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  1. Are the Text message appointment reminders for job seekers allowance appointment reminders, automatically sent? Thanks
  2. The appointment of a receiver(s) can be effectively challenged by scrutinising the terms and conditions of the mortgage and the contents and form of letter or deed of appointment. The appointment document must be executed in accordance with the relevant statutory provisions, which may include any or all of the following: The Law of Property Act 1925 s109(1) – Must be under ‘his’ hand The Companies Act 2006 s44 – Execution of documents - Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 31 The Law of Property Miscellaneous Provisions Act 1989 s1 – If made by deed of appointment, although even if the appointment is not affective as a deed it may still be affective as ‘under his hand’ In practice this means that the letter of appointment must be signed in accordance the Companies Act 2006 s.44 and be signed either by: Two authorised signatories A director in the presence of a witness, who attests the signature By a person authorise to execute documents on behalf of the company under a power of attorney , in accordance the Power of Attorney Act 1971 If the letter of appointment is not properly executed the appointment is void and the ‘lender’ and any receiver(s) acting under the appointment are liable for damages. The next thing to check is whether the appointment is in accordance with the mortgage deed, for example if the appointment document appoints two receivers to act jointly and severally, but the mortgage only allows for the appointment of one or more receivers and does not stipulate that they may act jointly and severally then the appointment is deemed ineffective and void. The principle that the Lender is obliged to appoint receivers in accordance with the Mortgage is accepted and applied by the courts throughout the common law world. The Bank purports to appoint Receiver(s) without the aid of the courts in pursuant to its contractual rights under the Mortgage with the Receiver's authority being derived directly from the Mortgage. Therefore the receiver has to be appointed in strict compliance with the terms of the contract between the parties (mortgagee and the mortgagor). Since the receiver's authority is derived from the mortgage under which he is appointed, an appointment is not valid unless it is made in accordance with the terms of that mortgage. This principle has been recognised by the leading commentators (Receivers and Administrators, Kerr & Hunter; and The Law of Private Companies (3rd Ed, Courtney). Lynch-Fannon Corporate Insolvency and Rescue (2nd ed.) has noted that "the penalty for non-compliance with the formalities for the appointment of the receiver is that such appointment is void". She also observed that non-compliance with formalities of appointment amounts to an abuse of process. In Wrights Hardware v. Evans (1988) 13 A.C.L.R. 631 the Supreme Court of Western Australia, the deed of charge authorised the Chargee under clause 4.3 to “appoint in writing any person to be a receiver or receiver and manager ... of the mortgaged premises" and under clause 4.4 "in addition ... appoint in writing any person to be an additional receiver or receiver manager" who had “full powers and authority to exercise all or any part of the powers expressed to be conferred on a receiver appointed...". The Chargee had in fact appointed the defendants “jointly and severally to be receivers and managers" of the plaintiff. The plaintiff sought interlocutory relief restraining the defendants from acting as receivers and managers on the basis that the appointment was invalid, there being no power in the charge to appoint receivers and managers jointly and severally. The defendant argued that the proper construction of the charge authorised the appointment of joint and several receivers and managers or, in the alternative, the appointment was nevertheless valid insofar as it authorised the defendants to act jointly. The Supreme Court of Western Australia held that the relevant clauses could not have the meaning contended for by the defendants and granted the injunction. Franklyn J. emphasised the importance that the terms of the debenture be complied with by stating: "I am satisfied that the relevant law applying to the appointment of a receiver or receiver and manager, and receivers or receivers and managers pursuant to the charge is as follows: 1. The manner in which a receiver is to be appointed is prescribed by the debenture deed, in this case the charge, and must be strictly followed…” I am aware that many mortgagees are appointing two receivers to act jointly and severally, when in fact the terms of the mortgage do not permit the appointment of receivers to act jointly and severally; any such appointment is void. If the receivers appointment is void, then the receiver(s) are trespassers and liable to damages for trespassers and if they have sold your property they are liable for conversion and/or trespass with conversion. The lender may also be vicariously liable for trespassers and conversion, and liable for breach of contract. Even if the letter of appointment is valid, receive(s) will routinely act outside of the scope of their powers, and as such commit acts of trespass. Unless the power of the receiver(s) are extended by the terms of the mortgage, the extent of the powers of the receiver(s) are limited to those derived from the LPA 1925 s.109(3) – (8). This means that unless the powers of the receiver(s) have been extended the receiver(s) may not: Grant tenancies, or leases Accept the surrender of tenancies or leases Bring possession proceedings unless it is in relation to rent Market or sell the property Although under s109(3) mortgagee may delegate powers to the receiver(s), on my reading, the mortgagee can only delegate its own powers to the receivers and cannot delegate the powers of the mortgagees and this would make the receiver the agent of the mortgagee. So unless the receiver(s) powers have been extended by the terms of the mortgage the extent of the receiver’s powers as the agent of the mortgagor are limited to those stipulated in the LPA 1925 s.109(3) – (8). If the receiver(s) exercise any power that is delegated by the mortgagee, then the receiver becomes the agent of the mortgagee, and the mortgagee becomes a mortgagee in possession.
  3. You just couldn't make some of this stuff up, Why is this man who is also 60years old and registered Blind even being mandated to submit to the F2F farce WCA ? What is the point in it, He is extremely unlikely to ever regain his sight ,? So apart from it benefiting Maximus in another fee they can charge the DWP it's a waste of tax payers money this is an example of how flawed the system in place is http://www.mirror.co.uk/news/uk-news/blind-man-benefits-axed-after-9380033
  4. Hi all. A friend of mine has had his DLA stopped because he missed an appointment for a Health Assessment. He knew nothing about the appointment because for some reason they were sending all correspondence to the wrong flat in the house he shares. When someone moved in to the empty flat, the letters were unnearthed. This was unfortunately a couple of days after he was meant to have gone to the assessment. He then recieved a letter (wrong address again) saying his DLA is stopping, and his claim for PIP was denied. All because he never turned up for assessment. He telephoned last month and explained the problem to the DWP, they changed all address details to the correct address, and said they would put it to the claims manager to be dealt with. He was meant to get paid today (if he was still getting DLA) but nothing went in his bank. He has rang them and a rather rude man said it's still waiting for a decision on the claim to be made. A decision was already made as they had sent a letter stopping his DLA, and refusing PIP. But that was not his fault. Should they not still keep paying him his DLA (which he was originally meant to get until the year 2020) until they ask for another Health Assessment? I think it's a bit cruel since they were sending his letters to the wrong place. Please help.
  5. I have an appointment tomorrow morning at 9am,(universal credit) which I had changed to because my last one was cancelled for some reason. I do casual work here and there I got a text a few mins ago reminding me that I have training (counter terrorism training) at 9:30am - noon at my casual job, I completely forgot but if I phone up UC now they may refuse or sanction me. Should I call up now or in morning?
  6. Hi My name is Khadija I have been recently been informed by my dentist due to two missed appointments they have now terminated my dental care. The latest appointment I take full blame as I got the dates mixed up, however my first missed appointment this year was due to an accident I had that made it unable for me to attend. I called to explain why I could not attend and they understood and informed that my first missed appointment will not go against me. I have spoken to the Dental manager who has been looking into the matter and today I recieved an email without a detailed explanation that I now have to look for an alternative dental care. They also sent me a letter stating that within accordance to NHS regulations the surgury can now stop my treatment. I have checked the NHS website and the decision to stop any treatment is the sole decision of the surgry andnot the NHS. Being a patient at my surgury I do not recall ever being informed or having a copy of the surgury's policies. It seems so unfair to me that being with them for 5 years and having all my children at the same surgury the decision to stop my care is very irrational and hasty. Is there anyway I could pursue this further please because it I feel the dentist is more concerned about their numbers as opposed to my health. Please advice and thank you so much
  7. Hi, on the 13th August I was referred to Ingeus by my JSA Advisor and told to expect a call off them. On the 15th August I had a severe epileptic seizure caused by stress and was given a sicknote for 12 weeks by my doctor. He thinks, due to me being severely depressed and prone to more seizures, that I should be on ESA. I closed my claim for JSA on the 17th and opened my claim for ESA on the same day. Later that day I had a letter from Ingeus telling me to attend on the 27th. There were no mentions of sanctions or anything like that, but it caused me to become very agitated. I called the number on the letter (their general enquiry number I think) and the man, without asking for any details, told me I still had to attend. Is this correct? My JSA claim is now closed and my ESA claim is being processed. I've never met nor spoken to Ingeus before, so do I still need to go? I'm very ill at the moment and this might make me worse I fear. Obviously in 13 weeks if they put me in WRAG, that's a different situation but right now I am very ill. Any info on this would be very very appreciated!
  8. Hi All, I've just got off the phone to my dentist after wanting to book an appointment, only to be told I can not have any appointments as there is an outstanding bill of £28 from 2009! This is the first time I have been told of any such outstanding debt with the dentist. The receptionist has stated that the reason for the outstanding bill is due to myself being charged the wrong Band after treatment. I was charged (and paid for) band 1, but they have stated I should have been charged band 2. Can they refuse appointment and any treatments based upon their clerical error, especially without having no contact of the debt and the age of the debt being 2009?
  9. Hi there, A year ago I took out a product with Buy as you view. I have had no problems and have paid religiously by DD every week. This week I returned from holiday to a letter saying the DD had been cancelled (my fault I was cancelling several DDs at once online before i went away). this means that the payments have mounted up to £89 owed. Due to the holiday and not realising they hadn't gone out I rang Buy as you view to advise them I could meet the back log in payments on my next payday but would continue to pay the weekly amount every Friday until then so I don't owe more. they said to do this I had to arrange for the area manager to come out (which I did for next Thursday) to reset my direct debit up rather than by phone. this evening having got home from a long day, feeling unwell and with a small child in the house and one on the way a Buy as you view rep bangs on my door. I didn't answer as I hadn't been expecting him; we had made an appointment for next week. It states on the website they can only visit by appointment. Can anybody advise me where I stand on this please? Do I have to let them in at all? Can I make the payments by phone. What has put me off answering and dealing with them in person is now that they have come round uninvited when I have specifically set an appointment. I tried to ring them but was on hold for 56 minutes then told phone lines have closed Best wishes and thanks in advance Emma
  10. Good morning everyone! I've just returned home from my dental clinic. I didn't go to work today because i had this appointment. Can u imagine my shock when I came at the clinic by 12:00 sharp, it was the time of the appointment, only to know that the "hygienist is not in today".. They told me that they tried to contact me, but could't. But they are lying to me: there are no missed calls from them, no texts and no emails. Usually they do inform me of anything via text messaging AND email. If I was notified about such an important thing as a change to my appointment or its cancellation, I would have gone to work. But in this case I just simply lost one full working day's wages. I really am eager to know what can I do to the Dental Clinic? It is a private Dental Clinic(http://www.smileimpressions.com/), where I did use their NHS services couple of times, and where they imposed me paid services of a hygienist - I paid 25 pounds in advance for this appointment. They said they couldn't refund me my money today, and I need to come on Tuesday to have it. What can I do to make them compensate the day lost because their unprofessionalism and negligence? Should I write them some letter first, or what? Thank you in advance!
  11. Hi guys, making this post for a friend of mine. Wondering if any of you awesome folks could offer some experience/helpful advice. So basically I was mandated to attend an Ingeus appointment last month, however on the day of my appointment I was suffering with a terrible migraine (I get them occasionally and they can be quite bad). I have phoned in sick before and never had a problem (I think last time I missed an Ingeus appointment was last year). However I phoned in sick this time on the day of my appointment early in the morning (my appointment was some time in the afternoon I think) explaining I was ill and if it would be possible to rearrange. I rang them and tried to speak to my advisor but he was busy so I spoke to the receptionist at the main desk on the phone said that would be fine but they would have to inform JSA that I was phoning in ill and missing my appointment which I said OK that's fine. Fast forward a week later after I phoned in I got a letter in the post from JSA with a page of questions just asking why I was off ill, who I spoke to, did I phone in before hand etc? 6 or so questions just asking me to state the reason I missed the appointment. I filled it all in explaining the situation exactly and sent it off thinking that would be the end of it. Some time passes and I now get a letter saying they are stopping my JSA for 4 weeks "We have now decided that you did not comply with the requirements of the scheme to which you have been referred and that you did not have sufficiently good reasons for doing so". What are my next steps here? I know you are allowed 2 periods of sickness in a a year up to a maximum of 2 weeks each. I've had no other periods of sickness this year. I phoned in ill as I've done in the past last year as normal. Yet now they've acted like I did not phone in and just skipped my appointment and sanctioned me. As I said i've not been ill at all this year and attending my JSA appointments etc as normal. I have always followed the rules correctly so I just don't understand how they can sanction me? it seems to be a case of shoot first ask questions later.... Thanks for any help.
  12. I had an assessment for ESA and like 90% of my fellow ESA claimants I have been placed in the WRAG. I suffer from mental health issues (bpd (and possibly schizoid? my social anxiety is not social anxiety...it's a complete aversion) paranoid thoughts, depression, severe anxiety, agoraphobia) and a heart condition that causes me to blackout. I got sick when I was 18 and have never been able to work since. I told them I would ideally like to be self-employed in the future or get back into education - however, I don't know how possible that is. My conditions are very debilitating to the point I cannot leave the house unaccompanied for both physical and mental health reasons. I have an upcoming appointment with Ingeus. I have heard nothing but negative things about this company: how they bully people to take part in programmes and workshops, how they get paid for every person they manage to shove off the list, how they use coercion and social control to get people to sign their rights away, sanctioning people for weeks at a time. Even their employees seem to hate it according to their GlassDoor reviews (an average rating of 1.5 stars out of 5!) In fact, the advisor at the jobcentre told me to apply for PIP and DLA so I can get Ingeus off my back and wouldn't have to go through all this nonsense! He said himself he didn't think it was fair at all: forcing an agoraphobic to attend weekly meetings. Anyway, from what I've gathered, at your 1st appointment, the Ingeus advisor asks you to sign two waiver forms. One of these forms gives Ingeus the right to contact your GP and access your medical records anytime they want. Of course, to someone who already suffers from paranoia, this sounds extremely fishy to me. The person I will be speaking to will definitely not be a registered health professional, so I don't see why they should be granted access to my medical records? To me, that is an incredibly private matter. Why would I want someone who works for a greedy, private, international corporation who has nothing but my worst interests at heart accessing my medical records?! My question is, am I really required to sign this form? If I refuse to sign it, can I be sanctioned? Or am I within my rights? The other issue is, I have seen cases of Ingeus bullying people with severe mental health issues into 'training workshops' and self appointed group therapy workshops, as well as CBT. Apparently there are no real regulations or training when it comes to such mental health workshops and really, anyone can open one and call it 'therapy', and that none of the workshops Ingeus runs are legitimate. I am in touch with my own private therapist and I want it to remain that way - I do not want to attend a workshop where they lump all the unfortunate souls the DWP considers 'nutters' together and force them to talk to each other as if that will magically cure their mental health issues. My therapist has told me my mental illnesses are permanent and can only be managed, not cured. However, I'm worried that refusing will also cause me to be sanctioned. So, do I have the right to refuse any such suggestions made by my advisor? Because I know their knowledge of personality disorders and agoraphobia is going to be very limited. I know a girl who was agoraphobic and her advisor told her that her 'task' for the next week was to go for a 30 minute walk every evening and say hello to 5 people on the way! How ridiculous, an unqualified pencil pusher telling an agoraphobic to 'get out more!' I really don't trust this company, I have read all about how heartless and devious they are, and I want to keep my contact with them to an absolute minimum. However, I also don't want to p*ss them off and end up being sanctioned for it. So how do I work and comply with them while also remaining within my limits?
  13. Sorry guys this is a long story, I will try to keep it as short as possible. My partner has been suffering from depression for a while which eventually led to him beginning to self harm due to his work environment making his life unbearable. He was signed off on the sick and very quickly unfairly dismissed from his job (totally different issue being dealt with separately) this made his mental health even worse and our lawyer advised he apply for PIP. We applied towards the end of last year and got an ATOS appointment through in January. It stated he had been assessed as requiring a home visit and they were coming to the house on a set date. Problem was that date was only three days from when we received the letter with my work I cannot change shifts that short notice so I called them to rearrange. They told me the next available appointment was weeks away but they could give me a date and I asked them if they could leave it with me as I didn't have my rota that far in advance and I need to be with him. They told me on the phone that I could simply change the appointment again if needs be. I ended up not being able to get that date either because there were too many people on annual leave that week (I am a nurse we cant get time off easily, it usually has to be organised quite far in advance) so I called to reschedule and was told this wasn't possible. I was told that if you cancelled twice it went down as a missed appointment. I argued my case and ended up phoning a complaint in to DWP who said ATOS were being unnecessarily harsh and told them to reissue the appointment. ATOS also said I hadn't called to cancel it on the day I did, they said I called the morning of which I clearly didn't since I work 0730 till 2000 and was in that day. We waited ages weeks and weeks for a new appointment and nothing came, Called atos who said no we had missed the appointment and weren't getting another. Called DWP again who fixed it and the next day we had a letter (miraculously dated the day before my call to DWP) but it said we had to go to the assessment centre which is right in the middle of the city centre. My partner doesn't cope in social situations, and does not cope well when around people he doesn't know he also has a learning disability that makes the prospect of going to an appointment like this even more scary for him which DWP and ATOS are aware of. I figured this was a mistake and called ATOS who said that his mental health nurse had told them he can go to the assessment centre. The mental health nurse claims she has made no such statement as she is not allowed to give a recommendation on someone she hasn't known for at least a year. The girl on the phone said she would put it through to the medical people to ask for it to be changed to a home appointment. Literally the next day we get a letter stating he would need to attend the assessment centre, and the day after we get an appointment through for one of the other assessment centres which is in the busiest possible part of the city centre. So I called today and got the same girl (what are the chances of that?) she was so lovely on the phone stated she didn't understand how they had come to a decision that quickly and then proceeded to read out to me the report from the mental health nurse (the one who stated she hadn't been allowed to give one) she stated she had known my partner for two months (an outright lie, he has been seeing her since October and was known to the service before that) and that he has no intention to return to work (again not true he would love to return to work, just not the job he had due to what they done to him, when he is better) and that he was fit to attend an appointment. I asked if our GP had been contacted and the girl said no, I asked why and she had no idea only telling me that the medical decision maker doesn't have to contact the GP its up to them. I then asked why they had based a decision on a statement which I disputed and was clearly an outright lie and was told it was the medical person that made the decision. I then asked to be put through to them but they don't speak to people apparently. I also informed her that my partner had cut himself the day the letter arrived and twice since because of the fear of this appointment, previous to this he had gone a fortnight or so without harming and that I would rather not go to the appointment and not get awarded pip than put him through anymore of this stress. He already had serious thoughts of ending his life on two previous occasions and I wasn't letting it get to that again. She suggested getting our gp to contact them because he can be put through to the medical decision maker people that I cant speak to and if he explains the situation they might change their minds. I have called the GP and asked for the doctor to call me back but he isn't in till tomorrow so I will need to wait. Our GP is brilliant and I know he will do what he can to help but what can I do if they wont change their minds? He was approved for a home appointment before the cpn put in that funny report that she promised me she hadn't done when I asked her about it stating that she wouldn't be allowed to because she hadn't known him a year. I also plan on asking the gp to confirm that he has been seeing the cpn for way more than two months, proving she is not telling the truth. nothing about his medical condition has changed or improved since he was originally approved for a home appointment so how can they state he needs to go to them. He cannot go to the city centre, hasn't been in the town for almost a year now because of fear of people. the only place he goes by himself is the doctors surgery which is on our street. he will come out with me to the shops but only if we go at night when its quiet (we have a 24hr asda close by which we go to in the early hours of the morning sometimes) but other than that he pretty much wont leave the house. The doctor has had to put him back on diazepam since this letter arrived and I am honest to god worried that I am going to come home from a shift to find him lying in a pool of his own blood. How can I fix this? Can I fix this? How are ATOS being allowed to get away with the way they treat people? and who can I complain to?
  14. Been going to Triage for nearly 2 years now, and I am in the work related group. Used to have to attend weekly and fortnightly sessions with other people till they put me onto monthly sessions quite some time ago, as they said they feel that I am not ready for work. So now I attend once a month, and it's a 1 to 1 with an adviser instead of a group. But, I was kept on the same ESA and not put into the support group. 3 weeks ago I had an appointment. It was scheduled for 10am. However, I was feeling ill the night before and didn't fall a sleep till around about 6.30am. I work up about 10.30am, and I immediately contacted Triage. They told me they would have to inform the Social that I had not attended my appointment. This is the 1st time, I have ever missed an appointment. Triage rescheduled my appointment for 2 weeks later, which I attended last week. They then said they wanted a quick chat with me yesterday, so I attended that too. So have had 2 appointments, and attended both since missing the one 3 weeks back. Received a letter from the DWP today saying that my ESA, has been stopped, till I start re attending my Triage appointments. I phone the DWP and told them that I have actually had 2 appointments, and been to both since missing that original appointment. he woman said that, they have had no word from Triage (I phoned Triage after the call and they said that had informed the DWP, but will call me later to see whats happening, to be honest, Triage probably hasn't informed the DWP, as they are not well organized) Anyway, the woman (at the DWP) told me that my payments will restart once they receive word. I said, so have I lost money? She said "Yeah, it's just a weeks payment so far" Just a weeks payment??? I am due Monday (always been paid on Saturday though) Starting to worry I won't even be paid if they haven't been informed from Triage that I have attended since missing the original appointment. But even if I do receive payment, they will deduct a weeks ESA from me for missing that 1 appointment. The first time I have ever done that, not by my own fault, and I phoned when I woke up. But they feel that's acceptable to take over £100 away because of this. Do they have the right to do that to me? P.S Just received a follow up call from the DWP, and the woman told me they have every right to take away 1 weeks benefit from me. I said well personally, that's crazy taking away £100 for missing an appointment. She said well, just like everybody else, if we miss appointments we lose money too by charges etc I didn't say this as it didn't cross my mind during the call but, who the hell would lose a weeks money by not attending a doctors, dentist, etc appointment? She finished off by saying, you only have to do minimum tasks such as attending once a month appointments, and you failed to do that. What a rude woman.
  15. Hi, I’m new to your forum, and I’m need of desperate help. My friend Is coming up to my two year deadline regards Atos/ Maximus (I understand it’s not Atos anymore?) so I am completely out of the loop. ----------------------------------------------------------------------------------------------------------------- He suffers from many of the below from aged 25 years old *Severe drug use amphetamines cocaine, alcohol for 20+ (Drug use stopped 18 months ago) medication for alcohol and drugs given *Severe Depression been on-going for 20+ years, antidepressants, medication- (but increased due to father dying suddenly 3 months ago and his elderly mother mom having a stroke recently. – His drinking has gone through the roof 60+ units a weeks at least. *seen Councillors for drugs and drink for almost two years, up until a few years ago .*Severe Social anxiety/ and before that extreme agoraphobia- major most severe problem that he was written off work for- 20+ years *Bdp – (made worse by face damage) body dysmorhpic disorder – on-going Also BDP worsened by mugging in 2007 -Resulting in an operation- (MAJOR OP.) (8 years ago) Maxiofacial reconstruction- facial reconstructive surgery- This was two 4 hour operations that were botched within weeks of another and then another massive operation - Zygomatic osteotomy 3 months later - 15 hour op, 8 surgeons. (Traumatic MENTAL recovery took 18 months) Has on-going hernia problem, operation was pencilled in and missed twice over three years due to on-going mental health issues Left Knee operation probably required (ligament rupture and miniscule tear in cartilage of left know) and possible lesser in right knee- missed appointment through on-going mental health issues- anti- inflammatory, pain killers given Weakened Achilles tendons, possibly causing altered gait, causing knee issues- cannot run and limps. Gastro- stomach problem (collapsed a few years ago- symptoms never followed up as discharged himself from hospital due to anxiety- consultant arranged op for hernia- never went BACK FOR SCAN These things are all facts but the psychological issues were accepted and written down by THE gp (AND ATOS) but were never followed up by a psychiatrist -----------------------------------------------------------------------------------------------------------------. He was written off to such an extent that (Atos twice over a 4 year period attempted to get him into an interview and he DIDN’T EVEN NEED TO ATTEND THE INTERVIEW AFTER THE DR WROTE TO ATOS *BOTH TIMES) The last appointment request was two years ago (august) and the letter provided by that same GP at the time meant Atos left him alone. But time could be running out! The dilemma really is this: 1 his original doctor left to go back to the USA. He was progressive and understood the situation! 2 He has since failed to find/ trust any replacement DR at that clinic, he virtually never attended the clinic unless it was, hernia, or knee related or injury related; maybe 5 times in the last two years, Worse he gave up thinking about a future Atos appointment until recently, and because of the way he hasn’t attended interviews, EVER, we don’t know what his current (ATOS) situation is! I.e. SUPPORT GROUP ETC 3 we are guessing that Atos will send him an appointment soon? (But feel we have left it extremely late, if the timing is correct) As mentioned previously, the last call up was two years ago, which he didn't need to attend, due to the intensity of his Dr's letter (august two years ago) It would seem that Atos are no longer company that runs this situation. And we are unaware of new guidelines in terms of new appointments. ------------------------------------------------------------------------------------------------------------------------------------------ My uninformed approach is to: 1 Get him to see a new GP consistently over next three weeks (providing that is the time Atos /Maximus) send him an appointment and build up a rapport with that GP? 2 then ask for a letter of update? 3 I have spoken to the clinic and the manager and they are willing to get a printout of all medical records and all previous correspondence with his old good GP to send to Atos /Maximus but this will be two years old. Would that still help? 4 if we do manage to see a new GP (patient friendly!) And build up a good rapport and then get a more or less updated full report? 4a would it be best to DEFINITELY get the (possible impending) appointment in august delayed somehow, and if so how would we go about this? 5 I suppose most important question is the two year gap a problem? 5a would ringing Atos to find out his current situation be positive or would that just remind them and hasten the process 6 does the two year medical rule still applies in terms of being served an interview notice? My MAIN questions are- 1 what is the criteria required to pass the ‘Atos’ medical or indeed in my client’s case not need to attend. Are they the same as before? Is there still a two year reapplication rule for a medical? What’s forms need to be read or groups can one be placed in nowadays? 2 will it be now difficult to ‘prove’ my clients illness, due to the fact he didn’t really see any new DR’s in the last two years, in a capacity to dealing with the psychological issues or at least attending consistently - i.e. he has been ‘off the radar?’ 3 the length of time between a GP letter for Atos, almost two years ago) and now? - a patient can’t just turn up to a NEW GP and demand a letter to write him off work for two years. 4 any important info needed for the current system/ company Maximus? Is there any more information that I need to know to pass on to the current GP he is about to see? 5 any links to information and help/ professional forum or otherwise as I’m running out of time to help this person! Has it been left too late? 6 is it essential to bring proof ALL proof of, physical injuries that have affected him, i.e. hernia, knee, face x-rays, letters appointments, etc. and that some of these injuries that would have also affected his mental well-being. For instance the massive op on his face? Maybe getting a personal letter from his surgeon even if the op was years ago? You have to remember my client is ill and he’s going to have to approach a new GP, and ask for a letter? I have been advised by the manager of the clinic (who is not a GP) to see the DR first and explain all issues so they can get to know the patient. INSTEAD of just asking for a Dr’s letter, as this may seem manipulative to the GP? I am loath to offer any advice that could possibly hinder my client’s success at an appointment or (preferably an abstention from a medial interview in the first place!) Finally I am not personally an advocate- Are there any private advocates or free ones that you can get that thoroughly know the maximus/benefit medical interview system? So they can go with my client? And can you point me to a guideline for passing said interviews. As stated before through my client has had letters that have meant he has never needed to attend the previous two interviews! Would this still be the case? PLEASE HELP AS IT’S URGENT ON BEHALF OF A GOOD PERSON IN A BAD SITUATION.
  16. Dear Caggers, My friend has been claiming ESA (support group) and DLA for a few years now, after a severe stroke...... He lives with his mother (who is a pensioner) and cares for him. They had a random visit from a "multi benefit review officer" with no prior arrangement, however, my friends mother refused entry and they have to telephone to arrange a re-visit with both my friend and his mother in attendance. Obviously, to have an unannounced visit causes great anxiety. Could anyone clarify what this is for? Is it to do with ATOS medicals? My friend has never claimed carer's allowance as he thought he was not entitled to as its his mother and this is exempt......
  17. Hi I have been claiming JSA since September, but I have yet to receive any payments due to various reasons that DWP have been making up along the way. Let's not get into that now though. I received a phone call from them this morning. They want me to provide them with a full disclosure of everything that I have spent money on in the last six months so that they can see how my money is spent. Do I need to provide them with this information?
  18. Hello Everyone, My friend has her first work programme appointment on the 24th June 2013 and was unable to attend due to being very anxious, being sick and had panic attacks! I rang Ingeus and spoke to her Employment Advisor, he was busy when I rang so I left a message that is was important he call back because it was to do with my friend's appointment and that she was unable to attend that day! He did call back and I duly answered the phone call, I told him why my friend was unable to attend and if she can have another appointment date and that I will come with her, I've explained about her anxiety and panic attacks and also told him her advisor at the Job Centre knows of her circumstances as I've had to cancel an appointment she had with her job centre advisor before, I requested that my friend will need a private room as she will not cope being in a room full of people! All what we asked was granted and I also told Ingeus advisor to send me a letter to confirm my telephone conversation with him! Today a letter arrived there was no mention of speaking to me nor mentioned about requesting for a private room all the letter says! 'We have attempted to contact you by telephone but was unable to reach you. We have therefore arranged an appointment for you on such a date etc, etc. I couldn't believe what I was reading' Good job I wrote a letter confirming my telephone conversation with him on the 24th June and mentioned everything we spoke about, I've kept a copy of course and sent the letter to him! I need to write a letter to him about the letter I've received today not mentioning anything of our telephone conversations, my brain has gone pickled at the moment and I want to be careful how I write the letter! He has lied and also not stating the fact of out conversations has anyone come across this sort of problem with Ingeus it will be good to know about them a bit! Thanks helen
  19. I've received an appointment letter from Ingeus which gives the usual date and time of appointment but underneath has the following:- "Your activities for your next appointment are: Please attend appointment to review your work related activity, alongside providing evidence of job application. During your appointment you will undertake job application activity providing documentary evidence of vacancies applied for during this time." I am aware I am under obligation to provide my job centre adviser with said documentary evidence of job applications each fortnight to be paid my JSA, which I do, but do Ingeus have a right to ask me for the same "documentary evidence" that I provide my job centre adviser each fortnight? Am I under any obligation to provide this "documentary evidence" to Ingeus? Also, at a previous appointment with Ingeus I had a face to face interview with an Ingeus adviser who spent their time typing up what I was saying on the computer, I could see her typing notes into boxes on screen under my name and I was wondering if I have a right to see what is being typed into these boxes?
  20. I am currently on ESA after getting through the dreaded Atos inquisition last year. I received a letter from Atos asking me to attend an appointment for anther assessment at the begining of december. I telephoned them and asked for arrangements for the interview to be recorded. They then cancelled my appointment for which a week later i received my new appointment date. That is just before christmas. I have just received another letter from Atos. This time telling me they have now cancelled that appointment which was to be recorded and no reference is made for another appointment in the letter intrigued??.
  21. so back in august i had an appointment for a meter change,sat in and no one bothered to turn up. called them to be told that someone had cancelled the appointment the day after it was booked even though i had a letter confirming date/time etc dated 4 days after the day i booked the appointment. anyway,they said i'd get £22 cheque because no one turned up...okay great i thought. i was dealing with the CEO's office for something else at the end of september,and i just happened to mention the cheque as it hadn't turned up to be told that the person who said they'd issue it on the phone hadn't bothered. The person from the CEO's office put it through to be sent out at that point. receive a letter on the 16th october saying i'll receive the cheque within 10 working days,nothing had turned up so called them. issued another cheque to me,told to wait 7 days if its not arrived call back. again nothing so phoned back,cheque issued again last monday and was told if it didn't arrive by friday to call,friday comes and nothing to another phonecall. person said oh wait til tuesday,yesterday nothing came. gave them an extra day and nothing arrived so called them to be told the cheque will be issued for the fourth time. im getting sick of this,its been going on since august. its always me chasing it up. where can i go from here? it may only be £22 but thats a lot for me and it was going straight on to the gas considering its getting freezing these days. so frustrated. sorry for going on a bit.
  22. I am currently in the ESA Support Group. I have just received another Atos appointment as to work capability. After the last appointment shall we say i have requested this appointment be recorded. They say that my appointment may be cancelled as not all ATOS offices have these recording devices and that they will be in touch. Can anyone give advice as what to expect, is this the norm etc, and what as to the assessment itself .
  23. my seetec advisors keep trying to give me appointments to use there computers for an ELVIS session (which i can easily do at home) i have missed the last 2 and i have a 3rd tommorow now as i have not been sanctioned after recieving the good reason letter from dwp am i to understand that the decision makers may agree that these are unreasonable because of my agoraphobia? i tell Seetec everytime that i wont be able to sit on there computers because of this but they still seem to give me these appointments
  24. Hi. Motormile have ignored all my emails to them so I took the details from their website and set up a standing order for £5 per month. I missed a payment last month so I emailed them to say I'd pay £10 next month to make up for the missed payment. I then received the following email - 'Thank you for your email on 19/11/2012. Due to the fact that you missed your payment there is a broken arrangement now, hence, further collections activity will incur on the account. MMF have reviewed your account and here are a few options for you to avoid any further legal action: Offer 1: we will accept 60% of the balance - £115.35 Offer 2: we will accept 70% over 2 equal instalments - £67.29 per month Offer 3: we will accept 85% over 4 equal instalments - £40.85 per month The above offers are available on the proviso: · The payment is made via debit card · The first payment is received in November · The payment plan or settlement figure to close the account is set up for a date in this month by Friday 23rd November 2012. Please fill out the below details in order to setup the arrangement, Please note that default interest may be added to the account which you will be liable for until a valid payment plan is put in place. Card type: Card number: Valid from: Expiry: Last 3 security digits: Date of payment: 28th November 2012 Amount: Whatever offer you accept Failure to email me back in regards to which offer you accept then your account will be transferred to the litigation department for legal action and you will get an unexpected visit from one of our doorstep agents for which there is an additional charge. Also, by setting up a standing order without agreeing something with us is not a payment plan.' So it appears that because I missed a payment, they now think they have the right to theaten me by phone, email and at my own front door. Any advice on how to respond to this email would be appreciated. Thanks. Paul.
  25. Hi, I'm on JSA and currently attending the Work Programme at Ingeus. My question is about my JSA Agreement, I looked through the site yesterday and the replies to a similar question just confused me as there were so many different answers. My JSA Agreement states I have to apply for 2 jobs per week. Yesterday my Advisor at the WP told me I had to apply for 8 jobs per week (3 more per week than I have currently been applying for - I was told to apply for 5 per week when joining the WP). As I live in one of the areas of the highest unemployment in the UK; applying for 8 jobs per week is pretty much mission impossible. I was struggling to apply for 5 per week. I was also told to set my sites lower and apply for entry level jobs! My questions are: is my JSA Agreement still in effect?- I read conflicting advice about this when looking for an answer yesterday. I can't remember if I signed an agreement with the WP Provider but I must have done. Can the Advisor I'm dealing with (who seems to be a right a/hole) get my JSA sanctioned if I'm unable to apply for 8 jobs per week? I will appreciate any replies/advice given. Thanks
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