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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
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I had an assessment through ATOS (for ESA) a few weeks ago.

 

Expecting the worst, having already had a first assessment a couple of years before, and being rejected due to a pack of lies, I audio-recorded the whole thing this time around.

 

Now, I have evidence (the device I recorded it on also saves the time and date the recording was taken) that their report is inaccurate and misrepresentational.

 

I'd encourage anyone attending an ATOS assessment to do this (same way that collection agency/bailiff calls should always be recorded). ATOS simply cannot be trusted, and seem to lie incessantly on an even grander scale than bailiffs or debt collectors.

 

I also believe that the government is entirely aware of what ATOS is doing, and is letting it continue. Still, they did lie us into a war, so I'm not surprised they'd persecute the sick and then lie about that as well.

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Hear hear, I agree. As soon to be transfered from single parent status to incapacity benefit I expect to have one of these interviews in new year and will also record it.

 

Just one plus I have been anxious about travelling to it as the atos offices were over 30 miles away and cant go out on own, so taxi was going to have to be yes, but found out they have opened up base in my town, thank god.

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No, I didn't tell them. I don't have to. ATOS will give you some lying, fob-off excuse if you told them what you were doing.

 

ATOS now has a reputation for lying, and I think if everyone called in for an assessment did record them, they'd have no credibility to do what they're doing.

 

I record any and every dealing I have with banks, DCAs, companies or otherwise. Being lied to becomes tiring after a while.

Edited by F_DCAs
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I'd very highly recommend that the assessment is audio-recorded also (dictaphone or mobile in the shirt pocket). I went for an ATOS test a few months ago, and wasn't surprised to find out that they lied completely in their report back to the DWP.

 

5 or 6 NHS professionals - all of whom I have seen more than six times over a piece - were of the opinion that I should not be working.

 

ATOS had other ideas - their doctor (I wasn't even sure he WAS a doctor), who I never saw before, and spent no more than 20 minutes with, seems to be of the contrary opinion.

 

Strange that the DWP would take his less-than-credible word over 5 or 6 doctors, including two specialists - what are the chances of that?

 

(edit)

Edited by ErikaPNP
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Strange that the DWP would take his less-than-credible word over 5 or 6 doctors, including two specialists - what are the chances of that?

 

 

 

True, especially when you look at the qualifications and experience of the doctors who typically work there. Put it this way, and with total sympathy for your situation Natalie, just be glad they aren't actually treating anyone.

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I know this might not help short term but i would advise as many people as possible to write and complain to atos about their hcps.Try and get your mp involved because the only way atos will be stopped is if enough people complain and take their complaints as far as possible then the government will eventually sit up and take notice.Mp,s wont like having to work for their money so make sure they are involved.

This is happening all over the uk and i dont believe for a minute that its by chance that so many people are getting declined for benefits after visiting an hcp employed by atos.

I think it is time for people to start to fight back , contact everybody you think might help your case ,automaticaly complain against the dr that done your medical get your mp involved.

I get so angry when i read sites like this , that atos seems to have the governments blessing to do this and get away with it.

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So, we are to assume that the government doesn't trust NHS professionals. Not if it takes the word of one guy with questionable qualifications over the word of 5 NHS staff, including two specialists.

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Agree with that. It's happening on a wider scale than the public are generally aware of.

 

TBH - I hate this government with a passion, and one of the main reasons why is for the sanctimonious, patronising 'It's for the common good' manner it always displays whenever it puts the boot into a group of people - usually those who find it diificult to fight back.

 

They don't play fair, so why should we? Hence the idea of audio-recording to catch them out.

 

I also read that ATOS were prosecuted in America for the same thing. Nice that the government has chosen such a fine, upstanding company to do its dirty work.

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Further to what was said before, I believe the government are practicing human rights violation and victimisation by the backdoor on a grand scale in using ATOS.

 

Though we've had a few local newspaper articles regarding ATOS, nothing's been said nationally and the government have not been called out on it to explain this. The issue certainly deserves wider attention than it currently has.

 

As has been said before, I'd be very worried if the shady ATOS doctors were looking after my health - especially when no-one has any clue of what medical credibility they have. Moreso when the DWP and ATOS are less than willing to explain themselves, or what kind of contract they have in place.

 

When you have terminal cancer cases being kicked off the sick, purely for political expediency or profits in the coffers of an evasive private conglomerate, it's not just unfeeling cost-cutting - it's pure evil.

 

And it's worse still in that the people who this system was supposed to root out, are left alone.

Edited by F_DCAs
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Iam fighting my own case against atos just now.

My case against their hcp is rock solid so it will be interesting to see what their reply is.

In-between my fight against them i have found information that might force them to change the way they do the medicals but i dont want to say too much too soon (its possibly a legal issue).

When i get the reply from them i will let you know how i got on. I am actually interested to see if they will still back their doctor so as soon as i find out i will let you all know.The one good thing to come out of this is that i am actually training to become a volunteer in an advice centre.If i can help one other person to fight atos/dwp then it will be worth it

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Ideally, I'd prefer it if it went back to the old DWP appraisal system, whereby the word of one doctor was enough. Now, I've found that it's completely irrelevant no matter how many doctors or specialists are involved, and that's an absolutely scandalous state of affairs.

 

By using ATOS to do what the DWP should be doing, the government is also acknowledging that it has mismanaged the DWP (as well as the NHS) to the point where it doesn't trust the DWP either.

 

And if the government trusts both the NHS or DWP so little, then why have the NHS or DWP around at all - if the word of a shady (and at best elusive and secretive!) private conglomerate triumphs over all?

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There are far too many member's threads being hijacked in regard to ATOS. Whilst the benefit of others' experiences/opinions can be beneficial, it can also be detrimental, particularly where people are already worried about their upcoming assessments. For this reason, this new thread has been created from some merging other posts to discuss ATOS, as an issue seperately.

 

Please bear in mind that we all have our own experiences and opinions, and although this can be a highly charged issue, we have to be mindful of what we post in an open forum. Please ensure the site rules are read before posting.

 

There is also a petition which some of you may be interested in.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Agreed. Sorry about that - just I had an ATOS assessment (as previously stated), which I'm very sore about, and think that the matter does deserve attention. No harm meant to anyone on these boards, and I apologise if any has been caused by this.

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It's no problem. Easy to get carried away when you have a bad experience with a company - and you naturally want to warn people. Whilst it is absolutely fine to discuss our own experiences, it's not fair to other posters when their threads are taken over by this. This always happens with ATOS threads, which makes one thing clear:

 

ATOS needs it's own thread, where the issues which go along with it can be discussed and experiences shared, without detracting from the OP in other threads.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I know of a chap who told them beforehand he had 28" biceps yet when he attended their blood pressure cuff thing would not go around his arm. They are no more than quacks. He has been awaiting an MRI scan for 9 months as they dont have machine his shoulders will fit in now this ultimate humiliation. He remains haviong fits/blackouts and the 'medical assessment' was nothing of the sort and served no helpful purpose beyond no doubt the DWP hoping to starve him out. He cannot drive HGV's as he is having the fits....

Edited by ErikaPNP
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  • 3 weeks later...
  • 2 weeks later...

ATOS just part of problem. Update from 21st December - ATOS info had apparently not been received so DWP mandatory interview lot placed him in work focused interview group. They arranged a taxi which arrived 30 minutes early today. Chap could not get in as he was too big taxi firm left him at roadside in cold. Over 45 minutes later mandatory interview lot on partners phone quizing her as to him whereabouts. On going outside she found him collapsed on the grass. He had been lying there all that time. No further taxi had called. A strong complaint to mandatory interview lot revealed he should have been placed in support group as unfit to work yet 27 days later the info had seemingly not been passed on. Article 3 of human rights act clearly states "No one shall be subjected to torture or degrading treatment or punishment". It is hard to see what more he could have done to assist matters and this has hardly helped him get better.

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hello all,

have just been through the mill with this atos medical and then tribunal rubbish, as my condition has worsened since the last medical which i failed? passed? i dunno? i'm in a position where i have to make another claim for exactly the same benefit (ESA) which i was claiming a year ago before some doctor claimed (amongst other things) that i suffered from giggleing as a side effect of the medication? i know! strange! without explaining my personal problems too much you can guess what other rubbish they put!

i went to a tribunal, i was tough, and when i got there they claimed the doctor didn't say half the things he wrote down on the report, and didn't believe that what i told the doctor was definately not what he put in his report!

SO WHAT I'M PLANNING THIS TIME IS TAKING MY MP3 PLAYER IN AND MAKING A RECORDING OF THE MEDICAL

as i understand it is illegal to record someone without their knowledge? i am planning on making this fact very clear to them, i put it on the form, and i'm going to make them sign a written statement that they have no problems with me using the recording as further later evidence.

ANYBODY TRIED ANYTHING LIKE THIS BEFORE?

and anybody got any idea of what kind of reaction i should get off them!

 

i remember clearly the doctor pointing out that it wasn't upto them the outcome of the medical, it was the computer system, when you been to a tribunal it makes you think about a law degree and why you was honest?

never give up!

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Edited by ErikaPNP
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Pesonally, I would just go ahead and record without telling them.

 

What are they going to do?

 

Fine you? Because of ATOS, your income's just been seriously impeded.

 

Or jail you? The prisons are full up already.

 

ATOS don't play fair - as you've found out - so why should anyone who has to deal with them?

Edited by F_DCAs
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My wife had to go for a medical the other day.

When we arrived we were told that there was a 40 min delay,i told the receptionist that i dad parked the car in a parking bay for two hours and going by the delay i would end up getting a ticket, she told me i could go out and put extra money in the meter but i told her no and if she wanted us to stay then she could give me the money , she then said she could re-arrange the medical but i told her we wouldnt be comeing back,she went and spoke to her supervisor who then said we would get the medical on time (and we did)

When we went into the medical i asked the hcp if she was a qualified dr and she said no she was a nurse, i then asked her what her qualifications were and she explained she was trained by atos.

I then told her i would be taking notes and querying any of the questions she asked my wife.

She let for about 15 mins and came back with a note,she went on to tell me about the data protection act but i told her i knew about it.

I also informed her that i had an outstanding complaint against an atos hcp and i would be obtaining a copy of her report to make sure she put down what my wife told her as this was one of the problems people have with atos.

I have to admit that she was very plesant and it seemed if she understood my wifes condition.

It will be interesting to see what she has put down in the report as i warned her if her report in anyway is false i would be taking it further.

She knows i took notes on my wifes responses to her questions so there cant be any mistakes.I will wait and see how it goes and i will keep you all informed.

Cheers George

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yep, i got a bit into this last night, apparently ATOS have some rules, that with agreement with the courts, the only way you can record the evidence and use it as evidence is to use a dual tape recorder of their specification (and a better spec than the police use", that has been aproved by a sound engineer, no more than 30 minutes before the interview? well if your interview is delayed 45 mins, this is not possible! so have found this link DWP ESA Medical Examinations where some guy has been documenting all his experiences over the last year, he even by the looks of things got offered £100 by ATOS to keep his mouth shut! but like myself, it's obvious he's got nothing to loose, so is now pushing to take this to the high court in london!

what he's done is real clever, but to be honest, theres a few golden nuggets in there, that if everyone was to put on their medical assesment forms would cause them so much work!

sending a cover letter stating "please provide the name of the qualified health proffesional who will review the imformation i have provided to decide on a face to face meeting" "and that i may wish to independantly check with the GMC that the individual is qualified"

"i must stress the the importance that in order for a valid assesment to be made the qualified healthcare proffesional must contact my gp and consultant" the crux of this is they have a contract with the DWP to reply within 2 days, and answer in 20 days, which they never do! and hence breaking the contract before they started!

the other point to make, is that if at any point an ATOS employee terms you as a "customer" ask them their name and write a letter of complaint as they have a legal and contractual obligation to refer to you as "claimant" or "patient" even more proof that they have no clue what they are doing!

be warned too! if you don't play their game, they can mark you down just for being uncooperative!

am just about to start the letter to the upper tribunal now, but they seem to be in the same boat as atos when it comes to being economical with the truth!

all of this makes me feel quite sick, but best advice seems to be take someone with you, and make them feel as intimidated as you do! i can imagine they hate nothing more than someones mom peering over their shoulder checking all the answers they put?

good luck all!

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I read this here: BBC - Ouch! (disability) - Messageboard Ouch! Talk - Failed ESA medical!

"ATOS's official criteria is that you may not record anything unless you have professional equipment, using dual decks, calibrated by a professional sound engineer directly before the exam (as said, this is more exacting than the police use) and if they notice you using any other form of recording device, they will stop the interview (and, unofficially, mark you down as refusing to cooperate)." Apparently someone did just that and you can read what happened on the Benefits and Work site. I haven't read it myself as I'm no longer a paid up subscriber to that site. I'd still record it secretly, if only for my own satisfaction.

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