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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Questions asked by ATOS HCP at medical re mental health

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Given that face to face assessments have now been conducted for some 3 years does anybody have a typical list of the questions asked by an ATOS HCP to determine points scoring re descriptors for part2 of the ESA 50 ie mental health and cognitive function.....or a link thereto.

 

Questions asked post 3/11 would be of particular interest given that descriptors changed at that time.

 

Such information should assist members to better prepare for the ATOS medical assessment, and moreover, be forewarned of the likely trick questions etc

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Any feedback from mental health advocates, who routinely accompany claimants with mental impairments, would also be welcomed.

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A friend had mentinoned a guide produced by benefits an work publishing re esa/wca is an excellent guide, but it costs £20 to join. Is it really that good a guide ?

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You could probably pick up a similar guide for free online.

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Approx 3 years ago these were the typical questions asked by ATOS at an ESA MEDICAL re mental health (see below). Based on recent (say past 6 months) experience have members been asked similar questions. If not, how did they differ ?

 

Work capability assessment mental health questions

 

1. Do you know what you are here for?

 

2. What are your medical conditions?

 

3. How long have you had these conditions?

 

4. How do these conditions affect you?

 

5. What medication do you take?

 

6. Do you have bowel and bladder control?

 

7. Is there any other medication you are on?

 

8. What type of house do you live in?

 

9. Is there an upstairs or downstairs bathroom?

 

10. Do you always sleep upstairs?

 

11. Do you sleep well?

 

12. How did you get to the medical?

 

13. How long did it take to get there?

 

14. Why did you stop work?

 

15. Do you need help to wash and dress yourself?

 

16. Do you cook?

 

17. Can you follow a recipe?

 

18. Can you follow instructions on microwaveable food?

 

19. Do you deal with your own finances?

 

20. Do you do the shopping?

 

21. How often do you shop?

 

22. Do you do the shopping on your own?

 

23. Do you drive?

 

24. Is the car automatic or manual?

 

25. How long can you drive for?

 

26. Do you have any hobbies or interests?

 

27. Do you read?

 

28. Do you have a computer, what do you use it for and for how long?

 

29. Do you socialise with friends and family?

 

30. Do you drink alcohol?

 

31. How do you feel about coming here today?

 

32. Do you go for a walk?

 

33. How do you feel about changes to routine?

 

34. What happens if an unexpected visitor comes to the house?

 

35. Did you fill the form in yourself?

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