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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Problems with hospital


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Sorry for this quite complicated post but the only way I can convey whats been happening is to go in to detail.

 

I have been under the care of 4 heamotologist's for about 10years, however the second heamotologist who was in charge of my care, seemed to not be bothered about a vitamin b12 and iron deficiency.

At the time I was diagnosed with auto-immune haemolytic anaemia although this was diagnosed by my first heamotologist.

He has now left, and my care has been past on to a new heamotologist I am now finding that the previous heamotologist made what I think are some serious errors in my care.

I have now been told that I may have lupus and that my treatment may have been inadequate when under the care of my previous heamotologist.

 

As a result of the confusion and waiting for appointments for over 4 hours at a time, being told various things by various doctors none of which helped clear up the situation, I decided to contact the P.A.L.S at my local hospital back in May.

A month later my medical records went missing.

 

What can I do, I am left in pain due to joint inflammation, I am tired due to my B12 and iron deficiency, the heamotolgist wants to remove my spleen despite having no definite idea of what really is wrong with me and now my records have gone missing.

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Hi

 

Sorry to hear of your troubles.

 

Have you contacted PALS again re your medical records going missing?

 

I think you can also contact the Information Commissioners Office about this too.

 

You really need to find out where your notes are.

 

Have you spoken to your GP about all of this?

  • Haha 1

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Yes I contacted P.A.L.S a week last Tuesday about it, and phoned them yesterday, they told me to wait another week for them to find them.

 

I will look into the commissioners office, and no I have not contacted my GP about this, should I?

Thanks in advance by the way.

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I have already rung them, they're advice was to complain in writing and ask that an adequate solution to this problem is found, (such as finding the missing notes).

If they don't answer or offer no solution I need to report them to the ICO along with a CC of my complaint to the hospital and any consequent replies from the hospital.

 

I presume judging by your link this would mean that they should provide an answer within 14 days?

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Hi

 

I would wait til next Tues and see what PALS say first. If the notes still haven't turned up then tell them you have spoken to ICO and have been advised to complain to them. As such a complaint could lead to enforcement action being taken against the hospital I think that they will do all possible to find the notes. Push PALS to sort this as you are in so much pain and want to get the correct treatment.

 

Personally I would go to my GP and explain what has happened and see if they have any clout in the matter. As hospital letters are sent to the GP as well they should have some of the info on their system anyway.

 

May be worth a letter to your MP as well.

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My hospital records once went walk abouts, they were recovered after a letter to the information commisioner, any other route is just pussy footing about, PALS will not send someone trekking through the records department in the hope they find the right John Smith.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Many thanks to both of you, I will speak to them again on Tuesday mentioning the Information Commissioners Office and if the notes have not turned up I will take my complaint in person to the hospital straight afterwards.

 

I will inform them in the letter that they have 14 days to reply, under the applicable regulations and if my letter gets no reply or they still say they can't find them after 14 days, I will get back to the Information Commissioners Office .

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Incidentally they will face a fine over this, hospital records have a special status being as sensitive as they are.

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Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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I hope they do get fined then perhaps they will take my clinical care a bit more seriously, which has been pretty lackadaisical so far to say the least.

 

I think they may have lost these records to cover up the second heamotogists mistakes and any possible legal battles that may follow from this, but in doing so they have enraged me.

 

I didn't want to sue them, but now as a result of this, I am considering it.

 

Why all the need for subterfuge and mystery when it comes to my care?

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Losing the medical records wont stop a legal battle, it might make one worse though. Copies of most stuff is sent to the GPs copies of the records, it might be worth requesting to see these and taking copies of anything you feel is important.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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If they find my notes I will now want a full copy of them, I have been visiting the heamotologist every 4 weeks for the last few years.

If there are any gaps in these notes I will want to know why.

I might ask my GP who is pretty good to help me with all of this he might even give me copies for nothing as he seems a little annoyed about my care at the hospital.

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I have received this response to my complaint what should I do now?

25 working days seems way to long to deal with this.

The response is as follows

 

 

Dear Mr *********

 

Thank you for your email. I am sorry to learn of your concerns in relation to your treatment and also your missing notes.

 

I will write to you with a formal acknowledgement and begin an investigation into the issues you have raised. However, I should just point out that under the NHS Complaints Procedure we have 25 working days to investigate complaints, not 14. I will enclose a copy of our complaints leaflet with my mailed reponse.

 

In the meantime, if I can be of any further assistance before you hear from us again, please do not hesitate to contact me.

 

Yours sincerely

 

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I have been considering this, indeed I contacted them again after this reply was sent and they told me that seeing as they have already taken the best part of six months trying to find my notes, I am eligible to make a complaint now.

You wont believe this but they also seem to have lost my temporary notes now, seems that once you start making waves hospital records go missing on a regular basis.

 

Would it be an idea to get on to the hospital ombudsman as I already get the feeling I will get fobbed off in 25 days time?

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I suspect that the hospital haven't lost your notes but misplaced them. When notes are moved from place to place (main filing to clinic to consultants office to coding etc) they have to be tracked electronically, all it takes is for one individual to forget to track them and they cannot be located. When that individual has finished with them and they are returned to filing they are then tracked and 'found'. Our hospital take forgetting to track seriously but it still occasionally happens. I'm sure they will turn up, I doubt there's an ulterior motive here.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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  • 1 month later...

Well they have replied, and in essence whilst being very apologetic dis-credited everything I have said that was wrong with my care, their version of events differs from my own and their own, they even contradict themselves within the letter.:o

 

They also say they have found all records back up till January 2005, then went on to say (in a PR campaign type of way) how excellent the record keeping facility at the hospital was and is, although at the same time admitting that this is quite a problem for them as they have just finished building a new record keeping facility back in august 2007, which was about the same time my records went missing.

 

I do wonder if they lost a lot of records whilst transferring this department, and if they managed to get a backup set of notes off my GP.

 

What do I do now?

Any advice would be most welcome.

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