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Found 6 results

  1. I have got my second assessment for ESA on Thursday, presumably with Maximus this time unless they too have been sacked? I had been away for four months from the flat I've lived in for 21 years and feel a bit panicked to learn of this appointment being so near ( and this time it's due so early in the day that the train fare will be double). This is in part because I am severely stressed out because I already have another concurrent fight on my hands with the local council over its handling of a violent and antisocial neighbour (documented on another subforum here). When I was coerced back to the flats by the council I began to get heart pains of the same kind I'd got when my neighbour threatened me for making complaints. The initial period of pain died down after thirty hours but has begun again. I will go to my GP about this but I'm not happy to be reporting a more or less new health issue within a few days of an assessment, because of how it might be viewed with suspicion. Having had something very like a heart attack at 29 as a side effect of antidepressants I'm seriously concerned about this heart issue, though a visit to A&E last week showed nothing up. I am vividly aware as I type though that something is not right. There is pressure in my heart or a feeling of a knot. It's actual and not merely chemical/ psychological even if aggravated by an emotional state I'm trying to combat with breathing. But I'm more concerned about whether I have the energy for another fight over all this. I am half angry, half exhausted. I believe that if I still allowed myself to risk the involvement of professionals I would have been diagnosed with bipolar disorder by now because of the extremity of the swings but it is some bind when you are utterly exhausted part of the time and full of rage the rest of it. We could say that having been through one of these assessments I know the lie of the land - and it certainly is a lie and not a lay - but I read that for example that some symptoms/sentiments that arise from mental health issues (which I've learned I cannot discuss here, which I accept) which six months ago were cause for assessors and DWP staff to treat an individual with caution, are now indiciators that an indivisual should be pushed firmly towards the workplace, despite an apparent overall impression given in the media that there should have been a moving away from the aggression of these asessments experienced from 2011-2015. I am going to ring to assert that I will be recording my assessment as last year's assessor lied repeatedly in her report, which I was going to use at the tribunal. A leaflet tells me I can use my equipment and that's how it's going to be as I have no reason to trust these people. I was put in the Support Group last year but only short term. I had applied to go to tribunal but this was cancelled without my say-so when the one year Support Group was decided upon. Someone senior in the Dispute Resolutions team actually rang me, and even by coincidence had agreed with a colleague on calling the dogs off on my birthday. I want to ask to speak to him tomorrow or am considering writing a letter to ask for this to be viewed in conjunction with Thursday's assessment. I do not have room for manouevre financially for any ESA cut. I have thirty quid in the bank to last nine days and no savings. I have nothing left to sell because the other business with the council led to me selling everything to pay to keep a roof over my head somewhere safe over the last four months, though I slept outside sometimes too. Last year as I was under attack by the DWP and my neighbour's behaviour at once I developed for the first time in my life a period of binge-drinking. In the second half of my 30s I didn't touch alcohol, and for most of my adult life I could take or leave it and went for weeks without a pint. For several months last year I was losing my memory about three times a week, falling over, having to bin clothes that became scuffed and torn. I was shocked out of it once a friendly waitress saw me staggering around, and then when a stranger approached me who'd guided me home. I'm not ashamed but it's pretty horrifying to be pushed into uncharacteristic behaviour without personal precedent, and I resent this period. I hadn't slipped back into this until Thursday just gone, and hope that was only a blip and not new stresses. Additionally, being angered by this new medical I have decided to stop being a mug over something that happened around twelve years ago. Before the advent of ATOS and the like I had a medical in the same building when I was on SDA. The doctor who did it carried out an act of aborted sexual abuse. I don't know if you can understand but at the time I could hardly believe it, and then felt fearful of rocking the boat due to my need for my benefits. Now though, feeling harrassed and angry I want to go to the police and pursue things. If a celebrity's abuse form forty years ago can be pursued then so can this. I would have no trouble identifying this person because I remember his manner vividly. At present I'm intending to go to the police station on Tuesday, will explain what happened and then ask if there are records of other complaints having been made with reference to the same building. I am not going to back out of this now but I suppose need to prepare myself. There are no doubts in my mind regarding what happened - it was nothing whatsoever to do with the medical and a clear assertion of power. I am absolutely aware that people do worse as one family member suffered horrifically and so did someone I was engaged to, but as this person has or had a position of power which has continuity with the comparatively respectable veneer of Maximus's power I want him dealt with. I will soak up anything helpful anyone wants to say here but at times I feel like walking off the grid altogether nowadays. I have thought of turning myself in to a hospital but fear losing autonomy regarding diet and medication. I spent a weekend in a particular creed's monastery a decade ago and remember they had a 'lay monk' there, a man who basically mucked in but had not adopted the garb, and who seemed to have retreated from comparable aggravation in the regular world. I've considered going there but do not really have the conviction of that creed despite sharing some agreement with it. Sick enough also, despite being aware of what I'd been put through last year several people in my family voted Conservative and didn't hide the fact. Sometimes sitting down with them and acting like they hadn't put a cross in box that could have a very dramatic consequence you do feel that family life has become farcical. Thanks for your time.
  2. Hi Bakatcha, The reason why I am contacting you is connected with my own dilemma with INGEUS!! I have been out of work for sometime & it's tough. The job centre has placed me on a mandatory work program with INGEUS & sadly it's lasted longer than expected. My advisor is using unorthodox ways to find work for me and somewhat intrusive. My advisor thinks it's a good idea if he watches me use the computer when I search/apply for jobs and he also wants me to possibly visit INGEUS on a daily basis. He also thinks it's a good idea if he applies for vacancies without me performing this task and I strongly disagree with that! He even suggested that I sit down with him & log onto my email account so he can check all the jobs I apply for each week, unacceptable in my opinion and I wondered what you make of this.
  3. Good evening. I wonder if anyone can help or advise. My partner's ex husband has asked my partner to sign a "Letter of Authority" from a PPI claims company in order that he can reclaim some PPI "for them both"! Call me sceptical, but how do we know he won't just keep all of the money, as the company in question are dealing with him at his address? I have told her not to sign them for a number of reasons... 1) She has no way to guarantee she will get her share. 2) The PPI claim company takes 33% 3) My brother used a company who only took 25% 4) I think she ought to try and reclaim ALL of her share HERSELF! My brother seems to be of the opinion that if he had tried to reclaim HIS own PPI the banks would have given him the runaround. He was told (by the PPI company) that once a claim is opened they would not be able to help him so it was better to use them as he would have more chance of getting something. Is this true? Any advice appreciated. Thank You,
  4. Under CPR 19.2 (4), can parties be substituted or added after default Judgement? Any case laws would be welcome. Thanks
  5. Hi, I've noticed that the various accounts I have are passing my details on to third parties, by this I mean CRA's and DCA's There is no mention of me allowing them to disclose personal details to others. Can they really do this without my consent? Examples are: -Southern Water sent my £20 outstanding bill to a DCA some time back -Medway Council sent my details to a bailiff without even telling me (resolved but annoyed) -British gas do it monthly as my payments are usually a few weeks late due to pay frequency -My mobile provider, I signed up over the phone and never agreed for details to be passed to other agencies Cheers, A
  6. Hi, I'm in a pickle and none of it is my fault. here's the snippet from the long post below to catch your attention... " I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall. Surely HE is still legally open to prosecution and accountable for causing damage and financial loss to my possessions, since it was his action that created the damage in the first place." On the 24th August, I was on my loved and cherished motorcycle, I was stationary at a mini-roundabout giving way to a vehicle on my right ( obeying the highway code ), when a 4x4 driver following on behind me decided for whatever reason, ( perhaps too busy chatting to his recently picked up passengers ) that he wasn't stopping. Not seeing my bright flourecent yellow jacket, or white helmet, or illuminated brake light, he ploughed into me at approx 30mph. Of course I go fltying like a rag doll and my bike is punched forwards hard and ends up on it's side 15 metres away ( with me about 8 to 10 metres away once I'd bounced my head off his bonnet )........ Clearly a case of his driving with undue care and attention ( for which he's being prosecured ) and me being the completely innocent non-fault participant. There's the background. Next morning ( after ambulance police etc as it was evening ) I call Bennetts Bike Insurance (the people who I bought my insurance from , who sold me a policy underwritten by Aviva ) and let them know what happened. They put me through on phone to their claims handlers ( Minster Law ) who then start the injury side of things rolling and arrange a company called BLD ( Biker Legal Direct ) to come collect my damaged bike. ( we're getting there, bear with it ). I check the bike over beforehand, noting down broken parts, checking up on their replacement costs using the parts numbers etc so I'd have an idea of what was happeing or likely to. A few days later, ( bank holiday Monday ) BLD arrive and take bike away for assessment, and offer me a hire bike for my use in the meantime, but of course I'm battered up and can barely move let alone attempt to ride a motorcycle, so have to pass. 18 days later, I get a phone call from BLD telling me the at-fault parties insurer has written my bike off as uneconimical to repair ( protecting their pockets ) and classed the bike category B ( never to be used on the road again, salvage for parts only ) and then go on to tell me the third party insurer placed a pre-accidnt value of my motorcycle at just £800 ( including the just fitted £165 luggage box ), so actually only a pre-accident BIKE value of £635 !!! for a just mot'd, fully serviced, in tip top condition ( better than 95% same year and miles condition bike with new luggage sytsem fitted etc ) which is a RIDICULOUS! figure to state. I've searched high and low and based on the prices that much rougher condition bikes are being sold for, mine ought to be closer to £1,500-£2,000 pre-accident value, due to it's near immaculate physical and mechanical condition, plus the fact it's a desireable year, colour and model as it's become collectable. It's not my personal opinion, but a fact that to find the same model, registered year, with the same or near as same mileage on it, in the CONDITION my bike was in, is almost impossible. It was an on going restoration nearing completion as the bike model and year is considered a modern classic ( apreciating in value as they are so rare and was the first year production of that model, and same colour as in the literature sales brochures etc ) Also not taken into account was the fact it had literally just had a full service and had just had ( 20 miles before accident ) a new £100 drive chain fitted. In all, I'd spent around £600 - £900 on the bike ( all parts, no labour costs ) in the last year alone in my ongoing mission to bring it up to totally new showroom condition. The advice I've been given is to find a number of adverts of the same model and year bike for sale, in the same condition, for sale at dealerships, and send the links and prices off to the third parties insurer. The PROBLEM I have with that ( apart from having to fight through this when I'm a victim in this ), is that it's impossible to find a dealership selling an 18 year old bike in their showroom, that is in the same condition as mine is/was with similar mileage. They just don't appear! heck, it took me three years of searching just to buy my bike back in 2004. Dealers only keep vehicles up to a certain age in their showrooms fo rsale. Choosing to search private sellers, is also not much better, as again, the problem is, I've not yet found a bike of same age, in same condition with similar miles for sale at all. You're meant to search your own local area as that's where you'd be buying a replacement from, yet the only bike even close to mine condition and age wise is over 240 miles away and I'm unable to verify that by seeing it in person with it being so far away. ---- I'm going to side-step the whole ABI obligations thing that the third parties insurer isn't meeting ( in them not repairing my bike to the condition it was prior to accident or offer enough funds for me to replace my bike in a LIKE for LIKE condition, putting me in the same position possession (vehicle ) wise and financially that I was prior to the accident ) --- This thought popped up... We have ( vehicle ) insurance cover because the law say we need to. Insurance is basically an entity or person willing to step in financially ( for the yearly fee we pay them ) to compensate any person that we might cause financial loss or damage to. They are not legally accountable for causing damage, only the person who causes damage to others possessions can be legally accountable fo rthat action. So... If the person/people ( in this case, the persons appointed and paid for/contracted insurer ) is unwilling to meet the full costs of repair or adequately compensate and avoiding their obligation to adequately recompense a victim ( me, in this case ) because it would cost THEM ( the insurer ) too much money, then surely I ought to be able to legally go after the person who caused the damage in the first place, since his 'representetive' is clearly not going to deal fairly and properly, becuase they're looking out for their own pockets with no regard for my property or finances. Leaving it as is, would mean me ( the innocent party ) is left severly out of pocket and having endured the emotional stresses and strains of what has happened, left to find my own way to find a replacement bike ( without my own transport to do so ), and to suffer the financial costs in doing so ( when I had no intention of looking for another vehicle or wish to incurr the costs involved ) I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall. Surely HE is still legally open to prosecution for causing damage and financial loss to my possessions, since it was his action that created the damage. Would it be a small claims court affair? ( less than £5,000 ) and how would I go about it? I haven't even gone into how the estimate for repairs that BLD produced was pushed up nearly £1,000 by them including items on the estimate that where NOT damaged in the accident.... thus the estimate reaches a repair figure beyond what an insurer would class as acceptable or viable, and therefore writes the vehicle off as uneconomical to repair. The whole process is twisted and shady I think.
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