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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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furnitman2003

ESA, your having a laugh!

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Hi happyhamr

My WFI ( If that is actually what it is called, it may actually be called Work Focused health related assessment) was at the same place as my Atos Assessment, and is different to the Pathways WFI.

Please correct me if I'm wrong, anyone.

 

Yes I am in the Work Focused Group, getting the additional 25 quid a week, I dont qualify for the support group, still not sure why though.

 

Dont be sorry, I'm STILL confused by it all, just plodding along, lol.

Alan

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Another interesting point, at my recent Atos interview/assessment, I told her I had complained about my last Atos 'interrogation' and the lies they had told and pointed out some examples, I also mentioned that the phrasing/wording being used by Atos and DWP in their letters and reports were, at the very least misleading, at worst deliberately done, to cause confusion, thus enabling a biased verdict in their favour, she assured me the way their letters were worded was misleading but they were being reviewed.

About time. I'll believe it when I see it.

alan

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hellow,furnitman 2003,

 

I think i have been told this before.

 

I have not had a WFHRA assessment yet,but i have attended 2 work

focused interviews at Pathways:confused:....the 1st one being before my original medical(atos),5feb, and the 2nd time was on the 15 march.

 

(thing)

The "Funny" is the second time i managed to get there,i was only there for a few minutes(he saw what state i was in)and another appointment

was made?

Next appointment 23rd of april(did NOTattend),phoned on the 20april, stating "sorry,can not make ". WFI(person) was fine with this and

the next time i am due go again is the 14h of july,bearing in mind my

operation after being cancelled is now the 21 of june.

 

SO,having attended,and still having to go to these (WFI),surely i should

get back all the "back-dated",25pounds?...yes/no or am i being to

"OPTIMISTIC", IF NOT ,why do people have to "attend/go to these

 

Work....Focused...Interviews.,cheers:-)hamr

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I will probably get a WFHRA,when hopefully "all fit and well

 

A "little" bit LATE, me thinks:rolleyes:

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I had already had all of my pathways inteviews before I even had my 'medical' and so the next interview I am due at is the work focused interview at the same ATOS office. This is because I won my appeal.

Has anyone got any advice as to what the out come of this interview is likely to be?

Edited by cbbc
ammended

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Hi furnitman,

 

Very first time on a thread. Did you know that you can claim jobseekers allowance even though you are not fit for work? You just tell them you are etc, and it does not go against in your tribunaral when you appeal. I only know this as I had very bad post natal depression and ptsd as part of a difficult birth,and underlying medical condition bought on by my pregnancy. I attended my assesment and got a big fat 0! So I googled which is my best friend and came across certain sites and learnt this. Unfortunatley I cant remember which for you to visit. I only had a few weeks contributions left anyway so I didnt as Im not entitled to income based. I didnt fight as I dont have the will to fight like I used to. I was very "gobby". But I hope you fight all the way dont give up.

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I had already had all of my pathways inteviews before I even had my 'medical' and so the next interview I am due at is the work focused interview at the same ATOS office. This is because I won my appeal.

Has anyone got any advice as to what the out come of this interview is likely to be?

 

Hi cbbc,

I may be mistaken, but I think the work focused interview you are having at Atos is going to be the "work focused health related assessment", the same as the recent one I had, following my overturned decision.

The outcome of which I've had no official notification of yet, but at the interview I was told, I would be left alone, and not need to attend any more interviews for the time being.

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Thanks fo the info furnitman. I will see what I can find out.

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Update.

I've recently had my RBLI 'Pathways to Work Interview.

I must admit I was not looking forward to it, in fact I went there with a very defensive attitude, and jumped down her throat, when she asked if I new why I was there, and sounded off about Atos. after that I did calm down a bit, and we had quite an interesting chat, I explained that it is my intention to return to work at some point, as I dont want to be at the mercy of the DWP longer than I have too, it just wont be yet, or be able to do the type of work I used to.

She then said, its not their intention to get me staight back out to work, but instead, to help in whatever way they can to find work that I would be able to do.

This first interview was basicaly information gathering and checking, (like they dont have enough already, lol)

 

It was'nt as bad as I thought it would be, I am, however, cautious, and will not take what they say as fact.

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Had my second RBLI, WFI interview yesterday, what a complete waste of time that was, (good job its only just down the road from where I live).

They just asked a couple of questions, checked a one page questionnaire, asked if I'd read the booklet I was given at the last interview, and then was very patronizing, and treated me like an idiot.

I was in there for about ten minutes, if that. I came out feeling the lowest of the low, humiliated and ashamed, I was made to feel I needed their help, I don't.

 

Despite my history of anxiety and depression, and with the help and support of my family and understanding employers, I have worked most of my adult life, its due to 'the car accident', that I'm now in this position, I'm sure I'll get out of it when I'm physically recovered, what I don't need, like a lot of others, is all this hassle, my heart goes out to everybody suffering at the hands of this system.

I'm up for anything that needs to be done to stop this 'in-human' treatment.

 

Sorry, rant over.

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Hi All.

Here we go again. Just recieved a new "ESA50 Questionnaire" this morning.

However, thanks to everyone on this site and ones like it, I feel better armed to deal with it this time round, (in fact I'm quite looking forward to the challenge), I'm not sure if thats the right attitude to have about all this, but I feel its fight or go under.

My present physical and mental health issues make it harder, but I'll do whatever it takes.

Alan

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Yeah the pain is ongoing, there is no end result for most of us.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Hello again furnitman. I think one of the things we've learned on the forum is that the ESA50 form should be filled in with the most detail possible. I hope I'm right, but my impression is that if there isn't much information on the form things are more likely to go wrong.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Indeed, very detailed, and very! very!!!, carefully worded to avoid any misunderstanding, not forgetting photocopied for future checks.

Alan

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Quite right, defo the way to go. Please keep us posted.

 

HB x


Illegitimi non carborundum

 

 

 

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Update. Re: RBLI, Pathways to work Interviews

 

Attended my RBLI interview this afternoon at 2pm, I was asked how things are going, I explained I'm still waiting for hospital appointment regarding my arm, and further doctors assessment of mental and physical condition/injuries.

She then said ok, this is your last session, if your still on ESA we will see you again in three years.

 

I then asked her what exactly was the point of all this, nothing has been achieved, its been a complete waste of time, she said the government are trying to get everybody off benefits, as there is not the money in the pot, there is always something people can do, I then said some people are just not physicaly or mentaly able to work, she then said well they are put in the support group.

 

I then argued that to be in the support group you have to be dead or dieing, Atos vary rarely assess people for the support group, they just assess as many as they can as fit for work, so they come off of benefits, she did agree that Atos were'nt very good, but then said their is always something people can do, there is no reason for anyone to be out of work.

 

She went on to say she has people on her books in wheelchairs who are doing some form of work, there is no excuse.

I was begining to loose it at this point, so I then said we will have to agree to disagree, but as I see it the government don't give a damn, just so long as they save money.

I was standing up by now and thought what the hell, I showed her a picture of the mangled wreck that was once our car, and said I considered myself lucky to be pulled out alive, so I'll return to work when I'm able and not when the government tell me to. all she said was she sees alot of pictures like that, I was fuming and just turned and walked out, saying on the way "see you in three years". ( probably be less, if Atos have anything to do with it ).

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I spoke to a lady from the Dorset Mental Health Forum today and she is deeply concerned about all the people with mental health problems that are being scored a zero.

 

It makes them a lot worse.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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I should say "us" a lot worse, not "them" because I've got mental health problems.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Update. Re: RBLI, Pathways to work Interviews

 

Attended my RBLI interview this afternoon at 2pm, I was asked how things are going, I explained I'm still waiting for hospital appointment regarding my arm, and further doctors assessment of mental and physical condition/injuries.

She then said ok, this is your last session, if your still on ESA we will see you again in three years.

 

I then asked her what exactly was the point of all this, nothing has been achieved, its been a complete waste of time, she said the government are trying to get everybody off benefits, as there is not the money in the pot, there is always something people can do, I then said some people are just not physicaly or mentaly able to work, she then said well they are put in the support group.

 

I then argued that to be in the support group you have to be dead or dieing, Atos vary rarely assess people for the support group, they just assess as many as they can as fit for work, so they come off of benefits, she did agree that Atos were'nt very good, but then said their is always something people can do, there is no reason for anyone to be out of work.

She went on to say she has people on her books in wheelchairs who are doing some form of work, there is no excuse.

I was begining to loose it at this point, so I then said we will have to agree to disagree, but as I see it the government don't give a damn, just so long as they save money.

I was standing up by now and thought what the hell, I showed her a picture of the mangled wreck that was once our car, and said I considered myself lucky to be pulled out alive, so I'll return to work when I'm able and not when the government tell me to. all she said was she sees alot of pictures like that, I was fuming and just turned and walked out, saying on the way "see you in three years". ( probably be less, if Atos have anything to do with it ).

 

Hi furnitman2003

 

What a way to go she seems as if she could be one of goverments back benchers,

Keep on fighting.

:jaw:Or work for ATOS...........

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I've nearly compleated the ESA50 form almost ready to send it off,

and in as much detail as possible, I've also included some 'other Information', along with the following:-

 

..........

As regards my mental health condition, this has not improved since the accident, and has been made even worse of late due to the stress I have had to endure at the hands of Atos / DWP.

I wish to point out at this stage, I am not at all confident in Atos Healthcare being in a position to give an accurate account of my condition ( both physical and mental ). my previous 'medical' assessment back in March proved beyond doubt the 'so-called' Healthcare Proffesionals in-abilility to give an accurate assessment of my condition.

 

My GP and my Medical Records are conclusive proof of my condition. therefore any statements contradicting my GP and my medical records made by Atos and / or The DWP, ( and in particular the Decision Maker ). will be lies, and as such subject to legal dispute AND further action.

 

In addition to the declaration overleaf, I assure that not only is the information given in this form correct and complete, it is as detailed as I can possible make it. Feel free to check my medical records.

........

 

I'm aware as to who will get the form, lets hope they take notice.

Alan

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That is a good idea for everyone. I will certainly do it myself.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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I agree .............that should be a good sticky ............- I think there's a blog called " Diary of a Benefit Scrounger " ....I think ? she used to be a high earning model .....she had to go to a probably deliberately horrible don't give ATOS " medical centre " and was told " You are lucky to still be on IB - if you've one eye , you use the other , one leg , one arm , only 5 fingers " etc , etc .

 

One ATOS Doctor admitted in the Guardian that he'd orders to fail 75 % , come hell or high water . If Clegg says 75 % are apparently fit for work , 75 % will be failed ....simple as .

 

I've dealt with them at work .....a dreadful , corrupt & amateurish firm .

 

On Planet DWP according to floor crossing Freud ....it's NHS GP's , Consultants etc that are corrupt as they 've " vested interests " and are too frightened of claims .....it's laughable as there's effectively 2 or 3 layers of beaurocracy ( state funded ) dealing with them ( ATOS ) and shocking horror stories .

 

At first at work with them , first we were told by a obviously senior manager trying to make out he was only operational middle .....er yeah right ! that we should stop all this talk about ATOS not being proper doctors . Some staff had too much negative stuff to say about the business and " something will be done about it " as it was bringing the company into disrepute.....they don't need any help from staff with that .

 

Then we were told by this Senior Manager ....if we went on strike , they would break our union and we wouldn't be able to pay for broadband out of giros to make trouble , and wouldn't be able to afford the Socialist Worker .....basically a form of bullying , i.e. " I am right , you are wrong , anyone who has been to a meeting or read " The Graniuad " is a raving communist " ....well of course !

 

Then we had another missive from this walking Recruiting Sargeant for our union - apparently your GP / Consultant is not qualified to say if you're unfit for work through accident injury or ill health ....only ATOS know that !! as they are occupational health and know your job : - ) ) , it was strange at the " ATOS Clinic " ( A spare empty office : - ) ) ) that I had to explain my job to them . Apparently I'd a sitting down job .....I'd have needed 10 + years service for that and to be a " favoured daughter / son " and the doctor ( who to be fair did a proper report on me .& was a decent bloke ..........only problem was .....my area rep wanted it copied and framed ! ....given all the horror stories .

 

He was genuinely surprised seeing people on crutches etc that were genuinely ill .....God only knows what rubbish he'd been fed with ? .

 

Then we'd the latest round of propaganda that the Nazis would have been proud of ......apparently all the complaints re ATOS were because people were not being told what they wanted to hear i.e. they were all professional skivvers / old soldiers ....sour grapes .

 

That first Senior " manager " mentioned was right ....they sacked this woman for innocious comments on a staff forum , the Union got her a top barrister .....by "coincidence" as soon as the papers had been " mysteriously " tipped off , the Business settled on the Industrial Tribunal steps .

Edited by Bustard

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Atosh are so stupidly blatant with their zero or 2 points. If they had half a brain they would award 8 points here and 5 points or whatever there.

 

At least it would look more feasible. But no, so blatantly stupid; let's hope it's their undoing.

 

- dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Orders from our Branch Secretary were to report them to the General Medical Council .....the firm felt they could get away with using ATOS to bully " malingerers " ( Our Industry had the most muscoskeletal injuries in the country ) back to work as they could afford the insurance .

 

We have had reps telling managers - " We will see you in court " re ATOS ....people poorly with cancer etc . The orders were " we will have some work out of you " , when questioned as exactly who might be standing in the dock be it the firm or ATOS Origin ....we were " being negative " ....in english that means " we are right and will broker no criticism " .

 

The Union puts in appeals through their legal officers and solicitors ....if justified the Union gets proper doctors / consultants with specialisation not " jobbing GP's jack of all trades and masters of none " according to our Branch Secretary or hacks , quacks and ex Army Doctors .....you know the scenario , a squaddie has flu so they make him stand outside for a hour in the rain and he ends up with pnuemonia waiting to see the MO .

 

Nowadays it's HCA's as not enough profit is made .

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As you might have seen on another thread, I actually got an apology from Atos - well, they wrote to my MP when I got him involved, and said they'd done an "immediate investigation" to see why I had scored zero points. I still don't know where that leaves my appeal though.

 

However, before I got this letter, we got another one with an attachment that explained that the Atos doctors are "specially trained" and that "The Atos Healthcare Professional's examination is not to diagnose or discuss treatment of the customer's illness or disability. It is to assess how it affects the customer and their ability to work. Our aim is to look at what each customer is capable of, not what limitations they may have". Which is interesting, because the ESA form and the DLA form focus on what you CAN'T do.

 

Oh well........

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