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    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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tooth_fairy

Disappearing From Op Waiting List?

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Hi all.

 

I'm quite frustrated.

 

In early May I had my first appointment with a consultant and it was decided I needed an operation, fairly swiftly, and he said I would be in by July, which I thought was great.

 

As August came, I hadn't heard anything and I decided to book a holiday, so I gave the hospital the dates of my hols and all was fine, they said I was booked in for a day case or inpatient case, whichever was the quickest

 

This week, hubby has decided to book a weekend away and my brother is going awy to get married in October, so I rang the hospital yesterday to give them the dates and they have no record of me ever being on the waiting list and as far as they were concerned, I am not and have never been on the list for my operation, which I need!

 

I went to see my GP at their walk in surgery yesterday who said other than re-refer me back to the consultant who put me on the list, he couldn't help me and suggested I ring the hospital again. The GP advised that the consultant has around a 16 week wait for an out patient appointment.

 

I did that this morning and there is no sign, still, of me ever being put down for the operation. asked if it was possible to speak to the consultant and I was told no, he was in clinic, which is fine and I asked if he could call me back, No, I was told.

 

I asked now, how do I get put back on the list? I was told either my GP could re-refer me (16-20 weeks according to the secretary!) or I could pay to see the consultant at the private hosptal and then he could put me back on the NHS waiting list, but it means I go to the back of the queue.

 

The secretary sad he only has a 6 week waiting list anyway and it wasn't much hardship but I have been in pain and have had this op hanging over me since early May and I'm still no closer to getting the problem fixed.

 

I'm very annoyed and frustrated as no indication was made when I rang in August that I wasn't on the list, in fact, the opposite, I was on 2 lists in August!

 

Have you any idea, other than paying money I don't really have spare to go private, about how to get this rectified, as I see it, someone have messed up somewhere and I am suffering for it.

 

The GP did suggest just giving me painkillers and antibiotics to keep the problem at bay until the operation but he isn't a particularly pro-active GP!

 

Thanks,

An in pain TF xx


All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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There will be a record of your appointment with the consultant, and he will have (should have) written to your GP. The note to the GP will usually thank the GP for referring you, note the signs and symptoms, the details of the consultant's examination, any tests he has done or wants done, and the outcome of the consultation, including any surgery that he recommends and the fact that he is arranging for you to come in for this. Is the GP saying that although he referred you, he has no record of your being seen?

 

I recommend you contact the Patient Advice & Liaison Service at the hospital where you saw the consultant. Their function is to deal with patients' concerns, and they can access anyone they need to within the Trust. They will be able to check the hospital notes to see what happened when you saw the consultant. This should reveal whether the problem is that the consultant didn't put you on the list, or that the clerical staff didn't action his instructions. Although you can raise your concern by email initially (not the phone - keep an audit trail), I suggest asking to meet them to discuss it further. Clearly, as you should have been on the list, the usual new patient waiting times should not apply. If the Trust doesn't put you on the list sharpish, you should raise a formal complaint.

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I agree with the advice given above, but would also add that a letter addressed directly to the consultant marked 'private & confidential', detailing exactly what has and hasn't happened so far would be in order. They can sometimes make things happen!

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Thanks to you both, I have rung my GP surgery and it transpires that they have not (or say they have not) received a letter following my consultation, so another call back to the hospital and apparently it was sent....

 

As you have both advised, have written to Patient Liasion, felt it was the most approprate channel, which went recorded delivery about 15 minutes ago, hopefully as it is only going across town it should be there tomorrow, will follow up with a phone call on Thursday.

 

In any case, where we are we have a max wait of 18 weeks between frst appointment and treatment and I think I have exceeded that now, so may be they will be able to chivvy things along a bit.

 

Will keep updating


All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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A lot of trust are trying to achieve the 18 week target but failing it big time they have until Feb/Mar 2008 to show they are meeting it by at least 80% but as the winter is coming a lot of trust are trying to work out how they are going to meet the target of 18 weeks, some trusts are using very expensive pod theaters at £10,000 a week just to meet the target.

 

I think the trust has done a waiting list verification and have removed you for some reason now that might be because they have written to your GP asking if you still need this operation and he has not replied or they sent you a letter and it has gone missing in the post it happens all the time, the PALS department will look into your complaint and you should receive your reply in 4 to 6 weeks

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