Jump to content


  • Tweets

  • Posts

    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ESA home medical


joe24sc
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4535 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been housebound since feb due to anxiety and panic disorder. I am getting a home medical visit by atos in the next few weeks !

I am currenty under treatment with a CPN.

Do i have a chance of passing this so called medical ?

Will they stop my £65 benefit i get every week ?

Link to post
Share on other sites

Well how long's a piece of string?

 

For mental heath especially anxiety it's a 50/50 lottery judging on the experiences here.

 

The fact you've managed to get a home visit is a very good sign in your favour as 90% of us are refused one.

 

Remember the assessment is just another bit of evidence gathering! It's not the be all and end all!

 

My welfare rights told me I stood no chance in one! I scored 0 points!

 

Just read up on the appeals process (see stickies above) - just in case - as if the worst happens chuck in your appeal and payments resume. Remember if your getting HB/LHA/CT you need to fill in a change of circumstances form as they'll suspend payments - if ESA stops - have one ready bang it in and you probably will not miss one.

 

Take my case; ESA awarded Anxiety & Depression on reconsideration 6 months later based on my ESA50 form and appeal alone. You (I hope) will have good evidence and support from your CPN and doctor! I had none of that and still won!

 

Summary: don't worry about it! Just be prepared in-case the worst happens so that you can deal with it and get the right result!

Link to post
Share on other sites

Thanks for the advice on this. can any1 answer these questions.

 

Is it a doctor that does the home visits and how long does this last ?

 

How long after visit will i recieve the results ?

 

Ive read about on the web about home visits and some people suggest to leave your home in a messy state for the home visit, would that help.

 

I rang atos to ask if they had recieved a letter off GP explaining that i could not go to medical centre and the atos said "home visit guaranteed ".

 

And also seen as though i have not been outside since feb how many so called points will i get for just that ?

 

Its really stressfull going through all of this ,,, shouldn't really have to do it because the medical evidence is allready there !!

 

 

Thanks

Link to post
Share on other sites

Hi, I managed after fighting hard to have a home ATOS visit for my son, the actual visit I can't complain about at all, the Dr was polite and communicated well. The actual assessment lasted for approximately 30 mins, the one good thing about it against those that are held at a Medical Centre is that the Dr is not staring into a computer screen, he takes hand written notes.

You will get written notification of the date and time of the visit and it shold also state the name of the 'Health Professional that is coming to see you. If they have not given a name I personally would ring them to find out who it is, they will know as they will have booked them for the visit.

My advice to you is to have a trusted family member or friend there throughout the assessment mainly as support for you but also as a witness to everything that is said, if the assessment is not successful their input is essential when you go to appeal.

On reading ATOS reports they do make an issue about appearing 'well kempt' so tidiness appears to be a big issue to them, but tbh I would just be yourself as sometimes trying to give another impression can end up in causing you more stress and be detrimental to your well-being.

If you haven't heard anything from the DWP within 10 working days ring them and ask if they have recieved the report, that is how long they told me it took for it to get to them. If they have recieved it you can ask how many points you were awarded they can tell you over the phone. If 15 and over then you have passed if not ask straight away for a copy of the report and an appeal form.

From what you have said the descriptor GAa is relevant: Cannot get to any specified place with which the claimant is familiar that alone gives you the 15 points required.

Link to post
Share on other sites

  • 1 month later...
Hi, I managed after fighting hard to have a home ATOS visit for my son, the actual visit I can't complain about at all, the Dr was polite and communicated well. The actual assessment lasted for approximately 30 mins, the one good thing about it against those that are held at a Medical Centre is that the Dr is not staring into a computer screen, he takes hand written notes.

You will get written notification of the date and time of the visit and it shold also state the name of the 'Health Professional that is coming to see you. If they have not given a name I personally would ring them to find out who it is, they will know as they will have booked them for the visit.

My advice to you is to have a trusted family member or friend there throughout the assessment mainly as support for you but also as a witness to everything that is said, if the assessment is not successful their input is essential when you go to appeal.

On reading ATOS reports they do make an issue about appearing 'well kempt' so tidiness appears to be a big issue to them, but tbh I would just be yourself as sometimes trying to give another impression can end up in causing you more stress and be detrimental to your well-being.

If you haven't heard anything from the DWP within 10 working days ring them and ask if they have recieved the report, that is how long they told me it took for it to get to them. If they have recieved it you can ask how many points you were awarded they can tell you over the phone. If 15 and over then you have passed if not ask straight away for a copy of the report and an appeal form.

From what you have said the descriptor GAa is relevant: Cannot get to any specified place with which the claimant is familiar that alone gives you the 15 points required.

 

 

 

Thanks every1 :)

 

Had my medical 2 weeks ago and have been put inot the WRAG group. Had no letters or nothing off them yet so i rang them last week and they told me over the phone.

 

I would not call that a medical, all they were doing was asking questions.

 

How long do they take to backdate your claim to week 14? its been a week since i found out and i am still waiting ?

 

 

Thanks

Link to post
Share on other sites

Well how long's a piece of string?

 

For mental heath especially anxiety it's a 50/50 lottery judging on the experiences here.

 

The fact you've managed to get a home visit is a very good sign in your favour as 90% of us are refused one.

 

Remember the assessment is just another bit of evidence gathering! It's not the be all and end all!

 

My welfare rights told me I stood no chance in one! I scored 0 points!

 

Just read up on the appeals process (see stickies above) - just in case - as if the worst happens chuck in your appeal and payments resume. Remember if your getting HB/LHA/CT you need to fill in a change of circumstances form as they'll suspend payments - if ESA stops - have one ready bang it in and you probably will not miss one.

 

Take my case; ESA awarded Anxiety & Depression on reconsideration 6 months later based on my ESA50 form and appeal alone. You (I hope) will have good evidence and support from your CPN and doctor! I had none of that and still won!

 

Summary: don't worry about it! Just be prepared in-case the worst happens so that you can deal with it and get the right result!

 

I sure hope this person does have her benefit paid at the lower rate pending appeal should the ESA assessment not give enough points (quite laughable, they rarely seem to give more than 0 points if you can walk, talk and breathe). I failed my assessment and have started the appeal process (as described in another thread here). Although I submitted a medical certificate from my GP and requested the lower rate of benefit to be paid me pending a Tribunal (all as advised by the DWP), I am still not receiving any benefit at all. Telephone calls to their offices get me nowhere. My local Job Centre attempted to find out what was going on and even they were stonewalled. My MP is attempting to find out why I am not receiving any benefit pending the Tribunal and even she is getting nowhere. So, even following all the advice and instructions from the DWP means absolutely nothing once your file goes back to a Decision Maker. It is as if they are up on some kind of pedestal and now regard themselves as beyond all contact from "mortals".

 

Anyway, yes, in answer to the first post, fingers crossed you can get enough points from your ATOS assessment and, if you do not, get in an appeal straight away.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...