - The Trust Agreement of April, 2010 and the letter of the 9th February, 2017, from the former Head of ESA Mainstream Operations
3336 days of Scandal ends TODAY ! Mr Matt Warman, MP is NOT involved !
------ Original Message ------
From: mo.spencer@btinternet.com
To: lindsay.tickle@dwp.gov.uk; matt.warman.mp@parliament.uk
Sent: Friday, April 5th 2024, 18:26
Subject: Re: Re: Day 3336 - The Stand-off remains between my disabilities of November, 2011 - The Trust Agreement of April, 2010 and the letter of the 9th February, 2017, from the former Head of ESA Mainstream Operations
Subject: Re: Day 3336 - The Stand-off remains between my disabilities of November, 2011 - The Trust Agreement of April, 2010 and the letter of the 9th February, 2017, from the former Head of ESA Mainstream Operations
Lindsay Tickle's Argument :
The HCP's Report of February, 2016.
Mandatory Reconsideration of April, 2016.
False Evidence to the 1st Appeal, July, 2016.
The Full and Final Response of the CHDA, October, 2016.
Lindsay Tickle's letter of the 9th February, 2017.
The ICE Report of October, 2018 & July, 2022.
The Skeleton Argument at the "invited" meetings of September, 2019; March, 2020
and the 4 Injunction Hearings of 2022.
The "hounding" to sell assets, starting October, 2015.
The Argument of the Spencer Family.
The Trust Agreement of 2010.
The WCA Application dated the 13th March, 2015.
The Trust Property sold the 1st August, 2019.
MY DISABILITIES OF NOVEMBER, 2011.
NO BENEFITS SINCE SEPTEMBER, 2020.
With the greatest of respect to the HMCTS - the Secretary of State - Mr. Matt Warman, MP - further investigations, including an Inquiry. did we give false witness statements to the Appeal Service, 2016, 2017 & 2023 and the 4 Injunctions Hearings of 2022 or did Lindsay Tickle & others ?
The fraud - theft - short-payments - wrongful arrest and time spent in the cells !
NO CORRECT RESPONSE FROM LINDSAY TICKLE AND OTHERS IN 3336 days !
THE TRUTH IS THERE IS NO FURTHER "SIGNPOSTING"
- THEY HAVE NOWHERE TO GO !
They have exhausted their feeble excuses and delaying tactics !
ANOTHER DAY IS FAR TOO MUCH - only added years to their jail sentence !
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