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Hi,

Just need some advice and I know someone on here will be able to help.......

 

My partner has epilepsy has been completely controlled for approx 20yrs. Medication has recently stopped agreeing with him and neurologist has changed medication. This has resulted in seizures - both full seizures and absence seizures. He did self cert from work for first 5 days then GP signed him off of work for 4 weeks.

 

Informed employer and posted in sick cert - kept copy for records.

 

End of 4 weeks, GP issued another sick cert for 4 weeks. I spoke to his manager, his speech is very slurred and he is confused and muddled at all times, and explained. She said that 1st cert not received, I said I had a copy and should i send that with the new one. She said yes. I sent this a couple of days ago

 

He is now on half pay which is same as SSP.

 

Manager has been phoning every couple of days for updates. He isnt improving and being referred to UCLH Neurolgy hosp as urgent case with a view to admitting as epilepsy so unstable.

 

Manager calls today and says no certs received. I said new one and copy only sent a couple of days ago and sent 2nd class - money is v.tight. She said that copy is now no good as shes checked with hr, and they also needed it by today for next months pay!!!! I said I can request copy from GP but earliest i can request that is next weds!!

 

She then said she wants a meeting with my partner as hes been off 4 weeks. I explained that he cant, hes completely out of it most of the time, having absences and wouldnt be abe to speak for himself in the meeting. She then asked if her and hr can come to home address errr no.

 

Can they suddenly hold ssp/half pay without the cert? Have called GP and no gps there now. Earliest it would be ready to collect is next thurs afternoon.....

 

Can they request meetings when he is in this state and signed off work????

 

Any help would be great as with 2 small children, and a very poorly partner I cant even think straight! xxxx

oh and when i get the next cert i have to take it into the employer in person and hand it to her......

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Hi,

Just need some advice and I know someone on here will be able to help.......

 

My partner has epilepsy has been completely controlled for approx 20yrs. Medication has recently stopped agreeing with him and neurologist has changed medication. This has resulted in seizures - both full seizures and absence seizures. He did self cert from work for first 5 days then GP signed him off of work for 4 weeks.

 

Informed employer and posted in sick cert - kept copy for records.

 

End of 4 weeks, GP issued another sick cert for 4 weeks. I spoke to his manager, his speech is very slurred and he is confused and muddled at all times, and explained. She said that 1st cert not received, I said I had a copy and should i send that with the new one. She said yes. I sent this a couple of days ago

 

He is now on half pay which is same as SSP.

 

Manager has been phoning every couple of days for updates. He isnt improving and being referred to UCLH Neurolgy hosp as urgent case with a view to admitting as epilepsy so unstable.

 

Manager calls today and says no certs received. I said new one and copy only sent a couple of days ago and sent 2nd class - money is v.tight. She said that copy is now no good as shes checked with hr, and they also needed it by today for next months pay!!!! I said I can request copy from GP but earliest i can request that is next weds!!

 

She then said she wants a meeting with my partner as hes been off 4 weeks. I explained that he cant, hes completely out of it most of the time, having absences and wouldnt be abe to speak for himself in the meeting. She then asked if her and hr can come to home address errr no.

 

Can they suddenly hold ssp/half pay without the cert? Have called GP and no gps there now. Earliest it would be ready to collect is next thurs afternoon.....

 

Can they request meetings when he is in this state and signed off work????

 

Any help would be great as with 2 small children, and a very poorly partner I cant even think straight! xxxx

oh and when i get the next cert i have to take it into the employer in person and hand it to her......

 

I think that your partner would fit the definition of dsability under the Equality Act 2010. He has a long term serious health problem and relies on medication to enable him to work. His employer is obliged to make adjustments to help him continue in work and one of those adjustments could be to maintain his full pay during this period of absence and not count these sick days as sickness absence - I mean do not add them to his sickness absence leave record.

 

He is obvioiusly too unwell to attend a meeting but I suppose the employer wants to find out when he might be able to return to work.

 

In his position, I would write (e-mail is faster) to the employer and explain that a meeting would be stressful and pointless at this time. I would provide a return to work date, if there is one or give a rough idea of when I could return, if possible. I would also invite the employer to obtain a medical report from my treating doctor or specialist.

 

I would also mention the full pay issue and say that I am keen to return to work as soon as possible and will attend a meeting to discuss a return to work plan and any necessary workplace adjustments ( phased return, physical aids, changes to workload etc) that may be necessary as soon as I am up to it.

 

I would also say specifically that I feel that I fit the definition of a disabled employee in line with the Equality Act 2010 and ask for full pay as a reasonable adjustment. It is important to spell things out for the employer so that they cannot claim ignorance later.

Edited by Browncow
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A massive THANK YOU for your advice. That is really helpful. Have drafted an email for him to send and get him to send it to his manager later today and make sure he copies in HR. I shall let you know what happens.....

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A massive THANK YOU for your advice. That is really helpful. Have drafted an email for him to send and get him to send it to his manager later today and make sure he copies in HR. I shall let you know what happens.....
Good luck with that. :-)

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Completely agree with Browncow. Good luck and more than that I hope his illness come back under control.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Again, agree.

Make sure you get in there the Equality Act part....they are potentially discriminating against him if they continue to pursue for a meeting at the moment. They can obtain medical reports in relation to his condition through an Occupational Health provider, I would ask for this because they would be qualified to interpret the reports unlike the managers.

 

Also perhaps ensure sick notes are now all sent via recorded delivery and that you take a copy ahead of sending them in.


George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi,

Id put in the email about the equality act etc. After a week of hearing nothing, not even an acknowledgement we received this email from them this afternoon

 

"Thank you for your email.

 

I can confirm that we have received today, the second certificate with a

photocopy of the first one. As we have received the original second

certificate we do not need a replacement of this certificate.

 

In regard to your other points in your email, I am awaiting advice from

HR and will be in touch as soon as I am able.

 

Regards"

 

Am due to pick up the duplicate certs from GP tomorrow and will hand deliver the missing first one to her by hand...

How long do I give them to get back to us....I did copy HR into the original email to his manager and she also cc'd in HR in her reply

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Hi,

Id put in the email about the equality act etc. After a week of hearing nothing, not even an acknowledgement we received this email from them this afternoon

 

"Thank you for your email.

 

I can confirm that we have received today, the second certificate with a

photocopy of the first one. As we have received the original second

certificate we do not need a replacement of this certificate.

 

In regard to your other points in your email, I am awaiting advice from

HR and will be in touch as soon as I am able.

 

Regards"

 

Am due to pick up the duplicate certs from GP tomorrow and will hand deliver the missing first one to her by hand...

How long do I give them to get back to us....I did copy HR into the original email to his manager and she also cc'd in HR in her reply

I would thank them for their reply and ask that they resolve the "full pay as a reasonable adjustment issue" as soon as possible as the financial stress is making the condition worse. I would also point out that given your partner's disability, it is possible to treat him more favourably than other workers by continuing full pay until his medication problems are resolved.

 

I would include the last bit because the employer may try to use the "we treat everyone the same in respect of sick pay - that is the company policy" argument so I think it best to counter that before they even have a chance to raise it as it will save time. Also, if this ends up at a Tribunal, you will be in a better position if you have made it clear that the Equality Act does support the continuance of full pay for disabled workers in similar circumstances.

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Hi there,

Thank you all for your previous help!!!

I have no had a reply from my partners employer......please can you take a look and let me know what (if anything) I can do now??

 

"Your current sick certificate is due to expire on 22nd August 2012 and states that you are currently unfit for meetings.

Once you are able to meet with me, we will look at any reasonable adjustments that we can make to your job in order to support a return to work.

 

You have verbally agreed a further referral to our Occupational Health Advisers and I would request that you agree to an Independent Medical Assessment and a GP information request. This will enable me to gain as much information and advice about your current medical condition as possible in order to ensure that I am making informed decisions with regards your sickness absence and I will be able to gain advice and guidance with regards to when we will be able to meet with you and what, if any, reasonable adjustments we should consider to support you at work.

 

In response to your request to consider keeping you on full pay throughout your sickness absence and to not count these as sick days, I am unable to agree to this request. We do not consider this to be a reasonable adjustment under the Equality Act 2010.

 

I will contact you every 2nd week by telephone"

 

He has forms to complete for medical etc, though he is virtually housebound at the moment as his seizures are several times a day and he is embarassed to even leave the house with me as if he has a seizure he wets himself. He saw neurologist 2 days ago and is now awaiting admission to hospital and he will be in for a good few weeks.

 

Any advice would be greatly appreciated.

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Sounds terrible,

 

They obviously see that paying him is unreasonable, I would ask for their reasoning behind this decision. There is the case of Nottinghamshire v. Meikle that might be worth looking at as it is about sick pay.

 

Adjusting the sick pay scheme to facilitate a disability is considered a reasonable adjustment. However, just because cases have said this does in no way that your husbands employer will look at it like this. I would look back and see if there are any cases in your husbands work, where they have gone into hospital and been paid? Especially people that do not have a disability.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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I hope you have submitted the sick certificates to the DWP. An employer should forward them but often this does not happen. If I were you I would write to the DWP local office or phone them up and ask for advice. I expect they will say forward a copy of the sick notes.

 

Also you should be considering applying for DLA both the care and the mobility component. Then if he gets it you may also be able to apply for Carers Allowance. I would also phone the Benefits Enquiry Line http://www.direct.gov.uk/en/dl1/directories/dg_10011165 and explain you circumstances and see what other help is available to you.

 

Please be careful as to what you allow access to his medical notes. If I were you I would allow access but to write to his GP and state that NOTHING is released until you see what is to be released. You could ask for a summary of his medical history to be done thereby you control what is and what is not released.

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Hi,

Firstly thank you for all the excellent advice you have all given me previously

 

Update on medical situation: OH is still signed off sick. Current sick cert expires in 5 weeks but another will be issued at the end of this time. He has seen a specialist at the epilepsy centre and they feel the best way forward is to admit him for 2-4 weeks to wean him off meds and start new ones. Video him and do new mri's etc. He is on the list to be admitted, currently they are saying it will be Nov/Dec. In the meantime they have issued a schedule for medication which changes every 2 weeks with an increase of some meds and decrease of others. They will wean him quicker once hes admitted as they can issue emergency anto seizure meds if needed

 

Have applied for DLA, was declined and now appealing. We were warned to expect an initial no. Also awaiting to hear from IS as currently only now on SSP

 

Employer - They have had GP report from doc and report from the companies medical insurer people Axa. We asked to see a copy first and were happy with what it said. Now the employer is asking for an Independent medical assesment. This seems crazy!!!! Not only have they had GP report, we have also given the employer copys of specialist letter to GP which confirms his medical situation and the reason he will need to be admitted. As well as the epilepsy it states that he has some current mood disturbances due to meds and number of seizures hes having.

I received this email from employer today

"If XXXXXX does not agree to allow the examining doctor for the IMA to release any medical information to AXA ICAS directly. Then we are not able to get an IMA report and therefore will only have the GP report to provide information.

 

If XXXXX does not agreed to allow the examining doctor for the IMA to release any medical information to AXA ICAS directly would you be able to provide a reason for this decision as we need to find out as much

information about his medical condition as possible in order for us to make fully informed decisions regarding any return to work?

 

If XXXXX wishes to agree to allow the examining doctor for the IMA to release any medical information to AXA ICAS directly then please complete a consent form and scan it back to us, so an IMA

appointment can be arranged for him."

 

So my questions are

*do we have to agree when they have so much information already

* Can we ask for it to be done locally as XXXXX cant travel far even without me - one of his side effects is severe upset stomach

*Do they have to pay travel costs - money is beyond tight at the moment with 2 small children, school uniform etc to pay for and only SSP

*He would want me in the medical with him as he gets very confused and if he should have a seizure he needs me to be with him when he comes round as he becomes very upset.

 

Any help/advice would be greatly appreciated! Thank you in advance xx

Edited by Onslowette

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You might want to edit name in last para!!

 

When you see the new doctors, which they will pay for, ensure that only the medical evidence you want disclosed ..is disclosed ie you HAVE to approve the report going out. You don't have to allow unrestricted access. Eventually they will have to go with what they have. They are trying to find an inconsistent fact they can use.

 

Ensure ANY doctor that reports has copies of ALL other reports. Also ensure that you give a WRITTEN history of events that you are happy to release. Ensure that his written instructions to have you present at all times is complied with.

 

Write and ensure they will pay all costs before agreeing to further intrusive and unnecessary examinations. (But do attend as cases where there is such clear evidence no doctor will put their professional career on the line for a company).

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Thanks I have edited that :-)

 

I shall send them an email asking them to confirm they are paying all costs etc.

 

One thing, on the form in the GP report section you have the option of ticking to see the report first before its sent to Axa which we have done before. But in the IMA section there is no option for this, just for the report to be sent directly to Axa. Will it be ok for me to amend this to state that we wish to see the report prior to it being sent?

 

Many thanks again for you excellent advice! x

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Control the source of the information ie your doctor / GP. Write to them expressly forbidding anything going to the insurance comapny without you seeing it first. That way you can write and ask for certain sections to be excluded.

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The GP is fine, and we see everything/anything that is going to be sent. My query is about the Independent Medical Assesment which doesnt have the option on the form of seeing a report first. And I cant write to them as we have no idea who/where it will be. I guess all we can do it state it on the form and again at the medical? x

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I don't see that you can control what the independent report actually says. You can control what history they use to formulate the report and if it substantially varies from the evidence then you can contest it. But the independent doctors have to take account of the history of the patient so their report should not be that different. But they do have the ability to interpret anf express and opinion based on the evidence.

 

As long as you have done everything you can you can be keep your fingers crossed.

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Thank you, thats explained it really well to me! I have so much to deal with at the moment that sometimes I cant see the wood for the trees lol! Thanks again! x

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Hi,

 

Just as a reference point, AxA are generally EXCELLENT in their healthcare insurance. Both for individuals and companies, i doubt very much they are requesting this information, especially as your GP has already replied to them with the information they need. I would assume that the consultant would also have been asked?

 

Independent Medical Assessment can take months to happen! I would stipulate that the ill health of your OH precludes the ability to go anywhere but close proximity to your home.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi,

Firstly thank you to everyone that has previously given me advice on my OHs problems with his employers etc.

 

Update

He is still currently off work sick. Just come out of hospital after been in there for 4 weeks. No idea when he will be able to return to work at this stage.

SSP ends end of this month. Have received SSP1 from them. After going through each payslip since SSP started found discrepancies adding up to approx £100 which they have now paid and they apologised for - they had miscalculated working days in each month.....

They still want a meeting with him, and even wanted to hold it at the hospital....I informed his professor and they issued a letter to his employer basicially saying no chance.

 

I now have another query after talking to his social worker.....she said annual leave still accrues when off sick. He works term time only plus 3 extra weeks. He cant therefore take annual leave during the time he should be at work. Instead each month he receives holiday allowance pay. This has not been paid since he was on SSP. Social worker has said I should look into this as she think it should have been paid though obviously not her knowledge. Ive tried googling an answer and can find nothing.

Does anyone know if he should have still been receiving this pay? Im sure a lovely person on here will know the answer xx

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The easiest thing is to ask the employer if he can now be paid outstanding holiday pay. The pay does indeed accrue.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks I shall draft an email to them now. Does this sound ok.....

 

Dear xxxxx,

Since xxxx started to only receive SSP each month he has not received his holiday allowance pay. Ive been advised that as annual leave continues to accrue whilst on sick leave that this should have been paid as normal. Please can you ensure that xxxxx is paid for this at your earliest opportunity"

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No, I would ask them how thet normally pay holiday if someone requests it when on sick leave. check the procedure first.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Oh - and he should write the email himself, or at least it should be sent from his account and signed by him!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Also awaiting to hear from IS as currently only now on SSP

 

Apply for council tax benefit and if you rent, housing benefit.

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