Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
F_DCAs

ATOS thread

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2559 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Sorry, Bygsign, I must have been writing my bit while you were posting -

Share this post


Link to post
Share on other sites

i was looking for the link, but allready looked at too much about this now and lost it!and the link!

i start to wonder now? if someone could take a family member in who was a policeman or a judge? ATOS would probably question their evidence? and favour some half cooked, half wit? that put giggleing as one of my side effects!

in my tribunal, i had to keep a straight face as i asked their doctor if he had ever written anything the like in somebodies notes before?

the only thing i find funny? is this whole procedure! so funny in fact i wet my pants with laughter? maybe thats their next excuse?

Share this post


Link to post
Share on other sites

oo, i despise getting rarred about things, but heres an online petition about it, is for them to record the interviews and let us sign what they saying about us?

Petition to: Have esa medicals to be voice recorded, and to have the same rights as accused criminals. | Number10.gov.uk

if enough people sign it, maybe they look into it?

i read so much now, theres got to ba a lot of people willing to sign?

lets see?

ad

Share this post


Link to post
Share on other sites

If nothing else, an accurate transcript can be generated from the recording for use at a tribunal hearing, assuming that use of a recording is disallowed.

 

If pushed, then I'd be more than willing to submit my own story to the press, citing that ATOS' dishonesty - not just in my case - is widespread and deserves to go public.

 

After all, ATOS are acting on orders from a government that not very long back (before it got to power, naturally!), stated it was against private firms getting involved in health matters.

 

ATOS' rules are not my rules, and I'm not obliged to jump to their tune.

Share this post


Link to post
Share on other sites

we got more folks! forget recording your interview, i just got the official document from atos here it is:-

Audio or video recording.

 

Atos Healthcare has clear guidance agreed with the Department for Work and Pensions (DWP) on audiotaping and video taping a medical examination. This is designed to ensure that a consistent approach is taken to all such requests and is designed to safeguard the interests of both the customer and the HCP.

The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or videotape.

Any request can only be agreed with the prior consent of the HCP, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate, and that the facility is available for simultaneous copies to be made available to all parties present. The recording must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that a copy of the tape can be retained by all parties.

The cost of the making the arrangements rests with the customer, as recording is not a requirement of the DWP.

If Atos Healthcare is unable to grant a request for recording we will offer you an opportunity to rearrange your appointment so you can arrange for the examination to take place with a chaperone or other witness.

 

have just been on the phone for 1/2 an hour to leeds to get this!

apparently if i took my brother with me, who is a warranted police officer, even his statement would not be accepted by the DWP ATOS or the tribunal.

 

so not only do they not believe your GP consultant or YOURSELF they do not believe a police statement either!

 

as they do not/are not able to contact your GP i think the best is to tell them "my probation officer thinks it's best i'm not around pens as it took a long time to remove the last from the doctor i stuck it in"

or do a Frank Gallagher with a gallon of four star?

 

and i just been on the phone to my local welfare rights officer who said there is no point in applying to the upper tribunal unless i'm willing to pay a barrister to review the whole case and present any points of law that have been broken!

 

think you know what to do folks? sign the pettition above, remember when you're voting next it was LABOUR who signed us up for all this, and the CONSERVATIVE PARTY was going to do the same anyway! so theres only a few parties left!

and if you live in a conservative or labour constituency don't bother talking to your local MP as they just look at you as some kind of scrounger!

Share this post


Link to post
Share on other sites

Then it's time they were taught to see things differently. Anyone with any evidence of mistreatment by ATOS should go to the press.

Share this post


Link to post
Share on other sites

fuzzgin

 

i have a court claim against atos at the moment

this is occupational health though through work

 

cant say to much but when the case is over, i will be going to the nationals to blow the whole saga out the water

Share this post


Link to post
Share on other sites

we should see if panorama or somebody would be interested? i'd be happy to wear covert recording equipment! i read a story last night where one guy lost both his hands in an industrial accident, and was told that he could pick a pound coin up off the floor? after speaking to my welfare rights officer, he gives the impression that it's not if you can do your old job? is if you can do any job! maybe the government need some doorstops? i'm getting so angry and frustrated by all this now i feel like their might be more than one disabled guy in the room after i finished my medical!

have also read today that ATOS have no duty of care, so today have sent them a mail requesting a copy of their health and safety policy, and tomorrow i'm asking for a copy of their public liability insurance? and maybe monday i find something else to annoy them with!

oh, i posted some phjone numbers the other day on here that was removed, DO NOT call them as they get really really annoyed when you do! and if you don't want them? don't do a google search for "atos clinicians numbers" and you wont find them!

 

and don't be so sarcastic like me!

Share this post


Link to post
Share on other sites

So, to paraphrase recording your ATOS medical, the answer is 'yes, of course you can'. followed by 'but we'll make it so expensive no person can afford to do it'.

Sounds about right...

Rae.

Share this post


Link to post
Share on other sites

shame they got to do so much work to earn their money? they seem to do so little for it at the moment?

the lady on the phone today wouldn't give me her name when she refered to me as a "customer" today "allegedly their not to give their names out" so now i'm going to have to write an email raising an official complaint that they have broken their contract with the DWP as in their contract the "customer" is a legal term for the DWP, and apparently i'm a claimant/patient/client, by the time they get to the medical they're going to want to take a recording! and maybe open us lot up a complaint department, that doesn't take a few weeks to reply, once again breaking their contract!

 

KNOWLEDGE IS SOMETHING YOU GET, JUST AFTER THAT POINT WHERE YOU REALLY REALLY NEEDED IT!

maybe tomorrow i get something done with their rules and regulations regarding recording phone conversations with them?

next thing will be when they ask to see the Portable Apliance Testing certificate for the equipment? will the equipment be so sensitive that i require a certicate of electrical installation for the recording company?

this is getting silly, they are silly, and i just cant decide whether to wear the clown suit to the medical?

Share this post


Link to post
Share on other sites

Just an update.

My wife got a letter today saying she has passed the medical and wont need another untill july 2011.

I dont know if its because of what i told the nurse at the begining of the medical . I told her i had an outstanding complaint against an atos hcp and i believe for whatever reason atos hcps are taking no notice of what claimants are saying to them and putting down the exact opposite of what they are being told.

I then went on to tell her i would be taking notes on what she asked my wife and what my wifes replys where i also told her that if there was any mistakes or un-truths i would also be complaining about her.

I know people have said record the assement, but if you cant afford the equipment take a note pad put it on the desk in plain site of them and as soon as the start talking you start writing , if at anytime you havnt managed to write down what was said interupt the hcp and ask for the question to be repeated.

It seemed to have the desired affect on the hcp that done my wifes medical.

Share this post


Link to post
Share on other sites
Just an update.

My wife got a letter today saying she has passed the medical and wont need another untill july 2011.

 

george1961 i had a medical back in 2006 and my review is in 2011, that will be 5 years apart, my right leg and back are in agony and i cant walk tor far either. HOW LONG APART WAS YOUR WIFES MEDICAL, i dont know how long apart these medicals sould be.

do you know how long Atos have done these medicals for.

just a thought if they say you fit for work and you lost appeal say i would get a job and if you had an accident while doing that job i would sue the DWP for forceing me back to work, i would say if your disabled and have an accident why your in no fit state to work thats a human rights issue methinks.:evil:

 

anyone shed some light on this!


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Share this post


Link to post
Share on other sites

Its been at least 4 years since her last medical.In that period she has had to fill out 2 medical questioneres which she passed (that was the old points system)

I am not a 100% sure but i think they can call you for a medical anytime.They say they will look and revue peoples cases from time to time.

If you have a letter stating you dont need another medical for 5 years then i dont think they will bother you.If they do write to them and give them a copy of your letter, i would also advise you if they do try and give you a medical before the 5 years go to an advice centre they will be able to fight you case for you.

Share this post


Link to post
Share on other sites

I feel as atos are being so snotty about they recording equipment accepted by them that they should have a device in each interview room at their cost or allow us to use our own.

Share this post


Link to post
Share on other sites

I think atos took over in 2005 (someone on this site will confirm it)

Make sure if and when you go you take someone with you (it will go against you if you dont) and remember they are employed by atos, they are neither impartial or objective.

Share this post


Link to post
Share on other sites

get the name of the person doing the medical and check online if they are registered with the general medical council

they have to by law

 

send atos a letter as well

 

ask if your condition was diagnosed by a computer program called

 

L.I.M.A.

 

SORRY ATOS, OUT THE BAG NOW

 

IT STANDS FOR

 

LOGIC, INVESTIGATION, MEDICAL, ASSESMANT

Share this post


Link to post
Share on other sites

I think recording the medical exam would help but i think a major problem with the hcps employed by atos is in their written reports.Most people seem to think their medicals have went ok and they have answered all the relevent questions but when they are informed that they no longer qualify for benefits its only then that people ask for a copy of the hcps report and realise that the hcp has put down the exact opposite of what you told them.

I would like to see that after the medical you have access to a translated copy of the medical report before it is sent back to the dwp.

Then and only then will it be deemed fair to everybody it will also make sure that these people who are employed by atos will have to do their job the way they are ment to .

Prior to 2007 (according to atos) people were entitled to a copy of the report but for some reason they dont need to now ( i have asked atos to show me the official document that proves this but yet they havnt)

As far as i am concerened atos are in it for the money only and it wont matter a jot to them what your cindition is and how it affects you and the dwp and the government are happy to let them carry on as long as it gets people off the sick.

In one of the earlier posts on this site someone is asking for people to sign a petition to 10 downing st and i would ask as many people as they can to click on the link and sign it.

Maybe we should petition 10 downing st to go back to allowing people to see their medical report before it is sent back to the dwp.

I am sorry if it seems i am ranting but everytime i read posts on this site i get so angry by the way the government, the dwp and atos are treating people with genuine illnesess and disabilities

Share this post


Link to post
Share on other sites

Demand A Copy Of The Referal Document And Report

 

Send Atos An Sar

 

I Did Even Though My Case Is Occupational Health Through Work

 

I Have Atos In Court At This Moment

 

They Are Putting Peoples Health At Risk And A Lot Are Not Qualified To Give Reports

 

Cagboot If You Wish

 

I Have All The Evidence Presented To The Court

 

Gmc Report

Hpc Report

 

A Lot Of States In America Have Banned Atos, Putting The Company Before Patients, They Are Owned By An American Insurance Company

Share this post


Link to post
Share on other sites

You can only contact the gmc if it is a registered doctor atos call their people health care profesionals and this allows them to employ doctors , nurses, physios and any other person with a medical background as long as they go through and pass atos,s training.

Their training consists of 6 stages and it includes reading, class days, more reading, multiple choice questions (which you have to pass) another in-house class day and then you have to do 5 medical exams which are with someone from atos and if you pass them you are then a qualified hcp and can go and do the medicals on your own

Share this post


Link to post
Share on other sites

Beg To Differ

 

Ime Talking Not On Occupational Health But Medicals For The Dwp

 

Part Of The Contract The Goverment Has With Atos Is All Its Advisors Ref Esa. Well Benefits Payments Have To Be Registered With The Gmc Or Midwifrey Council

Share this post


Link to post
Share on other sites

The Ocupational Health Side Is That All The Atos Staff Have To Be Registered With The Health ProFessions Council

 

But They Dont Tell You What The Staff Are Qualified In, Be It

 

Orthaopaedics

Virology

Brain Surgeon

 

Get The Idea

 

And They Will Not Tell You

 

Thats Why I Used Cpr 31.16

Share this post


Link to post
Share on other sites

You could be correct but i have seen posts from people who have complained to the gmc about how their medicals were done and the gmc have said they cannot get involved because the hcp was a nurse and not a doctor.My wifes medical last week was done by a nurse and i asked her for her gmc registration number and she told me she wasnt registerd with the gmc but was passed to perform these medicals by the secretary of state

Share this post


Link to post
Share on other sites

Does the health profesional council have their own web site and can you contact them and ask for peoples registration

Share this post


Link to post
Share on other sites

thats crap

 

they have to be registered

 

ive had the same reply from the gmc ref registration numbers etc

 

you need to send atos a letter

 

ask for the registration number of the person doing the medical with the gmc or midwifrey council

 

tell them you do not require info on the health professions council, only midwifrey council and gmc

 

ask them why a person not registered with the midwifrey council and/or gmc is doing dwp medicals

 

do you need the address for complaints

 

send recorded

 

ive had acess to the contract between atos and the dwp

 

cant say much more for obviouse reasons

Share this post


Link to post
Share on other sites
get the name of the person doing the medical and check online if they are registered with the general medical council

they have to by law

 

send atos a letter as well

 

ask if your condition was diagnosed by a computer program called

 

L.I.M.A.

 

SORRY ATOS, OUT THE BAG NOW

 

IT STANDS FOR

 

LOGIC, INVESTIGATION, MEDICAL, ASSESMANT

 

A condition is not diagnosed by LiMA. (Logic Integrated Medical Assessment). The purpose of an ATOS assessment for ESA/IB is not of diagnostics, as dignosis bears no relevance to the benefit system, and in most cases, the claimant has already been diagnosed with a condition. The DWP's position is to have it established how the condition affects the capability of a person to perform in a work related environment, to decide if the effects of the condition would place someone in the category of completely incapable of work, or capable of some type of work in accordance with the descriptors. The ESA system is set up to concentrate on what a claimant can do rather than what the cannot do.

 

The LiMA programme is simply a tool for data entry for the purposes of a DWP medical report, it provides medical assessors with a framework based on best medical practice to record their clinical findings. The medical assessor is still in control of making any judgements in relation to the condition; it is not for a computer programme to diagnose. It contains the same questions and multiple choice answers that the paper IB85 does. The use of free text is also available, if the assessor doesn't feel the optional choices allow for an accurate answer.

 

There is more about LiMA here for anyone who would like to read about it.


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)

 

 

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...