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    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
    • nice and ofcourse totally unlawful.   £349.50 is the usual sum RLP try and fleece out of people under some silly civil threats none of goes to the store it all goes in RLP's pocket for their next staff holiday paid for by mugs that fall for their twaddle ignore!!
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Lucky7even

Atos medical - very interesting

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Attended my ATOS medical yesterday.

 

The woman who saw me said she was a nurse.

 

She checked my pulse and said it was irregular.

 

She checked my blood pressure, it was higher then normal!!

 

She then asked me a lot of questions, and all I could do was answer her as honestly as I could!!

 

My MIND advocate stated to her that I was currently waiting an outpatient appointment with adult mental health because I have long term issues, and that my gp has said I am not fit for work!!

 

I described as best I could how my heart problems were - I have sinus tachycardia which makes me breathless on the least exertion.

 

How my mental health is - not very good which is why the mental health team have been contacted again!!

 

She also asked about how do I pay the bills - I stated my partner does that side of things because he pays the mortgage etc etc!!

 

Various other questions like do I cook, do I bath or shower, do I watch tv to which I replied I have to be in the mood!!

 

She then asked me can I walk to the shop - I replied no because it was too far, then she asked can I walk to the bus stop to which I said yes but I take my time and when I get there I stop and rest as I am out of breath!!

 

She seemed to be polite though and sympathetic - but I am aware of the lies that re told on the reports!!

 

I have already requested a copy of the ESA85 ATOS medical report - I phoned them up when I got back!!

 

How is best to appeal if I get turned down, and can I ask my gp for a medical report to send in with the appeal!!??

 

Thanks!!

 

:|

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Please do not think negative wait for reports as per my information lots of thing have change for better in any case it is best to think positive good luck

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Good luck with the outcome!

 

Did you have a MIND advocate with you for the interview?

I have just contacted them on behalf of my partner, who has already lost his Incapacity Benefit, but unfairly, we feel. He has suffered from severe depression, social anxiety and agorophobia for years. He was interviewed by a Midwife, and declared fit to work.

 

I am interested to hear if having an advocate makes any difference in these proceedings, as this may be a way forward for us too :-)

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Hello and welcome to CAG.

 

Yes, it's worth having an advocate if you can find one, because they understand the system and have seen this all before.

 

Are you appealing the decision about IB? If you are, it can be discussed on your own thread. I see you have 2 posts, so maybe you've already asked this.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I asked the DWP for a copy of my ESA85 ATOS Medical Report, and was amazed at what they recommended.

 

They stated that I was to be placed into the support group criteria with a mind to be reviewed in the medium term!!

 

I was suited for the for that I could not walk at least 50m because I suffered shortness of breath due to the heart condition I have!!

 

I just now wait to see what my award letter states!!

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I asked the DWP for a copy of my ESA85 ATOS Medical Report, and was amazed at what they recommended.

 

They stated that I was to be placed into the support group criteria with a mind to be reviewed in the medium term!!

 

I was suited for the for that I could not walk at least 50m because I suffered shortness of breath due to the heart condition I have!!

 

I just now wait to see what my award letter states!!

 

Well done Lucky7even, now relex and think positive

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I filled in one of these last year, I had attended a medical in November and was placed onto contributions based ESA - Support Group.

 

Today after being in the support group for 3 months, I received yet another bloody ATOS medical ESA50 questionnaire.

 

I am stressing about it already; my medical problems haven't changed and remain the same.

 

I'm still on the same medication as when I attended the medical.

 

I was born with heart problems, have long term mental health since 1990, and cant believe this again!!

 

If I fill in the questionnaire again, what if I loose the support group status!!?

 

I am simply in no fit state to work, I am under constant care of my gp, and I have a MIND advocate who helps me with problems with my benefits.

 

I've had more the enuff stress in the past 10 years, I cant keep filling in these poxy forms every 3 months!!

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I just cant believe this with ATOS.

 

Last year, they sent me the ESA50 to fill in which I did.

 

I went for a medical in November, and was placed into support group with a review in the medium term.

 

Mid March, I received yet another ESA50!!

 

Its only been 3 and a half months since the assessed me!!

 

I have complained to my local MP about this.

 

I sent ATOS an email asking if they got the completed form, its sat on someone's desk waiting to be reviewd!!

 

What can I do if I fail the support group, or get called for another bloody medical!!???

 

I have heart trouble and long term mental health issues.

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:Lucky7even:

 

Apart from a complaint (harrassment?) to your Member of Parliament, there's nothing you can do. Jobcentreplus can reassess a claimant's capability for work any time they choose to do so. The recommended times for reassessment are only recommendations which are frequently overridden.

 

Dependent on what evidence you've submitted and what's on the last ESA85 there's a chance your case may be 'passsed on re referral scrutiny', but if not Atos can write to your doctor or insist you attend another assessment. Do you have a copy of your last ESA85? If not, one's available on request from your benefit delivery centre.

 

Remember that many claimants do 'pass' their work capability assessment, but should you be unhappy with the result you can appeal, within one month of the date on the decision letter, via letter or using a GL24 appeal form.

 

Best wishes, Margaret. :panda:

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I think this is just the way they do things, they reassess people who will never get any better, ever so if you have something that could improve they assess you over and over. I have been on ESA for a year now and have been assessed three times. Each time they give me 6 months in the support group (still waiting for the outcome of my last assessment) but they send me a new ESA50 just three months after I am give the award!

 

I take it this is to both make it increasingly difficult for people who claim ESA and also to make ATOS more money as they are paid for each assessment that they do.

 

I find it very unfair as often they are sending out new forms before a new course of treatment has had a fair chance to run or you are still awaiting treatment, then those last three months of you support are spent worrying about your ESA when they could be better spent getting better if possible. I have been less anxious this time waiting for my result (I am on antidepressents now) but last year I was a total mess and it did make my health worse.

 

I would understand if they reassessed you at the end of the award period but as they start the process half way though you end up feeling persecuted and anxious. They do this so that if they find you not eligable for ESA you don't get a penny over the period they awarded you last time.

 

I think they are too aggressive and that is all very counter productive, I feel certain more people would improve sooner if they actually gave people more time to recover.

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Make a formal complain to ATOS, in writing.

Ensure you get 'proof of posting' from the PO counter which is free.

 

What, if anything, has your MP said?

These criminals need shutting down and fast, before they kill anymore of us.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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