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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Access to my medical records.


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Guest ian cognito

Just ask your doctor, mine where more than happy to go through mine with me!

 

If they're held at a hospital you need to approach them and it may be a bit more difficult but just because of time constraints (apparently they're busy people)

 

Interestingly, the Doctor who took over from Harold Shipman is launching a website where patients can access their own records on the web! Well done that doctor!!! He's hoping the whole NHS will follow suit.

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Guest ian cognito

Try the Secretary for your consultant, if you don't have a name or number phone the hospital reception and ask for the details first. These people are ever so helpful, especially if you ask for them by name!

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You have no right to access your medical records under the Freedom of Information Act 2000.

 

Any request for your records must be under the Data Protection Act.

 

The fees they can charge are slightly different:

 

If you wish to have a copy of your computer records, the fee is up to £10.

 

If you wish to have a copy of your manual records (either with or without your computer records) the fee is up to £50.

 

If you wish to view the records, they must have been "added to" in the past 60 days, and no fee can be charged*

 

*They will try and charge you a fee if you opt for this. I will give you the info as/when/if you need it.

 

Davjoh

Here to help!

 

Good with employment, disability and welfare/benefit questions :rolleyes:

Just ask!

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Hello

 

I am taking my Consultant to Hospital over a bodged surgery. My Solicitor sent the Hospital and my GP a Subject Access Request for my files. There is a standard cost for the release of this information of £50.00.

Hope that helps.

 

SLINKY

**WON** 09.11.06 MBNA No 2: £1876.28 Credit Card Charges

**WON** 25.10.06 CAPITAL ONE: £656.67 Credit Card Charges

**WON** 19.10.06 ABBEY NATIONAL (4524): £523.43 Bank Charges Claim

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Guest ian cognito

Yes I think tha may be the difference, if you want them to sue or complain, they will make it difficult for you (rather like the banks), if you just want a review, I know my doctor was certainly happy to do it and I spoke to my Dads consultants secretary on many occaisions. Hope you go on ok.

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Guest Battleaxe

You have a right for access to your medical records. you write a letter to the Complaints Manager cc'd to the Cheif Executive of the NHS trust outlining your problem and request a copy of your notes, as simple as that. we did this because of a Consultant trying to pull the GOD syndrome act. hell my husband had cancer and they right botched up his treatment, we got copies of EVERYTHING requested and these were in our hands within 28 working days.

 

Hope this helps.

 

PS I worked in the NHS in Post Graduate Medical Education, so if you want, you can contact me and I will talk you through the process

 

There is no charge for information and they provide us with CD Rom of all xrays, MRI's and CT Scans

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if its medical records from a hospital your after you could always contact the PALS (patient advice liason service) within the hospital. these people are duty bound to act on behalf of patients. They can give you advice on the best route to take in acquiring copies of all your notes. They normally work 9-5 mon-fri and can be contacted via the main hospital switchboard.

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Try PALS or speak to the practice manager of your surgery if the hospital are not forthcoming. The practice though should be in receipt of every discharge letter and outpatient letter resulting from hospital appointments. If the surgery say they aren't in posession it may be more to do with them not keeping the notes than the hospital not sending them in the first place.

 

With regards to Shipman's old practice (mentioned earlier in this thread), the GP who took over that practice felt there may have been some trust issues with the patients and wanted to make sure that the list he inherited knew everything that had been previously recorded - which is fair enough.

 

They use a HIPS portal (Health Information Portal Service), which is a PC that the patient can sit at and view the records. Some other surgeries have this. If not, ask your practice for internet access to your records. My practice have this thing called emis Access which allows me to log in with a password and I can then make appointments, request medication and see my records.

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  • 3 weeks later...

i know this is an old thread but Incase anyone is still reading for advice, Last year i needed to back track my GP records.

You write a letter requesting a viewing to the head of your local clinic. You will be given a date that you can change if inconvenient, you will then sit with another person in a room while you look through your notes, however. The Gp has a right to remove any information that they may feel is disturbing for you:confused: ( pointless). So make sure you ask has any information been removed. Then you ask why and on what grounds did they feel it necessary.

 

The computer system in my clinic started around 2002, so the only records i could see where the ones until that date but the person with me had a PC and also helped me translate writing and medical understanding.

 

You can also while looking through your notes, rip sticky notes an place them on the corner of each note you would like photocopied and they will do this for you before you leave.

 

I hope this helps.

 

I am now looking into legal action against a Neurologist at the BRI so I as yet have no advise on viewing hospital notes, but i see no reason why it should not work along the same lines.

 

BL:)

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Anyone any idea how I go about it. I understand that now, due to the freedom of information act I can do that. Unsure who or how to go about it?. Thanks.

I am on medication for epileptic seizures (which I haven't had in over 10 years) and used to go see the consultant every 6months or so.

 

About 12 years ago, I asked the hospital for access to my records, purely for curiousity. They gave me a form which I filled in and returned. It stated that I only had access to records after 01 Nov 1991. After about 3 weeks, I signed for the delivery of a fat envelope with photocopies of notes, and results of blood tests. They billed me after I had received the package, not in advance, a fee of £10 + VAT.

 

I'd had an MRI scan, and a couple of X-Rays and I didn't receive any info on those at all.

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  • 9 months later...
Just ring the hospital concerned and quote the Data Protection Act but warning they will most likely charge you for seeing them (normally about £10) but they cannot refuse

 

Not entirely accurate. The fees for a SAR under the DPA are different for medical records. The request should be in writing - the trust is entitled to verify the requester's identity (and shouldn't accept a request for confidential data on the phone anyway), it makes the start of the 'deadline clock' clear, and leaves the Trust in no doubt as to what is required.

 

I posted this info on an earlier thread:

 

1. The fee for a medical records S.A.R - (Subject Access Request) is £10 where the records are held electronically and £50 where the records are manual, or a mixture.

 

2. Many NHS Trusts use their own forms for SARs, and they may ask you to complete one of these.

 

3. Dept of Health/NHS policy is to deal with SARs within 21 days, though the Data Protection Act allows up to 40 days.

 

4. The time limit clock starts after they have verified your identity and any fees have been paid.

 

5. The fees aren't mandatory, but are the maximum that can be charged by law.

 

6. If you need your GP records, you will have to submit another S.A.R - (Subject Access Request) to the GP.

 

7. You are not required to give a reason why you want your records.

 

8. Most trusts won't release medical imaging films (e.g. x-rays), unless specifically requested, and they usually have to be returned. However, the reports relating to imaging would be included in a SAR. Realistically, unless the reason for the SAR hinges on imaging, there's probably not much point in having them anyway.

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I agree with the last post - I was manager of a hospital medical records department for 2 years, and everyone seems to be making this much more complicated than it needs to be! The process for getting copies of your medical records from a hospital is quite simple:

 

1) phone the hospital, ask for the medical records department, ask them to send you their form for requesting copies of your records.

2)fill the form in, send it back.

3) as the fee is to cover reasonable costs of photocopying etc., the medical records department should pull your notes, then work out how much they're going to charge you to copy them, up to £50 maximum.

4) they'll write to you asking for payment of whatever amount they've decided to charge you.

5) you send a cheque

6) they cash the cheque, copy your records, and send you the copies via recorded delivery.

 

The medical records department don't care if you're suing the hospital or anyone in it, they're not going to be awkward or obstructive, this is everyday business to them!

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  • 1 year later...

may i ask a supplementay question here please on this subject?

it says on many sites about this that the doctors etc have the right to remove things from your records in case they are injurious to you mental and or physical health, our problem is we are concerned that there are things in our daughters medical records that are actually causing the gp,s etc to have a strange attitude with her and have already said she can see them but may need to remove things, which seems to 1, under mine the whole point of it and 2, what evers in there is effecting the doctors attitude when dealing with her, which is why we need to see whats causing the problem, if you see what we meen? there is some background to all this , which i obviously cant go into here, we all have a history, we all make mistakes and have regrets, but we dont have to be forever labelled surely especially if its unfair and all the relavent info was,nt made available to who ever has acess to the records.

thanks

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If records have been redacted, or certain parts have been withheld because the Trust supplying the records thinks that either there is an exemption or that certain information may be uinjurious, and you disagree, contact the Information Commissioner. They will ceratianly explain all your rights regarding this situation, and will be able to assist in resolution, perhaps via a formal complaint.

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Hi, Doctors fees for medical records (photo copies) are £50 but they dont realy have to charge you anything, its at there disgretion but there not going to turn there nose up at a few pounds are they. xrays and mri are £10 as long as they are digitised normaly xrays are not if they are before 2004 but dont qoute me it depends on the hospital concerned,if you have problems accessing youre records from the hospital you have to speak to there legal dept as sometimes its the consultants that give the permission and only after they have removed what they dont want you to see,Not write is it but thats how it is.

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  • 1 month later...

so,does anyone know how far back they can go back with your medical records? if you were born in the sixties could you see your whole medical history back till then?,I always vaguely remember going to the hospital and having some hairnet thing put on my head,they must a been testing my brain or something!! lol,Id love to know what that was for!! lol

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I recently requested by mum's records from our local hospital and her records went right back to her first treatment, over forty years ago. If you want specific information, the hospital should be able to provide you with a Subject Data Access form to complete and you just specify the dates and the type of information you require. I think they can charge you up to £50. Do you not have any family members who recall what the hairnet was all about?

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taskmaster is correct - the access to medical records legislation is not completely in line with the data protection act as they are allowed to withold information and they dont even have to tell you if they have witheld any information

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Access to your medical records falls under the standard Data Protection Act. It would be unusual to be refused access to your data - although I do remember reading something where they can withhold information if it is likely to cause you mental distress or involve a third party who has not given consent. The more likely reason for not getting hold of your data is that the records have been mislaid/lost. Just think, once the NHS have computerised the data, we may all get the opportunity of reading each other's personal medical information without even having to ask. Be brave Citizenkain. Talk to your mum! It'll be cheaper and quicker.

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