andydub64
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Good Evening, Can a defence be relied upon under CPR if it is later established that there was no contract/agreement in place? In short the defence would be based on a misrepresentation and the Court accepted the defence on the provision that there was nothing to suspect or the otherside withheld the evidence that would show this to the Court are they not basing their defence illegally because to rely on that defence the facts or more importantly the basis of the defence is on the provision that all was in order when in fact this was not the case?
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I have made application to have a summary judgment set aide and a date and order has been giving. On the same application i also stated that i wanted the case thrown out. There is no mention of the application to throw the other parties claim out on the judges Order it just referes to an application to set aside summary judgment. Can i still request the claim being thrown out as this has not been indicated on the order????
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That is good to know, i will be requesting that and a signatory from the CEO at Atos that they are happy with the assessment report despite being told the whole stitch up has been recorded. I wont wait for them to give me the right to appeal, i will just go to the relevent people who advocate and accept false medical evidence, its a crime, full stop as far as i am concerned. I have looked at your thread Nystagmite and it looks like you have been treated in the same way, a pack of lies from a pack of wolves robbing the needy to pay others.
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Giving false and misleading information is a criminal act, and i think this was covered and introduced under the Care Bill a few years back. Not sure if Atos or the assessor could be liable under the Act if it is proved that the report that both have relied and submitted is false and misleading which i feel was the case. Just looking at the Act now, any input to criminal charges would be appreciated if that avenue is open. Something needs to change because no-one seems to be accountable for how they rely on fabrication bxxl**** as if this is accepted a par to the course.
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I am going to initiate a private criminal prosecution against Atos who are aware of the misrepresentation made by one of their employees but have ignored my concerns.
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I think the whole system and in the way it works is unjustified, unequal and needs changing. The Claimant should surely have the minimal rights to be assessed by a qualified doctor as opposed to some to an unqualified Health professional who not only can write and claim what they feel should be reported and they are not accountable for their actions any qualified doctor who are bound by the GMC would not take that risk or at least be more less likely to fabricated the medical condition of a Claimant.
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Thanks for that Nystagmite i have sent an email requesting. I have also now sent asking for the DWP to consider a mandatory reconsideration of the decision, when can i appeal because as i understand matters it is one month from the decision letter does the reconsideration and the time for reconsideration come into play. I asked the PO for recorded delivery on the letter containing the mandatory notice but was told because the DWP had provided a freepost address this was not possible.
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Thanks
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Now in receipt of assessment report and as expected full of lies but at least i have those lies in evidence now. The assessor profession has been listed as a Physiotherapist, the evidence consisted and was based on PIP questionnaire and the consultation started at 10.39 and finished at 10.59. And if by magic several tests were carried out which included five rounds of serial sevens which covered test concentration, memory and thinking and i consented to a physical examination, that is news to me as no physical examination was ever carried out, quite the reveres.
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Bazooka Boo i have written to my MP today. If as Honeybee13 is correct and the same rules apply and a person with a few weeks training can do this as opposed to someone who has obligations under the GMC as should be the case there is no deterrent to fabricate a medical report and not even bother to carry out a full and proper medical assessment. When you consider that i have both physical and psychological problems you would have thought a Claimant would be able to rely on a person who has knowledge of both as opposed to the Atos method of dragging someone of the street putting them in a Travel Lodge for ten days and qualifying them on a fast track course and on a par with the qualifications needed to obtain a first aid qualification, it beggars belief.
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On further information and whilst trying to file a complaint with the GMC they have said that the name Atos have giving and the male who carried out the medical is nor registered with them as this would be on their system and a reference number produced? Could it be that in their haste to get as many disabled people off this benefit and the volume of claimants being assessed that both the DWP and Atos are now employing ghost doctors not qualified, if so again this is completely flawed.
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Hi, yes i have just telephoned them and they are going to send the assessment report. They asked what grounds was i appealing on and informed them that the assessors report is fabricated and evidently could not be completed in seven minutes as was the case. They have giving me two numbers as to identify who the assessor was and i have informed them that i am making an immediate complaint against him on the grounds on gross medical misrepresentation which would not only be in my interest but also in the interest of the public who have funded this fraud of an examination. I am also seriously considered Court action against his employers if they fail to act and intervene accordingly as again giving who has funded this assessment out of the public purse, again why should the public be responsible as to pay for what is just plainly corrupt.
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Is there a template on CAG that indicates the Claimant wishes to the decision not to award PIP is to be assessed on the Mandatory Reconsideration as i want to get things moving now. Pending the mandatory reconsideration process and any subsequent appeal hearing by a Tribunal if a Tribunal is needed what is the rules on payments for DLA, are they automaticly stopped or does the Claimant continue to receive DLA until the Tribunal is adjudged and determined?
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On the first link where on the form do i need to indicate that i want sight of the assessors report, thanks in advance.
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Ok thanks for that havinasstella, i will probably go down the DWP route for the report.
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