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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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reallymadwoman

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:reallymadwoman:

 

Given that the eventual outcome of my reassessment will affect my family, we have discussions about what to do for the best in our house as well. Apart from anything else I need my daughter to keep the technology working and my husband to courier everything to the Post Office.

 

It has occurred to me that in the midst of my complaining about complaining to the Astressors I forgot to ask if there was a hint of anything useful in their response. Now I understand that it's entirely your fault you've been waiting nine months for a messical, entirely your fault that DWATO don't have enough recording machines or a ground floor assessment centre near your home, but praps they gave you a clue as to what they're going to do about it :?:

 

Take care of yourself, Margaret.

Edited by **Margaret**

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It has occurred to me that in the midst of my complaining about complaining to the Astressors I forgot to ask if there was a hint of anything useful in their response. Now I understand that it's entirely your fault you've been waiting nine months for a messical, entirely your fault that DWATO don't have enough recording machines or a ground floor assessment centre near your home, but praps they gave you a clue as to what they're going to do about it :?: [/color][/size][/font]

 

Take care of yourself, Margaret.

 

You are spot on that it is completely my fault that they don't have enough equipment or suitable premises - if I could manage stairs and wasn't demanding a recording there would be no problem at all! As to what they are going to do, who knows? I certainly don't because they haven't told me, but perhaps that's because they don't know either.

 

We are currently drafting our response to their response - this could go on forever!


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:reallymadwoman:

 

'...... that's because they don't know either!'

 

Another comment that's probably spot on. Could offer a few suggestions but doubt the Astressors'd like em; might dent their obscene profits. Can't be having that now can we?

 

Was sort of hoping against hope they'd be sensible and give you some inkling cos I know you want it over and done with, but clearly twas too big an ask. :doh:

 

Take care, Margaret.

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Response and request for review by a senior management sent yesterday. When that comes back in equally patronising and avoiding terms, it's on to an independent review which could apparently take months. in the meantime, I'm still waiting for another appointment - number 5 and counting.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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In their response to my complaint ATOS said they had contacted my GP and been told a few things which I wasn't very happy about, so I raised the subject when I saw my GP today.

 

There is absolutely no record on my file of any contact from ATOS and my GP denies categorically that he would have ever said what he is supposed to have said, and I believe him. Specifically, he says he would never discuss a patient on the phone with someone he knows nothing about without my express written permission, and there is no copy of my authority anywhere on record - he went through my paper file whilst I was there, though we were both aware he was going through the motions as he'd be very unlikely to forget a conversation like that.

 

My GP is furious and has asked for a copy of ATOS' letter - he quite rightly thinks they could easily have destroyed our doctor/patient relationship - and I'm quite willing to let him handle this complaint. I think ATOS may have seriously outdone themselves this time, especially since the GP is now very firmly on my side and rapidly getting up to speed on ESA criteria. I am expecting a very supportive letter from him shortly.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:Hiya reallymadwoman:

 

You heading for another sleepless night? What you've described is offensive n underhand even by the Astressors standards, which are already lower than the lowest of the low. One of my first thoughts is that the :lie::lie: strengthen the argument for audio recorded messicals.

 

Have a careful re-read of page 19 of an ESA50. (Seem to have spent all day dealing with ESA50s for one reason or another) Does what the Astressors have written come under 'info which is needed to deal with this claim for benefit'? They've decided on a home visit cos they haven't got a chair accessible centre. You want an audio recorded messical. Not sure either issue has any relevance to eligibility for benefit?

 

Of course the pinocchios could end all this aggro by getting your messical over n done with but as that seems beyond them, good luck to your doc.

 

Sincerely, Margaret.

Edited by **Margaret**

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In their response to my complaint ATOS said they had contacted my GP and been told a few things which I wasn't very happy about, so I raised the subject when I saw my GP today.

 

Perhaps not relevant in this instance as your GP didn't give out any info. But when you sign the declaration on page 19 of the ATOS form you give permission for any health care professional advising the DWP ie ATOS permission to contact any doctor gor any information needed to deal with a claim, from any doctor, consultant or professional you've mentioned on your form.

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fightingback you are right, but so is the doctor. Being deligent and making sure he has got a copy of that authorisation prior to discussing confidential details. Thats sorta one of the fundemantals tenemants of being a doctor, confidentiality.

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I would be perfectly happy if ATOS had spoken to my GP and he'd given them his honest opinion etc, what has made us both really really mad is that they say they spoke to him and that he gave his (not in my favour) opinion on a number of matters whereas he has in fact done nothing of the sort. No doubt they have confused me with another 'customer' and it's a one off error that won't happen again.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Dropped off a copy of ATOS' letter to the GP and letting him deal with that complaint.

 

I'm still waiting to hear from them about both the complaint and the next date for my assessment.

 

In the meantime my GP has arranged an assessment by the Council's occupation health people to see what aids etc I might need. I'm sure this is a good thing, but dealing with ATOS has clearly made me paranoid as I'm worrying that having any particular aid recommended will lead ATOS to believe I no longer have any problems. There's also a bit of the 'aids are for old people' thing going on, but I'll have to get over that. We're also considering hiring a mobility scooter to see how I get on. I promise not to use it to exact revenge for all those pushchairs that have made contact with my ankles over the years.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:Hi reallymadwoman:

 

Wow! Hold onto that doctor (metaphorically). Is he going to take over the complaint for you? Or is he starting another one? Like lots of others, our doc's practice won't have anything to do with DWATO. Unless they've no choice, cos it's via an ESA113.

 

Astressor induced paranoia? Use of aids and appliances has to be reasonable and some activities/descriptors have to be done without help, no matter how many aids you've got.

 

CSE/151/2012 (not yet on the decisions database but can be Googled).

 

And for those who've not seen it CE/1217/2011 which lead to memo DMG 24/12.

Careful with that scooter. Pinocchio'll magic it into a manual chair. :lol:

 

Sincerely, Margaret.

Edited by **Margaret**

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If i read starryeyes right it would appear that even if was reasonable to be assessed with a particular aid for medical reasons, all that could be ignored if that wasnt practical to actually use one. So unless they asked details of your home / access and the like any imagined aid cant be considered.

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:Hi reallymadwoman:

 

Wow! Hold onto that doctor (metaphorically). Is he going to take over the complaint for you? Or is he starting another one? Like lots of others, our doc's practice won't have anything to do with DWATO. Unless they've no choice, cos it's via an ESA113. GP is just complaining about them saying he'd made comments when he's not spoken to them at all, rest of it is still down to me

 

Astressor induced paranoia? Use of aids and appliances has to be reasonable and some activities/descriptors have to be done without help, no matter how many aids you've got. But what ATOS consider reasonable and what is reasonable aren't necessarily the same!

 

CSE/151/2012 (not yet on the decisions database but can be Googled).

 

And for those who've not seen it CE/1217/2011 which lead to memo DMG 24/12.

Careful with that scooter. Pinocchio'll magic it into a manual chair. :lol:Exactly what I'm worried about, especially since one of the 'alleged' GP comments I didn't like was the suggestion that I use a wheelchair!

 

Sincerely, Margaret.

 

Thanks for the cases, will keep a note for the appeal.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If i read starryeyes right it would appear that even if was reasonable to be assessed with a particular aid for medical reasons, all that could be ignored if that wasnt practical to actually use one. So unless they asked details of your home / access and the like any imagined aid cant be considered.

 

From what I understand if for example you could use a wheelchair to cover the 200 metres or whatever you will get no points for mobility whether or not you actually have a wheelchair. Technically you would have to be physically able to use a wheelchair, but ATOS are probably quite happy to leave it to you to prove to the tribunal why you can't use one.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes i tend to agree reallymadwoman. Theyll assume and upto you to disprove. Looks like in future on esa forms youll have to say imagined aids cant be considered for pratical reasons x y z. That should then put the onus back onto them to prove otherwise.

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Yes i tend to agree reallymadwoman. Theyll assume and upto you to disprove. Looks like in future on esa forms youll have to say imagined aids cant be considered for pratical reasons x y z. That should then put the onus back onto them to prove otherwise.

 

Yes, I did this on my ESA50, and they accepted that a wheelchair was unsuitable, so definately worth trying.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Yes, I did this on my ESA50, and they accepted that a wheelchair was unsuitable, so definately worth trying.

 

Unfortunately it's now so long since I filled in my ESA50 that everything has changed.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes i tend to agree reallymadwoman. Theyll assume and upto you to disprove. Looks like in future on esa forms youll have to say imagined aids cant be considered for pratical reasons x y z. That should then put the onus back onto them to prove otherwise.

 

Would you have to provide evidence, instead of just saying "I have severe back issues and can't sit in a wheelchair long enough to self propel 50m"? I was always told to write on DLA forms why aids don't work. They then replied with "using aids, you can communicate".

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If the assessments were fair then you wouldn't need to prove anything because it would be obvious why you couldn't, for example, use a wheelchair. I have proven arthritis in my shoulder and severe nerve damage in both hands plus, to put it bluntly, I'm too heavy. However, I'm fully expecting the wheelchair thing to come up.

 

From the cases quoted earlier in the thread they should not only consider if you can use an aid, but also if it's been prescribed or recommended, if you have the aid and if it's even practical for you to have it - the case they were talking about was a wheelchair one, but they hadn't taken in to account that the claimant lived in a flat without a lift, so where would they leave the wheelchair?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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From the cases quoted earlier in the thread they should not only consider if you can use an aid, but also if it's been prescribed or recommended, if you have the aid and if it's even practical for you to have it - the case they were talking about was a wheelchair one, but they hadn't taken in to account that the claimant lived in a flat without a lift, so where would they leave the wheelchair?

 

Thats my understanding the, real world praticalities and if its medically recommended to use one.

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From what I understand if for example you could use a wheelchair to cover the 200 metres or whatever you will get no points for mobility whether or not you actually have a wheelchair. Technically you would have to be physically able to use a wheelchair, but ATOS are probably quite happy to leave it to you to prove to the tribunal why you can't use one.

 

I will point out when I attended my medical, I brought the aids with me I was told to use (not a wheelchair) and explained vocally as well as in writing that I was told a wheelchair is not practical for me. I believe ATOS did accept this as I struggle to see where else I would have got a lot of points from, maybe a couple of 3pt descriptors but not all 15.

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If the assessments were fair then you wouldn't need to prove anything because it would be obvious why you couldn't, for example, use a wheelchair. I have proven arthritis in my shoulder and severe nerve damage in both hands plus, to put it bluntly, I'm too heavy. However, I'm fully expecting the wheelchair thing to come up.

 

The shoulder and hand info should be sufficient reason to satsify why you can't use a wheelchair even for the Atossers idiots.

 

With the theoretical wheelchair, they don't care whether you have one, can get one, where you'd keep it, or how you'd cart it on a bus or train each time you went out if you don't have a car or drive. But if there's a reason why someones's upper strength isn't suitable to self propel themslves in wheelchair they have to rule the wheelchair out as a mobility solution. That includes things like cardiac , lung capacity or in your case hand and joint problems.

 

Don't give up on the claim, you've gone too far down the road to let their admin inefficiency win the day. Have to say it looks like the ATOS doctor who first evaluated your form to decide whether you should have a face to face assessment or not , didn't bother to read it.

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Right, I've really lost patience with ATOS. Still no appointment and they're now ignoring my emails.

 

I've considered contacting my MP but he's proved to be as much use as a chocolate fireguard in the past - toes the party (Conservative of course) line to the letter and doubt he'd consider criticising one of their buddies. Can I insist that he intervene, or is there some other way I can get ATOS to do something? Would contacting DWP be of any help? Any other suggestions?

 

I'm even willing to go public if necessary. I've totally had enough of this after yet another sleepless night but I don't want to throw in the towel before I've done everything possible to at least get ATOS a good telling off. I can't prove that the stress has contributed to my recent severe decline in health, but it's certainly not helping.

 

And on a completely different subject, I'm still waiting to hear about my blue badge application - how long should that take? (Application direct to the council, not via High Rate Mobility, heard nothing since the form and documents were sent in.) No blue badge means I have to have a taxi to the GP surgery even though it's only 200 yards down the road, but luckily I know a very accommodating dispatcher since there's not many taxis would do such a short journey.

 

Having a rubbish day after a rubbish night - I'm not even dressed yet and may not bother. Not a good sign.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi RMW

 

Please do contact your MP and get him involved, I did mine and through him I have a letter from Bryan Peryy the National Customer Relations manager for ATOS, still haven't got the letter from DWP that was promised though..... my MP is also one of the ConDems......

 

I have full empathy with the night situation you have:grouphug: and if I hadn't had to go to the assessment this morning think I would still have been in my jimjams as well:-(

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Emailed letter to MP and will await response, if any.

 

Last time we sought his help was when there was a huge delay in paying daughters £30 a week for going to college - can't remember what it was called - MP sympathised and promised it would be sorted by the following year, when of course she would have left. Chocolate fireguard. Let's hope he does better this time.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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