Jump to content


  • Tweets

  • Posts

    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ESA medical UPDATE post #30


phil76
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4632 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

Link to post
Share on other sites

Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

 

Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

Link to post
Share on other sites

Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

 

Ok thanks for the info:-)

Link to post
Share on other sites

Hi everyone,

don't be put off , I had an esa medical by ATOS in february last year, I was and still suffering with severe back problems and due to have surgery this month. I suffer with spinal canal stenosis and scoliosis of the spine together with misplaced discs which gives severe back and leg pain with instances of pins and needles and numbness in legs, back, and groin.

The medical was a farce, the doctor would not look at any off my medical notes from my doctor or neuro-surgeon, he just asked a few questions .

he then asked me to lie on a couch and lift my bad leg which i couldn't without his help and also to squat down and then rise and i had to ask for his help because i was in agony.

He ignored my request to put spinal stenosis on his report.

He put backache and said it was easier to understand.

Needless to say in may I received a letter from the esa saying my benefit would stop and was fit for work

I appealed and asked for a copy of my medical report which scored me zero, and was full of conflicting evidence, missing out my symptoms, the tablets I was taking etc, he even said that he had done a thorough medical of my back.

I didn't even take my sweater off because i wasnt examined.

I sent the appeal back together with my notes on the medical report and lo and behold I was denied again and told if I wanted to take it further it would be a tribunal.

So I did and game them the same medical evidence I had and was told the tribunal would be in november but eventually a date was given for february 9th this year.

I passed this time with a score off 18, at the medical it was 0 and was told all extra money due to me from last year would be re-imbursed which is around £1000.

So if you have any medical evidence whatsoever, from doctor, surgeon, physio etc send it in to the tribunal, ask your doctor as well to write a personal letter on your behalf and forward that to the tribunal as well.

All I want now is my spinal operation and to recuperate and i now know the esa won't be on my " back" every few months.

I will get regular reviews after the operation but the judge at the tribunal said it would be through my surgeon and doctor

 

good luck everybody

 

John

Link to post
Share on other sites

  • 6 months later...

Hello everyone dont know if you remember me but i suffer with anxiety and depression had this for a while now and had my first medicak back in january i think it was,had another medical last week and this time have failed :( this has really made me feel really low again,im going to appeal because i still suffer the same problems,do you think i have much chance of winning appeal and will i still get any money while appealing? thanks

Link to post
Share on other sites

Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received.

 

It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day.

 

Without more info, its impossible to say - all we can say is we're here to help.

Link to post
Share on other sites

Do they not realise by stopping people's money they make us feel alot worse than we already do? I already have high anxiety/depression without worrying about my money being stopped and now I feel alot worse because of the letter I received today :( :(

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...