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?

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????

I'm sure they also have to sign something to say that the information they've given is correct?

 

Oddily, I complained (see my thread) and was told to provide evidence that they provided false evidence. The numpties (and I'm being polite here) did that themselves.

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.

Which criminal act are you going for, AD?

 

HB

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.

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.

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.

http://www.advicenow.org.uk/pip-tool?gclid=CjwKEAjwtqe8BRCs-9DdpMOilBoSJAAyqWz_1qZOk1z0Q-h-fq_N0wYvD022X9V24kAXZdSjyJ_YVRoCSM3w_wcB

 

You're emailed the template letter. It's not saved anywhere online if you're worried about your privacy.

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.

There is a template letter (free) on advice now, I think it is. Can't do links on iPad. Shall post it later.

Thanks

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.

Raise this issue with your local MP, seriously, hammer them and demand they explain why the sick and disabled are still being persecuted by this government.

 

Secondly, the fact that they are not on the GMC register isn't surprising at all, yours is the second case I have read where an unregistered HCP has carried out an assessment and then fabricated the report in order to remove the social security from the claimant.

 

Criminal possibly, morally wrong, most definitely!

 

Did they, the assessor claim to be a Dr?

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.

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.

Just phone up the number on the PIP decision letter and tell them you want them to send you their assessors report as you are going to submit a Mandatory Reconsideration based on the reasons you feel you should be awarded PIP. You will be shocked when you read the report as in all probability it will be totally contradictory and pre-programmed repetitive sentences. It takes about a week to arrive, so don't delay as you only have one month from the date of the original decision to return the Mandatory, include any fresh evidence you may have and challenge what you disagree with on the report (do not tell them that you have recorded the assessment). You then wait for their decision. It may be a positive outcome and you will get awarded PIP.

 

If not you then have one month from a negative decision in which to Appeal, telephone them and tell them you are going to appeal. The link can be downloaded https://www.gov.uk/pip/appeals You can read the notes on how to appeal on this link and use the form to appeal. First of all the Appeal is reassessed again by the DWP before being sent to Tribunal.

 

Hope this information helps. Not sure if DLA is re-instated, maybe someone else can advise this.

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.

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?

Have a look at the CAG Link Here: http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

DWP SAR look here: http://www.consumeractiongroup.co.uk/forum/showthread.php?406188-DWP-Subject-Access-Request-From-(SAR)-**Updated-March-2014**

On the first link where on the form do i need to indicate that i want sight of the assessors report, thanks in advance.

DWP SAR is free.

Ok thanks for that havinasstella, i will probably go down the DWP route for the report.

First have you asked for the Mandatory reconsideration? Have you asked for a copy of the report of your assessment? You need to do this so you can go for an appeal.

No i have not asked for a mandatory reconsideration yet Sparks i got the decision last Friday but for what it is worth and to follow the process only i will ask for their mandatory reconsideration which i assume would be based on the fabrication of the facts giving by the lying assessor so i will not be holding my breath but just following their process.

DO NOT let them know you have a record of the sham interrogation.

 

Simply report the fake assessor to the medical council, lodge a formal complaint with your local MP, and demand that they explain why they are content with persecuting the sick & disabled of this country.

 

Demand a copy of the report, if needs be send the DWP a SAR, which is free, and becomes a pain in the rear for them to do so.

 

You need to attack them in the right way, showing your hand now will NOT help you, keep a copy of the recording, this will be the ace up your sleeve if needs be.

 

You don't want the assessor to retract their statements, you want them to further incriminate themselves so you can have them struck off.

OK thanks for those valid points it is appreciated and i will follow what you have suggested and in the interim ask for his report but i am not going to pay the £10 fee for what is a pack of lies through SAR am i right to assume that going through the DWP they will have to produce the report??

No i did not get permission to record the assessment, my wife recorded it, all seven minutes of it which clearly shows the assessor has lied through his back teeth.

I will invite the assessor to retract his allegations and on the provision that i have personal data by way of a recording that demonstrates he has giving a false and misleading misrepresentation which he has knowingly disclosed of being A FABRICATION OF MEDICAL FACTS.

I want to report him immediately and i am in the process of writing a letter of complaint to The Medical Council as this type of action is not only immoral it boarders on him being a criminal.

Well IMO they're going to be very hard pushed to have suddenly cured you and kicked you off this.

 

What level of DLA were you receiving, and how long for?

 

You can appeal thei decision, obviously, and lay down the facts etc, if you recorded this covertly then DO NOT inform them of this, simply transcribe the whole hilarious debacle, and then you can rebut their 'report' which we all know is simply tick boxes, lodge a formal complaint about the assessor too.

Thank you for your reply Bazooka Boo.

I was on the low rate DLA and my wife was also being paid as she has to look after me however my condition has got worse as well as having a heart condition after suffering two heart attacks i now have angina, since my last assessment.

If that was an examination to determined whether someone has a disability or not you could not make it up it was as if the assessor had already made the whole story up and wrote his report before seeing me for seven minutes.

He needs reporting because whilst i know i have a disability i am sure people with far more of a disability than me are being treated the same which is quite worrying tbh.

Who do i need to report the assessor too because this is not right.

Just been informed that i will not be getting this benefit, i am currently in receipt of DLA.

The decision and reasons has been based on a seven minute examination and what has been alleged to have taking place in that period of time is complete and utter made up rubbish.

Luckily for me in a sense is that i had a witness my wife who taped the whole seven minute examination which is at complete odds with those giving by the [removed] person who Atos used to examine me.

Might send the footage to the media and expose just how and in under ten minutes the government are relying on this practice and in particular claiming parts of the examination which have been used as a means of stopping this benefit without actually carrying out such process which as far as i am concerned is criminal and very misleading.

Makes you wonder how many other disabled people are losing any rights that they have based on a fabricated report from Atos :mad2::mad2::mad2:

Bazza, I'll leave the clinical diagnoses to those qualified to make them.

 

It just saddened me to read that a difference in opinions led to the op becoming derisive and using playground tactics to illustrate his assumed 'win' over the evil that is freely given advice.

Opinion and fact, assumption and evidence, maybe's and did happen, work it out or ask someone who is qualified to make them, and to mock as to earn brownie points "clinical diagnoses" in your attempt to justify what you feel, which is irrelevant, says it all.

I have thanked those who have giving me clear constructive advice, as for those being objective, for the sake of being objective, they were of no use to me nor my daughter, quite the reverse.

My "obsession" is with your daughter succeeding, and the risk you might mean she didn't recover anything or got less than she was due.

If she has secured recovering her judgement sum : all is well.

 

I'm glad she has got her compensation, and your obsession with Mr Smith and the judge hasn't interfered with that to the extent she got nothing.

Wasn't it £17k+ though?

Where did the extra 4K go?

 

The 13k came from the company / Mrs Smith?

This is what we've been telling you to focus on!

"Judgment coinciding with assets, enforce, sorted"

: glad my advice sunk in eventually.

 

At least now we don't have to try to get you to see sense re: judicial review, equality of arms, and any other legal buzzwords you have tripped over on the internet

Your advice and as for it sinking in, had no bearing on the conclusion on of the case, however, if you want to pat yourself on the back and pretend your contribution were of any use, i wont stop you, if that makes you feel important.

As for being tripped over the internet, lol, ive giving clear constructive answers and reasons why those "buzzwords" and why a JR, If i could be bothered, could be implemented and proved, the Judge failed to a standard that was owed to my daughter, and because of his failings (negligent actions) and but for me representing my daughter, she would have lost her case and any compensation gained.

But of course, in Barrys world, them nice judges would never act in this way and will always act in the interest of justice, whilst being paid by the tax payer who the judge is accountable for, and hence why a JR is an option of establishing judges who fail to show an equality of arms as to benefit one party, and put the other party in a weaker position as was the case in this case.

Bazza, please.

 

So, do you now accept that judicial review is inappropriate whilst you haven't appealed?.

All that time and effort (across 3 threads) arguing, which you could have used to move your daughter's case forward, getting help here if you started providing the relevant info.

 

How do you try and get the outcome you are asking for? (n.b., this still may not be in your daughter's best interest if it is changing your existing judgement) : Not judicial review if you haven't appealed. Which hints at the correct route to take.

 

A bit like when you were asking which the outstanding questions were ... the answer was there if you:

a) read back, and

b) are willing to open up to the advice offered on the thread(s!).

 

I'm not sure you'll get far with claiming the judge has behaved improperly

 

If you are discussing opinions vs. facts, it appears these are your opinions, but no judicial authority has yet agreed with you, and you may not make yourself look entirely stable.

 

You are better with "an error of law was made because....." and "an error in decision regarding fact was made with ......"

(I do hope the "....." doesn't prevent you from accepting the opinion, since you previously highlighted my use of "..........")

 

Why explain this by malice / corruption (noting that you haven't yet produced any evidence of this beyond "the judge didn't agree with me"). when it would be explainable either by:

a) judge's error, not malice, or

b) Andy's errror.

 

2 parties to litigation. At least one won't get what they want, and if everyone who doesn't get want they want claims "that the judge has behaved improperly" ; Does this mean the whole judiciary is corrupt? No, I suggest it is more likely that it is just a reaction of someone not getting their way (absent other proof!)

 

You haven't produced proof beyond "Andy didn't get his way, so the judge must be corrupt!"

Andy did get his own way though Barry, Andy got justice for his own daughter, and WON her the case for her, made even sweeter by beating a bottom feeding solicitor at his own game Andy has just secured a nice little compo award 13k plus, and if Andy could be bothered, would if bothered show the judge in the case, is on a par with Mr Smith, a corrupt little no mark, who when and if challenged by someone with morals and respect for a lady, would be outed. Above all, your obsession with me and the very fact that i have got under your skin, Mr Know-it-all, just puts the icing on the cake :) xx

The answer lies within GM's post. It is a shame you haven't thanked them for their contribution.

Wrong again Barry, the answer does not lie with GM, thank you GM for your input, appreciated.

Thanks for your advice, Ericsbrother and Steampowered.

I am not contesting the tribunals decision, I am contesting how the assigned judge dealt with the case, regardless of the judgement, but for the cross examination during the trial the judgment would have been different.