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Sali

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Everything posted by Sali

  1. Mrs Hobbit, how lucky Mr Hobbit was to have you caring for him. I don't think you are grumpy for complaining. Hopefully, people like you will be the catalyst for change and improvement in the system and service provided. I think you do highlight though, how important it is to always question and challenge.
  2. Planner, I never envisaged a LA style court case. However, so easily an issue that could have been resolved by compromise, ends up in a messy county court claim and counter claim, stretched out over months and sometimes years. Who wins (well, really there are never any winners except the lawyers) often depends on what the judge had for dinner the night before. Best avoided. Happily the OP doesn't have to tread that road now.
  3. I can only suggest you call Shelter to see if they can offer you any advice. I would suggest an appeal and maybe a judge on another day would find in your favour. The law is so fickle. However, you have probably spent much time, money and anguish on this issue already. What is the point of having a law on protecting deposits when it is not upheld by a court?
  4. Interesting Mrs Hobbit (I would love to think that this is your real name). So, are you sayng that the company that provided your dodgy locum was TCN? How many days, months, years before the death of Mr Gray did this occur? It is laudable that your GP was upset at your 'near miss' that afternoon but what did he or she do to ensure that it didn't happen again...but then it did happen again, didn't it? And this is the cause of my wrath. I do know that there are very good, hard-working doctors and nurses, but I am just having difficulty seeing them through the mist of my own (and others) bad experiences.
  5. Does the tenant really want to end up in a court battle over this? It will be costly, messy and time-consuming (something which the tenant says is already in short supply right now) and there is no guarantee that the tenant will win. Come to some agreement with your LL, even if that means you are absent for certain viewings. Perhaps you could arrange for a friend to be present instead. You want them to understand your dilemma, but you need to understand their position too. Compromise will always be better than the courtroom.
  6. I cower in fear at the thought of ever having to enter a healthcare system where the organisations that SHOULD exist to protect and defend me are so, so lax. There are so many questions to be answered around the Dr Ubani debacle, but we can be sure that nobody within the healthcare system's walls (and I include that ugliest of government departments the DoH here) will ever ask them and anyone outside of their fortification will find themselves banging their head against it, on a hiding to nothing. I do not believe that knee-jerk decisions made off the back of any disaster are a good thing. However, I am a little tired (no, I'm a lot tired) of hearing again and again of systemic failures in the healthcare service, albeit the wording a little altered each time, resulting in suffering and death. And so the story repeats. Where's the 'learning?' Whilst the profession may recoil at more governance, it seems blindingly obvious to me that they are not able to regulate or monitor themselves. I don't want a system that relies on targets and tickboxes...or even AWCs, but I do want one that is open and transparent when investigating failures and mistakes and one that treats the 'victim' fairly. If there is to be trust, there has to be accountability. I am also sickened by the way the few whistle-blowers who have dared to raise their heads above the parapet have been treated by the GMC, NMC etc. The CQC have rather belatedly criticised (nobody brought to book though) Take Care Now, that 'for profit' company. I'm sure this is a great comfort to David Gray's family and the other patients that Dr Ubani maimed that day and the other near misses that this company had been involved in the months preceding. It seems to me that the healthcare service has been issued with a license to kill - unfettered by the legal restraints imposed on the rest of society. The generation that saw the birth of the NHS were one that thought of doctors as God; never to be questioned or challenged. Well, I don't believe in God. However, just like Pandora's box, I have to have a little hope.
  7. Mrs Hobbit, I just did a double take. Dr Ubani is suing the family of Dr Gray? For what? For exposing him as an incompetent fool? Negligence? A murderer? I am sure the outcome, if the case is brought in a British Court, will favour Dr Ubani. Some how his 'human rights' will have been abused and Dr Gray's family will incur huge financial costs. Well, I hope those involved in healthcare who allowed this situation to even arise, are hanging their heads in shame....although I doubt it.
  8. Mrs Hobbit, yes, how typical, the damaged patient or the bereaved relatives are left to mount their own legal action, whilst the useless, pathetic half-wits that allowed this gross failure to happen carry on without penalty. The company Take Care Now (the GP consortium) has been dissolved, but I'm sure those doctors are still working with the NHS. Never mind recording and videoing consultations. We as patients need to be running our own checks on the competency of the medics employed to treat us as we clearly cannot rely on those that are paid to do the job. The 'where's there's blame, there's a claim' culture only exists because the very organisations that should be protecting and supporting us - in the case of the NHS that is the CQC, the GMC, the Ombudsman et al - are such abject failures. Let's see a few heads rolling. It should concentrate the minds of those left behind on patient care. News and events | Anthony Collins Solicitors | Day 1 - inquest into death of David Gray
  9. Nolegion, I confess I had to look up the word 'proctalgia' and lol. Such a delicate way of putting it! Yes, I won't be holding my breath about the implementation of legislation on this matter. Today, I have even less faith in the government's plans to give power to the GPs. I had previously read the inquest notes for David Gray, the poor patient killed by Dr Ubani from Germany, and was outraged (I am no longer surprised) that everyone involved thought it was the responsibility of others to check this doctor's competency. Take Care Now, the company that employed Dr Ubani, seems to have been a consortium of GPs who had 'won' the contract to supply out of hours cover and a nice little earner it was too. They pretty much presumed he was good to go because the GMC had registered him. (Are there still any members of the medical profession out there who think that the GMC is staffed by anything other than stuffed shirts, who show little common sense or logic in their decision making)?! The PCT did very little to investigate this man's medical background or even check whether he was competent in English. Concerns raised by non-medical staff at the practice on the day of Mr Gray's death were not acted upon. Dr Ubani's induction was cut short because the staff member (another doctor) allocated this task was called away. Dr Ubani was encouraged to return home when his mistake was known, because some dullard in the healthcare authority thought he would cope better with his family were around him, never mind that he had depleted another family of their father. This country certainly seems to favour the criminal and never the victim. The GMC has banned Dr Ubani from practising in the UK. Well, Bravo! We can all sleep easy in our beds now. I have not heard that one person has been made accountable in this sorry affair. My faith and confidence in the NHS and the connected organisations went AWOL a few years ago. I have said that I will only willingly enter my local hospital if I am unconcious. Stories like this are unlikely to change my view.
  10. My understanding is that you have 3 years to make a complaint from the incident. However, why not contact the AVMA or a no win no fee lawyer to get their opinion? You have nothing to lose.
  11. Shallowthought9, I hope you are as good at medicine as you are at prose. I think the government needs to provide clear rules (not just guidance) on voice and video recording during consultation/treatment. Those of us who haven't had many happy experiences with the NHS would probably favour voice recording, but would not want to risk being open about it incase of refusal and the possible impact on our own or our loved one's care.
  12. Yes, your LL has broken the law by not protecting your deposit and you would be entitled to take him to the county court for 3x your deposit. However, don't expect it to be a quick or a straight forward procedure. Even if you win your case, your LL may appeal or start a claim against you for damages. You have said that there was no inventory. The onus should be on the LL to prove damage and provide receipts for cleaning. If your LL had abided by the law you would have been able to take advantage of the TDS dispute resolution service. Even if the court finds in your favour, the LL may not pay up and you will have to pay out to enforce the judgement. Your best option is to be as reasonable as possible and hope the LL is too. So for example if he says you need to pay (from the deposit) for the carpet to be professionally cleaned, accept this. The balance of your deposit should be returned within 14 days of the end of tenancy. It seems to me reading other posts, that the law needs to be tightened up to ensure that once a CCJ is made, the court ensures that the 'loser' pays up in a timely manner or suffers the consequences of bayliffs or the like. And remember the next time you rent a property, ensure that you have an independent check in inventory signed by both parties and that your LL notifies you within 14 days that your deposit has been protected and by whom. Double-check to make sure that this is the case and act immediately if not.
  13. Move! Move as soon as you can. No contract, no address for the LL (he can easily change his bank), no inventory, no protected deposit or even proof that you paid it! What were you thinking? I agree with the previous poster; this guy sounds like a housing benefit fraudster.
  14. Cases like this remind me what a failure this country is. Once a CCJ has been won, the 'loser' should have 14 days to appeal, pay up, have their assets frozen or face a custodial sentence. No excuses. Those that create these laws have alot to answer for. Nothing has changed since Dicken's day. Access to justice remains the domain of the rich. If the LL's 'counter claim' goes to court, will he be able to prove damage? Was there a signed inventory carried out by an independent party? If not, I'd not pay for a solicitor, but go along and defend myself with any witnesses who can corroborate the 'state' of the property on start of tenancy. Even if you win, however, you will have to fork out to enforce the original CCJ against the LL and whose to say how long that will drag on. What a bloody mess this country is!
  15. I would also point out that if your deposit had been protected as per the law, you would have had the opportunity to take advantage of the dispute resolution service over the 'alleged' damages.
  16. As a LL I would say that your LL is trying to intimidate you. It is for the LL to prove that you as the tenant caused damage. If the inventory does not list the state or condition, then the LL is on hiding to nothing. You just have to stand your ground and argue that this was how it was when you started the tenancy. How is the LL to prove otherwise? That is why it is worthwhile paying for a private, independent co. to do a proper check that both parties sign, which the LL pays for on entry and the tenant pays for on exit. Provide information to the court on your own claim. Ring them up if you are unclear on what they require. If your LL does take you to court, (and I doubt this very much), then be prepared to defend yourself. Enlist your witnesses. I can understand how stressful this is for you, but don't be a victim of this bully. We want to be rid of LLs like this.
  17. I would look at the contract you signed and see what it says regarding viewings at end of tenancy. It's usually 24 hours notice, unless it's an emergency, but this could be a message on your ansaphone or a note dropped through the door that you may not pick up immediately. Whilst I do sympathise with your situation, the LL probably cannot afford not to re-rent the property. Considering your current circumstances, have you thought of offering to stay (and pay for) on a couple of extra months - or have you a new property already lined up? It would take the pressure and stress off of both parties.
  18. I haven't read the White Paper, only heard bits and pieces of it on the news and certainly nothing related to the original subject of this post. Whilst I agree that the NHS needs changing in many ways, I am worried that these proposals are changes for changes sake and that the reorganisation will bring no improvements, only a hefty bill for the taxpayer and totally demoralised staff on the front line. I understand that the GPs are at the coal face and therefore should be better judges of where money needs spending, but people change when budgets are the issue. Let's not forget that the GPs went along with the PCTs' decision to offer them (well certainly some PCTs, my own amongst them) 'bonuses' for not referring patients to hospital. An average practice could make up to £20K a year in this way. What I really want is an independent complaints process, which PALS today certainly does not represent. What is the use of touting patient choice when we cannot make informed choices because hospital hide their mistakes and failures. So many times it has taken months and months before we learn the truth about a hospital - Mid-Staffs being a prime example. What makes me so sick about this country is that we have known terrorists demanding their human rights, when our elderly and vulnerable in hospitals are frequently suffering because there are too few nurses to care for them. Where are their human rights? I sometimes feel as though I tripped and fell down a rabbit hole into a nonsensical world.
  19. Sali

    maths please

    I'm sure there are many subjects that you know in greater depth than me honeybee. I tutor sometimes in IT and I have always found this site to be really useful. It's free and well written. Microsoft Excel 2007 Tutorial?Free & Online I suspect the moderators do not know where to move this post either. Awwah, we are doing no harm.
  20. An Agent will not represent a LL without a contract, so it will very much depend on the contents of that. I know that my contract firmly places the responsibility of the deposit with the Agent. I'm presuming they pick up the interest on the money. However, I suspect (it's never happened to me) that the tenant takes the LL to court. If the LL finds that the Agent has not acted according to their contract, he/she would have to counter sue the Agent. Messy business.
  21. I think it always good to have other points of view, but I wonder if they would hold the same opinion if they were put in a similar position. Think if your neighbour saw you lightly slap your child for example and reported you to social services. How would you feel if they then interfered in your life, questioned your ability as a parent? Would you just see it as them doing their job or would you be mortified and humiliated? Yes, there are good reasons to call in social services in certain circumstances, but this scenario, from the facts we have, was definitely not one of them. Social Services seem to be stretched to breaking point already, without adding unnecessarily to their burden. If - and it's a big IF - the medics were purposely over medicating the OP's wife to protect her, then why did she get 'assessed' in this condition when logically, considering the side-effects of AEDs, the results would so obviously be defective? Is it possible that one lady (we don't know what role she had) was unilaterally allowed to refer the OP's wife to social services, without any discussion with the OP, other members of staff caring for the patient, with the consultant or neurologist? There's something rotten here. Poor communication is certainly one of them. My bigger worry is that there is an ignorance of epilepsy in the general medical population (outside of the specialists) and the drugs used to control it. I do think the OP should make a formal complaint. I would like there to be an investigation to review processes and procedures dealing with patients with epilepsy and if there have been failures to ensure that they are not repeated for this or any other patient. Theoretically, this is how we improve services.
  22. Sali

    maths please

    So your formula would be =SUM(A1*B1) or whatever the cell reference is. There is also a handy site that does this for you and displays the uptodate rate. Currency Converter - Expedia.co.uk
  23. Oh, and keep all your paperwork - receipt for Recorded Delivery, copies of correspondence etc - you will need this if you end up in court.
  24. I would say yes, as you have no other address. Is this a pukka high street letting agent? If so, it is very 'odd' that your letter is returned - I think the post office try to delivery at least three times. I'd probably alter the address on the letter to the LL's name, c/o Agent's Name. If you can deliver by hand with a witness, get the person's name you deliver it to. If they say they are no longer the agents, can you prove otherwise? Are they the agents for the people who took over your flat?
  25. Is it near enough for you to deliver by hand. Write BY HAND on the envelope and try to get an independent witness to go with you when you deliver it. You also mentioned an Agent in some of the original posts. Make a copy of the letter and address the envelope to them. Again by hand with a witness. Both of them cannot deny receipt. The Agent will be duty bound to act.
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