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Thank you for your answer which is accurate. Your previously

Customer Question

Thank you for your answer which is accurate. Your previously helped me with my my problems with Pensions which was sorted out without going for Judicial Review as they have no accepted me as UK resident.

My problem remains for my claim for a back payment of my wife's pension claim which they paid from the time i applied in 2009 but cannot back date from 2006 when I became Pensioner. I know thier rules do not allow that but i found a case of another Pensioner whose MP stepped in and Pensions paid him backdated from 1990. I argue that I was ill advised that till my wife do not come to UK she could not claim therefore my evidence to that is that I claimed as single in 2006 and not for my wife. I sent them the copy of the precedent ccase which Pensions have not disputed in reply to my apeal. I am seeking compansation that Pensions took so long that my wife passed the 29 November final date to apply for Spouse visa without English language certificate which cost me on the end last year £18,000 in my ravel costs,to keep her in another City with children,college costs and Lost profits as could not do it on her own with children and in another City.
I have submitted my reply and on 16 May I will attend the appeal tribunal on my own. Please read my reply and give your answer to my chances and advise if I have to use some other points to defend Pensions. Many thanks XXXXX Courts & Tribunals Service, Social Security & Child Support



BETWEEN



Appellant



AND



The Pension Service, AppealsTeamTyneviewParkNewcastle Upon Tyne NE98 1BARespondents







Affidavit







I, Mohammad Din, the appellant, solemnly and sincerely XXXXX XXXXX follow:







Some of the facts, and grounds stated by the Respondents, Pension Service now on known as "IPC" are disputed and I reply to its response as follow:







Section 3, decision from IPC.







IPC has not disputed the precedent case of Mr Walter Graven, by IPC, I am entitle to have my claim backdated from my 65th birthday as I was residing with my wife in Pakistan. The reason I could not claim earlier was that I was mislead to believe that I could not claim extra for my wife in Pakistan and exhausted my savings like Mr Walter Graven. I claimed as single is enough to show I was ill advised that I could not claim for my wife till she comes to UK, therefore the date on section 3 of the IPC should be from 6.2.2006.







Section 4 the Facts given by IPC, 5. Is denied







IPC wrongly accused me for not replying, as it said,



“Enquiries were made but no reply was received”.



IPC wrongly submitted letter , in which she refused my claim saying I did not reply to IPC. IPC used it with intent to mislead the Honourable Appeal Tribunal because IPC did not disclose the letter of 13 May 2010, Ref VM 93546,in which he got my letter of 13 February 2010,which was not attended as Maureen Pearson was on leave says,







“Thank you for your letter of 13 February 2010, which was addressed to my colleague Mrs Maureen”.







On 24 March 2010, I sent 50 pages of documents required by IPC, completed forms, declarations, exhibits, medical certificate of my ill son, photocopies of my passports, my ex wives’ divorce certificates, my UK Citizenship, my Original marriage certificate of Bushra Din in Urdu and translation in English, my affirmation of divorce, wedding photographs of Bushra Din, and some copies of IPC letters by Courier Services from Lahore/Pakistan.







On 13 May 2010 Mr Dough Loughton sent further questionnaire and forms BF 195 in relation to my previous marriages, misconceived mmarriages in UK and in Pakistan. The Officer also wanted the divorce issued from Abbottabad Union Council and court judgement in relation to the misconceived marriage to a British widow Pension Claimant in Lahore/Pakistan were also required by IPC.







I travelled to Pakistan but could not find any record which was some 12 years old, because the judges moved or died, my ex solicitor and my ex attorney were dead.



I replied to in detail. IPC had all the necessary documents, explanations from me in May 2010. IPC could have completed my claim. IPC was able to ask the British widow Pension claimant and the help of British Embassy in Islamabad. Eventually I received a phone call from IPC asked me the address of that widow in Lahore which it should have done on the first place, could have saved me my jouney to Pakistan and time. IPC did eventually used British High Commission to confirm my verbal divorce from Union Council Abottabad/Pakistan.



IPC wrongly treated my marriage polygamous and refused to accept verbal divorce pronounced by me on 3.8.2003 for my first wife as I was able to so as I was domiciled there according to the law of the Country and Region.I affirmed the divorce on 4.3.2009 to satisfy IPC and said,







"As result of prolonged separation and failed reconciliation attempts, I divorced in Pakistan under section 8.8 of UK family law act 1
Submitted: 1 year ago.
Category: UK Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.

Thank you please try the senior partner, I hope he may be available on weekdays

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. I am afraid I am not able assist you with this. There may be other experts who are able to do so so I will opt out
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 1 year ago.

please find an expert. Please try ING who may understand my question now Thanks

Expert:  Fran-mod replied 1 year ago.
I have notified INC that you would like him to answer your question. He will see this when he next checks his email.
Expert:  INC replied 1 year ago.
Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

Hi,

Unfortunately, I know little about Pensions and would be unable to assist you with this, although I am more than happy to assist with any Immigration or Property related questions.

Kind regards
Customer: replied 1 year ago.

Thank you now time is short so I put my questions more easy for you.


 


1. I sent a precedent case of a Pensioner who was paid back dated can I claim the this case in my favor.


 


2. I declared the divorce took place in 2009 in the Pensions questioner but asked me to send in writing which I sent my affirmation of the date of divorce in 2003 but the document was prepared in 2009. Pensions accept the date this affirmation was prepared but not the date it confirms. what is the legal position.


 


3. If Pensions taken unreasonable time, some 2 years to validate my claim, which caused me to loose money, can I claim compensation. Is appeal Tribunal has the jurisdiction to award compensation.

Expert:  INC replied 1 year ago.
Hi,

Because I am not familiar with this area, any response provided would only be an educated guess.
Customer: replied 1 year ago.

ok thank you I get back to just answer


 

Customer: replied 1 year ago.

Please refer it another expert,INC said he cannot do it

Customer: replied 1 year ago.
Relist: Incomplete answer.
INC cannot do it find another exper urgently
Customer: replied 1 year ago.
Relist: Incomplete answer.
INC cannot do it find another expert urgently
Customer: replied 1 year ago.
Relist: Other.
ING said he is unable to answer outside his area
Expert:  Fran-mod replied 1 year ago.
Hi, please understand that it’s rare when we cannot find the right professional. However, as one of our valued customers, you are more than welcome to ask another question. Please accept our sincere apology.
Customer: replied 1 year ago.
benefit. The judge said he has no powers to make Pension pay a state benefit backdated more than three months.I referred him to a precident case in which Pensions paid backdated. On that point he said tht there is not simmillarity to that case. i think I got him as I beleive he has discriminated me. That means that he had the powers to accept a recedent case. Can I go to upper tribunal,would they have more powers. I had a claim of compansation against Pensions,he said he could not deal with it as it is outside his jurisdiction. i beleive Pensions have been responsible for the excessive delay in dealing with my claim which caused me losses . What I should do. Is Judicial Review wold have more powers.
Customer: replied 1 year ago.
The judge said he has no powers to make Pension pay a state benefit backdated more than three months.I referred him to a precedent case in which Pensions paid backdated. On that point he said that there is not similar to that case. i think I got him as I believe he has discriminated me. That means that he had the powers to accept a precedent case. Can I go to upper tribunal,would they have more powers. I had a claim of compensation against Pensions,he said he could not deal with it as it is outside his jurisdiction. i believe Pensions have been responsible for the excessive delay in dealing with my claim which caused me losses . What I should do. Is Judicial Review wold have more powers.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
Please ask another expert
Expert:  Fran-mod replied 1 year ago.
I am sorry, but we have exhausted our efforts to find another professional for you. Your question is presently open to all UK legal professionals and site researchers.
Customer: replied 1 year ago.
thank you for trying, I will amend my question and resubmit to you

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