Hi, the tribunal is completely separate from both the data protection issue and the complaint against the assessor. For the tribunal grounds we have kept to the reasons the decision was incorrect due to evidence not being taken into account and so on, as per the B&W site guide. The Assessor complaint is via Atos and the data protection has not been fully planned out yet, but will also not be linked to any tribunal proceeding. Looking at the template here (thanks mazoo) we have done it in the correct way, so please don't worry that I have just written a big rant direct to the judge or anything It is more the data protection bit I could do with advice on, as it all seems a bit complicated and I can't find info on what to do when you already know there has been a breach. Sorry if I'm seeming dense to anyone, but I'm already drowning in paperwork and don't have the best mental health myself- finding more information is just one thing more than I can handle this week.

What is a WRO? We are appealing because the decision made (PIP) was completely wrong and doesn't reflect any of the evidence provided or what was written on the form. The decision has been entirely based on a completely inaccurate assessment report. We have also made a formal complaint about the assessor (to be clearer, the claim is my daughter's but because of her MH issues I have dealt with paperwork throughout). Already done MR, now at tribunal stage.

My email to Atos CS has been answered, they are going to take my complaint about the assessor via email. I will check out the data protection complaints procedure separately. Thank you!

Hi, I have discovered today that the DWP and/or Atos have sent some letters to the wrong address- two appointment letters and a copy of a PIP assessment report. All 3 (and possibly others) were sent to the wrong house number, about 30 houses down. However other letters, such as the PIP decision, did come to the right address. I only found out about this because the person who received the report asked my neighbour if they recognised the name on the assessment report! What is the most effective way to complain about this? I am currently going to tribunal about the PIP decision, but think this is a separate issue as the letters going astray has not affected the decision maker's reasoning in any way. However, it did mean that my assessment was not recorded, as I only found out about the appointment a couple of weeks before the date when I called for an update. There was no time to arrange recording then and I decided not to put off the assessment as I had already waited ten months for a date. If the assessment had been recorded, I would not be going to tribunal now, as the assessor would not have been able to get away with writing an extremely inaccurate report. Additionally, if I hadn't called Atos to find out what was taking so long, I wouldn't have known about the appointment, missed it and presumably been thrown out of the system. So this definitely needs to be dealt with properly.

I think replacement is the best bet- another housemate has already been replaced that way. They actually just put an ad on Gumtree that time and the LL was fine with that- she just wants the rent. They are jointly and severally liable for it, so she gets it either way. How likely is it that the guarantors are actually bound to anything?

First of all, apologies to anyone who might feel we're being unethical or otherwise trying to get out of a contract unfairly. My son's best friend recently took on a tenancy in a house share after a long period of sporadic homelessness. Since then, she has had a complete mental breakdown and is living with her boyfriend's family and with us while undergoing intensive therapy (4 times a week). She has attempted suicide on multiple occasions and can't be left alone at all, even in the bath (which is why the two families are dividing her care between us). There is no question but that she is very seriously ill and the professionals dealing with her case agree that it will be some months before she makes any major improvements. Now she is on SSP and is getting some housing benefit, but it is not enough to pay the full rent. This is partly because it's been extremely difficult to get the HB people all the paperwork they need and so they are basing her award on her previous pay right now. I'm hoping we can get that sorted out this week and that they will accept her reasons and award backdated payments. It will still be more than £100 a month short though, based on our LHA rates. She still has about 8 months on the contract for a flat she can't live in and now can't afford. Her boyfriend's parents agreed verbally with the landlady to be guarantors, but did not sign anything at all. Is there any chance of her being able to end the contract early, bearing in mind that she was already becoming ill when she signed and does have a long history of mental illness? I realise this may seem unfair on the landlady, but the alternative is spiralling rent arrears and court, which would also be a lot of hassle for her! Obviously, no one would expect the deposit (1 months rent) to be returned.

Yes, I'm quite happy with it. We'll keep all the paperwork very safe though! Thanks so much for all your help.

Okay! Received both first letter and the revised letter asked for by my husband today. First letter is vague as expected. The second letter says: "I advised that under normal circumstances, as part of the balance is being paid to settle the account, the credit file entry would be noted as closed under 'Partial settlement'. We have given your request for the entry to be noted as 'Satisfied' on receipt of the agreed payment further consideration and will now agree to show the entry closed as 'Satisfied'. We can also confirm that the account will remain with our company on its closure; the account will not be sold to another company." All good?

Cheers, I will do that

Husband has rung them today after a chat with me and told them their letter will need to state that the account will be marked as settled on my credit record and that they will not pass the debt back to BH or to any other third parties. they read the current one (not arrived yet) over the phone and it was too vague for our liking. I will say that so far they've been pleasant and reasonable over the phone.

I will do. My husband is really pleased as well. We'll always wonder what their letter said though!

They sent another letter today, but I literally have no idea what it said, because the dog got to it before we did :/ But my husband rang DLC up and after a lot of to and fro and talking to management, they've agreed to a final settlement of £61. They'll be sending a letter, so I'll update then and make sure it's all watertight.

Okay, that's good to know and have told my husband too

Yes, we got letters of assignment. They wrote back yesterday to acknowledge our failed CCA request letter. How much do you think we should be looking at offering?

Oh and yes, the offer was made to BH a few months ago.

Its £257.23 to be exact I will get him to hold on until they reply to the failed cca letter.

The letter was sent on the 21/10. Now, my husband is getting very stressed about this and wants to make an offer to pay an amount before Christmas. Assuming I can't stop him before we get any more paperwork, how much should we be offering and will they expect us to lowball them (so refuse the first amount on principle) or should we offer the full amount we can pay from the outset? I know there are various stages to go through ideally, but if he gets very stressed he will just go behind my back and do it anyway, probably wrongly!!! According to my reading, the debt does become enforceable once they do provide the proper paperwork, so what is the ultimate goal of stringing things out for now?

I won't do anything without checking back here. As far as I know, the BH debt shows as permanently 'more than 6 months in arrears' as although we have always made regular payments the older, full payments still show up as late. Other than that, my record is clean.

Once the letter you recommend is sent, where do things go from there? Having read the McGuffick case, it seems they can still ask for payment, send default notices and even begin court proceedings, so is that the point to offer a full and final sum? Thanks for all your help and sorry for all the questions!

We sent it recorded and anyway, they replied so can hardly deny having it! Okay, will look at the library, thanks.

They are saying that if they haven't had it from BH within 21 days they will contact us again- how does that fit in with the 14 day window, and when would the 14 days begin please? because if it would be from the date they received our second letter with the PO attached, they've already had them!

Right, after a hiatus because DLC first said we didn't need to pay for the agreement, then sent a reply demanding £1, we've had a letter back saying they are waiting for a copy of our original statement. A couple of questions- first, they say that if they are unable to forward a copy of the original agreement they will be able to "supply a true copy of the document which will comply with section 77-79" of the CCA. Is this a different document or...what? They also refer to a ruling 'McGuffick V RBS' which states that 'the bringing of proceedings is not enforcement', and this includes demanding payment. Again, I'm not sure what this means in real terms or how it's relevant? It all sounds like empty vague threats to be honest.

I do have an up to date statement from BH. Have sent the letter recorded now. Thanks for your advice, I will update when I know what's happening.

Right, sending the request for credit agreement etc and have added a line telling them not to ring us and communicate only in writing.

Hi, Yes, the letter says it has been assigned to DLC. Should I write to ask for the copy of the loan agreement first off?