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    • 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?  
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furnitman2003

ESA, your having a laugh!

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the customer being the DWP - it's a contract .....do NOT upset the cilent in any way . IF it WAS to get people into work on light duties it wouldn't be so bad but it's target driven .....with a Centralised Target Culture you get pressure which is just a euphemism for bullying & lurid headlines for Politicans in the Daily Mail & Sun .

 

Most of the questioning is very disingenous & underhand , the LIMA software is based on Medical Claim Insurance in the States i.e. any excuse not to pay out , no matter how vague , obscure or contentious . The Firm that orginally came up with this software were banned in the States .

 

The Union found most of the ATOS " reports " to be riddled with factual errors , negative , contradictory , begging more questions than answers , shoddy & amateurish , even managers found that the service from ATOS to be poor .

 

The Employer went on the basis you had a " good " doctor .....if there was PC issues ....they " miraculously " went easy ....nothing to do with being threatened with investigation of course ! & impressing gullible and naive people in " non jobs " / professional busy body jobs .

 

If someone had been injured ....ATOS were only interested in getting people through the door as cheaply & quickly as possible for the firm , and staff have had to fight the company tooth and nail to go back to work when ready . The kindest thing you can say is there's a very regimented system which is too top down and there is a lot of pressure . Bullying is rife nobody is immune

 

Yep ! ....it's bent and corrupt .

Edited by Bustard

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Hi guys , I have just had an email from a certain Philip Hendry asking me to go forward and put my story in his BBC debate which is being started on november 29th according to the email.

This might be a good thing and I believe he is looking for the stories of those having problems with ATOS healthcare in all areas, but mainly to do with the fabrication of reports and lies that they bring on most of us.

If anybody could get in touch with him by email with the story of what had happenned to you then it might get a larger impact to have a lot of people invloved and for him to have more to work with against ATOS/DWP.

So come on guys if it is ok by the Admins here can we do something in the way of offering up evidence of what we have been put through , at very least it will get publicity and up to date information out there and will bring more people in to here as well and out of the woodwrokm so to speak that have been hiding away and too afriad to fight against ATOS and the DWP.

Look forward to all who are interested in helping out here. Cheers guys

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I'm up for that, and, if its OK with this site, I would like further details.

I've documented everything in the form of a 'diary' from day one of my 'accident' write through and including all the hassle I've been through with the Benifit System, and in particular ATOS, both my last Assessment ( a lot of the details are on earlier posts in this thread ) and now this forthcoming one.

Alan.

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Thank you for the link!

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Ok guys . I have been asked to be interviewed next week by BBC guy, I will and have pointed out the forum here as a place for him to see and look at how widespread the isues are with ESA and ATOS, He has been there before with ATOS and is revisiting the issue again, I only hope that I make some impact on the issues at hand , but cannot say until he has been and done interview, I will post on here once it takes place though.

While I am on here as well , does anyone know of the american ATOS legal fraud cases at all , considering the lima software we are up against is american based then it might also be handy to find some proof of this legal action against ATOS in america, it will definately prove the point that they are dodgy anyways if nothing else, but if it does have a reflection on the way ATOS are dealing with people now on sickness based benfits then it might well be some good ammunition to use against them as well.

Thanks again speak to you soon.

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the firm that orginally used that sort of " claim denial factory " software were banned from practicing in California , it is mentioned on one of these threads ....there was simply too many complaints .

 

Unfortunately we seem to import many of the wrong things from across the pond & Freud who accused Doctors of being " corrupt " and politicans got over excited and tried to be too clever by half .

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Thanks bustard much appreciated, I will go look tomorow when I feel up to it , feeling a bit low at moment and mentally drained but will be back lol, I will also post again when I get more information on this BBC guy coming to film me at home about ATOS next week, he was very interested when I emailed him about the fact ATOS found me fit for work and also have found me as disabled and industrial injured as well , most contradicting and the reports well, they are so fabricated and complete nonsense that even the decision maker should have seen all the contradictions on the ATOS hcp part, eg, I sat through the whole interview, and in next sentence the client rose twice during interview????? confused well i was , perhaps it was written in code for the decision maker or something as it both reports for ESA that are like it, well I have had my rant for the night hehe, I am hell bent on getting ATOS sued and bringing them to justice and everyone else in the way and with them i.e DWP as well, I have so many things on the go at present with BBC, Local MP, solicitors , it goes on and on I only hope my head dont explode cos thats how it all making me feel.

Anyway, thanks for help and messages from people on here much appreciated, if Admins will give me the say so I will post the BBC person information for sending in your story and see if he will take it on board as he has mine, Take care you all and speak soon.

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the problem with old school DWP people is that they can be very literal minded and a bit obtuse ......very limited i.e. if you said jokingly that you lived in a barn they'd write it down ....but don't underestimate them ....basically thick as two short ones but too clever by half as well

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I must refer my CPN to that BBC report when I see him tomorrow. He and his colleague have attended the ATOS medicals with a patient and then got the ATOS report which bore no relation the the interview or the facts about the patient's condition. Can you imagine someone taking their own mental health professional to the medical and then the ATOS report giving them nil points? If I didn't know the professionals involved I would think it was too bad to be true.

 

Luckily the CPN is making sure the patient appeals- they are too sick to even consider it, never mind pass a medical.

 

Personally, my health has deteriorated hugely with the stress of the last year. Every day I expect a letter requesting my presence at ATOS. It is like permanently waiting for the hangman to knock on my door.


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Hi All. Just am Update, but I believe an important one.

As mentioned in an earlier 'post', I'm about to go through this Atos fiasco all over again but, along with the help and support of the people on this site, I was better prepared.

I filled in the ESA50 form, attended the Atos 'Med' Assessment, and have thankfully 'PASSED'.

The so-called HCP appeared a bit deffensive, and was looking at my ESA50 form, and did comment on what I had written in the 'Other Information' section of the form.

If this made any differrence or not, I'm not sure.

He went on to say this assessment is the same type as the last one, though I felt a lot more at ease this time.

The Questions still bore no relation to the Questionnaire, so it will still be interesting to see what the results are.

I've yet to receive the actual decision letter.

Still, a good result.

I do believe the comments I made about my last Assessment, in the 'Other Information' section (see Post '95') may have had some baring on this Assessment, who knows.

Alan.

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You passed, as in getting enough points to continue on ESA? That's great, well done.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi All. Just am Update, but I believe an important one.

As mentioned in an earlier 'post', I'm about to go through this Atos fiasco all over again but, along with the help and support of the people on this site, I was better prepared.

I filled in the ESA50 form, attended the Atos 'Med' Assessment, and have thankfully 'PASSED'.

The so-called HCP appeared a bit deffensive, and was looking at my ESA50 form, and did comment on what I had written in the 'Other Information' section of the form.

If this made any differrence or not, I'm not sure.

He went on to say this assessment is the same type as the last one, though I felt a lot more at ease this time.

The Questions still bore no relation to the Questionnaire, so it will still be interesting to see what the results are.

I've yet to receive the actual decision letter.

Still, a good result.

I do believe the comments I made about my last Assessment, in the 'Other Information' section (see Post '95') may have had some baring on this Assessment, who knows.

Alan.

 

That's great news!

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Great news! As f or me, well after getting an apology from Atos (!!) thanks to the MP writing to them, they have reversed their decision without me needing to attend a Tribunal! The back payment is coming in very handy seeing as we've been living under the poverty line for the past year thanks to my sudden illness.

 

There is yet another article in the Daily Mail about how only 6% of people are actually in need of the benefit, which is an insult to all sick and disabled claimants. You should see the comments by most people on there - I hope none of them ever need to claim, I can tell you!

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Well done medsec, another good result.

 

We should not have to be thrilled to get what we should have got all along, but that's the way it is now.

 

- 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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medsec - don't EVER read the crud spouted by the morally unintelligent readers of the DM's anti-benefit brigade!

 

I read the same article last night after being pointed to it thru facebook and I got sooooooo flipping angry cos:

a) I lowered myself to register and add a comment that promptly got moderated out (LOL)

b) My then foul-temper prevented me getting even less sleep than I usually get so the moral of my sorry tale is:

 

 

 

JUST DON'T GO THERE :D

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medsec - don't EVER read the crud spouted by the morally unintelligent readers of the DM's anti-benefit brigade!

 

I read the same article last night after being pointed to it thru facebook and I got sooooooo flipping angry cos:

a) I lowered myself to register and add a comment that promptly got moderated out (LOL)

b) My then foul-temper prevented me getting even less sleep than I usually get so the moral of my sorry tale is:

 

JUST DON'T GO THERE :D

 

I know I KNOW!!! LOL It's like a drug :(

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Here we go again.

 

I'm about to go through the Atos Farce all over again for the third time, ( 1st one failed,'0' points, but passed at reconsideration. 2nd one passed with 18 points ).

 

I Returned my most recent ESA50 form on the 6th June. ( New questions, different lay-out, very 'clever' wording ).

 

I then had an interesting phone call yesterday from ATOS. To arrange an appointment for a Medical.

 

During the call,

I asked her "how come your ringing, you normally write with appointments", she claimed they used to do that, but had too many complaints, they now ring up to arrange appointments. Then send confirmation letters out later.

Anyone else had this?. and I wonder what 'complaints' ? curious!!!

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