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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
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    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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ESA: Do the DWP / ATOS expect you to work even if you are often in severe pain?


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I am on ESA and my condition means that I am often in severe pain and have to take very strong pain killers and other medications which do help ease my pain after a few hours and bedrest but they also knock me out leaving me out of it and often sleeping for hours.

 

These attacks come on randomly normally several times a week and I have no idea when they will be. I am sure many other people on ESA are in the same boat and what I wonder is what do you think the DWP and ATOS's take on severe pain is? Do they really take that into account when deciding on someones capacity for work? Or do they think that you should just be able to work through severe pain?

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Simple answer is yes! All ATOSS will do is view you when you attend your interview & you can say what you like about the pain you suffer - they will ignore it!

 

Then appeal & the Tribunal Service will listen ;)

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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At the Atos assessment your assessor will ust make a ot of stuff up. Technically they're allowed to as they're allowed to put as the answer what they think the answer is, not what you've said. So you can report you're in uge pain etc and they'll happily put down you have no problems with pain at all. The government has gone to considerable lengths to put these people beyond any kind of accountability so there's not a lot you can do about it in the immediate fiuture. You can get the details of who assessed you though, after you've been failed, and make a lengthy detailed complaint to their organisation about their behaviour. You can swear an affidavit about it too.

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when you get the appointment..thats if you do....make sure you ask for the 'medical' to be recorded...they wont want to do it..as it a problem for them..but they have to comply....if they dont take a recorder in with you...they will twist and turn at every stage..but stick to your guns..otherwise they will walk over you...

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Be prepared to be found fit for work regardless of your condition, ATOS HCP's are blind and deaf to anything that contradicts the agenda they have, which is to deny your claim by using any underhand trick in the book.

Expect to fail the assessment and you won't be disappointed.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Just come back from tribunal which I won ! I went to ATOS medical. I have severe pain resulting from fractured spine and other probs. ATOS scored me zero points. I was so angry. Severe pain will result in very few points from ATOS. They are sly, and are trained to trip you up at every oppportunity. They will ask you everything about how you get from A to B. Prepare to be asked EXACTLY "How did yoyu get here today ?", "How do you get your children to school ?","How do you shop ?". Don`t worry about ATOS. No matter what you say, they will make up their own answers. DON`T WORRY ! MAKE SURE YOU KNOW THE "DESCRIPTORS". These are the questions around which you need to get your points. MOST IMPORTANT POINT - they watch you from the moment you are in their sight. Ask for help to open every door. I mean, EVERY DOOR. I took a bag of meds with me and placed them on the desk. ATOS criticised me for being able to put them back into a plastic bag without help. ASK FOR THEIR HELP IF YOU NEED TO LIFT/MOVE anything. They are watching every move you make. When you are called in ask for help with the doors. Say "I can`t open this door on my own. Could someone help me please ?". Don`t get paranoid, please ! Just warning you if you get a letter saying you have scored zero points DON`T worry. It`s happening to thousands every week. Just appeal. I will keep an eye out for your posts and help you all I can just like the other Caggers. Appeal is by far the best way to get your point across to nice, listening individuals (unlike ATOSH) and, providing you prepare very well, you WILL win in the end. Don`t be disheartened by my comments but I have yet to meet someone who has beaten ATOS at the first stage. It can be done though. Don`t forget ATOS scored me zero points. The appeal group just awarded me 18 points. If you need help I`ll be online for a while....best of luck.

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Just come back from tribunal which I won ! I went to ATOS medical. I have severe pain resulting from fractured spine and other probs. ATOS scored me zero points. I was so angry. Severe pain will result in very few points from ATOS. They are sly, and are trained to trip you up at every oppportunity. They will ask you everything about how you get from A to B. Prepare to be asked EXACTLY "How did yoyu get here today ?", "How do you get your children to school ?","How do you shop ?". Don`t worry about ATOS. No matter what you say, they will make up their own answers. DON`T WORRY ! MAKE SURE YOU KNOW THE "DESCRIPTORS". These are the questions around which you need to get your points. MOST IMPORTANT POINT - they watch you from the moment you are in their sight. Ask for help to open every door. I mean, EVERY DOOR. I took a bag of meds with me and placed them on the desk. ATOS criticised me for being able to put them back into a plastic bag without help. ASK FOR THEIR HELP IF YOU NEED TO LIFT/MOVE anything. They are watching every move you make. When you are called in ask for help with the doors. Say "I can`t open this door on my own. Could someone help me please ?". Don`t get paranoid, please ! Just warning you if you get a letter saying you have scored zero points DON`T worry. It`s happening to thousands every week. Just appeal. I will keep an eye out for your posts and help you all I can just like the other Caggers. Appeal is by far the best way to get your point across to nice, listening individuals (unlike ATOSH) and, providing you prepare very well, you WILL win in the end. Don`t be disheartened by my comments but I have yet to meet someone who has beaten ATOS at the first stage. It can be done though. Don`t forget ATOS scored me zero points. The appeal group just awarded me 18 points. If you need help I`ll be online for a while....best of luck.

 

 

Hi thanks for your reply, I do know someone who was put in the support group for a "pain conditon" his ATOS doctor it seems to have been under "exceptional circumstances" though. I think the doctor was familer with his condition and felt it would unreasonable to expect him to work. I think he was very lucky though.

 

Any idea how often people do get it awarded under "exceptional circumstances" or would it really only be if they had already granted you as an exceptional case at the medical without and appeal that they would pass you though as that again?

 

Why does it have to be such a battle?

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I'm forming the opinion that you can beat them if your doctor tells them it isn't safe for you to do work or work-related activity because it could be dangerous for you or for others.

 

Depending on a pending diagnosis I may have altered conciousness but will need to wait and see, it is so unreasonable pain is not taken into account. I supposed they feel it is subjective the their for open to abuse if they allow it as a qualifying discriptor.

 

When I filled out my form i told them about the severe pain I got. I said that when in pain I get very angry and sometimes kick off. I am in the support group.

 

I don't think I could convincingly say I kicked off, I don't want to lie on the form! I probably would end up in tears though and sacked from any job I tried to do!

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