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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    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    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
    • Well I received a reply to my email and I have to say that I'm quite surprised. Maybe Halfords have been taken over by PC World/Currys.     Can we confirm that I understand that you put in all the correct details onto their website and they made the recommendation of a particular set of tyres which you were later told were not suitable for your vehicle?   Can we confirm that you have gone back to the website and you have put in the same details and has come up with the same tyres   What make is your car?
    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when this going to start hitting the fan and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times.   I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but paid off.    The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it.   So what I'm saying is I don't think it was shot (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were used to try and gamble my way out . Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up.   As I've read countless times DCAs are powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
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**Margaret**

Atos Assessment in need of an Audio Recorder.

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:WANTED:

 

One Neal Portable Compact Disc Audio Interview Recorder.

(Or a dual tape recorder cadged from Work n Pensions, not much fussed which.)

 

One Atos Pinocchio who's prepared to be recorded.

(Could be trickier to find than a recording machine that's working.)

 

One Atos appointments/resources clerk who can read a calender and read a map.

 

My home's roughly equidistant between two Atos assessment centres. The slightly nearer one A is inaccessible to me cos of my condition. Centre B is far more user friendly. My husband can't take me to an assessment on Mondays or Fridays. Five months ago I asked Atos for an audio recorded, mid-week assessment at centre B. Currently, they've offered a non-recorded appointment, at centre A, at 4 pm on a Friday afternoon! :mad:

 

Couple of weeks ago I replied to their invite (via recorded delivery) with a reminder about my advance written request for an audio recorded assessment, etcetera, and copied the letter to my reassessment benefit delivery centre. Was I expecting a reply? Not really! Shatos don't do courtesy!! Guess tonight's job is pre-empting a failure to attend!!! :mad2:

 

Margaret. :mad2:

Edited by **Margaret**

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:WANTED:

 

In addition to the above and by order of Jobcentreplus;

 

One Shatos clerk who can read and respond to a letter!

 

Sent a chaser to Shatos and copied it, for info, to the benefit delivery centre that's handling incapacity benefit reassessment for the Midlands area. Both letters signed for the following day (neither of the offices I'm currently dealing with appear to use opening units) so plenty of time for Shatos to respond? Apparently not!!

 

Come yesterday morning I'm in no mood for the Shatos call carousel so it's chapter n verse to a bemused benefit processor. Mr XXXXX hasn't a clue why Jobcentreplus has the two letters (originals) that I sent to Shatos, concerning arrangements for my face to face assessment (with my quotes from Mr Hoban attached to one of them), but doesn't have the ESA55 file jacket or its contents.!!! Best guess answers on a postcard???

 

In the meantime Mr XXXXX will instruct Shatos to write to me with a suitable rescheduled appointment and rescheduled, by Shatos, appointments are not counted as failure to attend, or unable to attend. Can't wait. :yawn:

 

Margaret.

Edited by **Margaret**

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:CAUTION:

 

Thus far, letter tennis with Atos/Jobcentreplus, and if absolutely necessary a phone call to the relevant benefit delivery centre, has worked well for me but I'm always pro-active with Atos/Jobcentreplus and it's dammed hard work keeping up with the letters.

 

Some CAGGERS have found electronic mail to Atos customer relations useful (customer-relations@atoshealthcare.com.) but again it needs to be pro-active.

 

Reactive letter tennis after a failure to attend for, or submit to, an assessment simply cos there's no audio recorder has yet to be tested at tribunal, and there's no assessment rate employment n support payable pending an appeal hearing for failure to attend.

 

For newbies the issue is discussed in the following thread;

 

www.consumeractiongroup.co.uk/forum/showthread.php?336827

 

Best wishes to any n all caught in the Shatos shambles, Margaret. :flame:

Edited by **Margaret**

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:A LETTER:

 

From Shatos;

 

The letter, dated 19 December, informed me that due to unforseen/changed circumstances my appointment for Friday 14 December had been cancelled!!

 

:roll::roll::roll:

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Efficiency at it's best!


RMW

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

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From Atos Victims group website

 

Yesterday, the DWP disclosed that it has been sitting on legal advice, for over two years, to the effect that its WCA ‘​recording rules’​ were illegal

 

Legal advice has been obtained to confirm that recording of assessments for claimants must be allowed without unreasonable obstructions


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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From Atos Victims group website

 

Yesterday, the DWP disclosed that it has been sitting on legal advice, for over two years, to the effect that its WCA ‘​recording rules’​ were illegal

 

Legal advice has been obtained to confirm that recording of assessments for claimants must be allowed without unreasonable obstructions

 

But see this post on the audio recording thread http://www.consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded&p=4085078&viewfull=1#post4085078

 

It seems ATOS are still insisting on dual recorders which have to be calibrated prior to the assessment, though they're not insisting on an engineer to operate it!


RMW

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

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It seems ATOS are still insisting on dual recorders which have to be calibrated prior to the assessment, though they're not insisting on an engineer to operate it!

 

Thats correct but its now been disclosed that according to their contract with the DWP via Document RFP27 that they are now legally obligated to provide recording facilities if they are required by claimants.

So it really doesnt matter what they insist on, they are now legally obligated to make recording of all assessments where they are requested by the claimant


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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:Request for Proposal 27 (September 2010):

 

'...... Legal advice has been obtained to confirm that recording of assessments for the claimant must be allowed without unreasonable obstructions.'

 

Whilst the above (probably accidental) disclosure is good news for anyone who wants an Atos disability assessment for benefit purposes to be recorded, the rest of the document is merely an enquiry from Work n Pensions to Atos about how assessments can be audio recorded. Unfortunately I don't think it imposes any statuatory responsibility on Atos or Work n Pensions to record assessments.

 

Margaret.

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:Nastos New Year:

 

Late morning, on one of the first days of the new year I'd just connected our phone line. Immediately the phone flashed. Still half asleep and expecting a call from my husband I answered it without checking for caller identity.

:doh:

 

Twas Nastos phoning to cancel an appointment I didn't even know I had. :nono: Allegedly I'd accepted the appointment by phone, which for me is a non starter, and must've received a letter. Anyways, I wasn't to turn up. Nastos wasn't doing any 'medicals' at all that day. They'd had a technology failure and couldn't record them.

 

Starryeyes (by then wide awake)

Do you mean LIMA's failed or an audio recorder?

 

Nastos

LIMA?

 

Starryeyes

Yeah, you know, the computer system you lot use to churn out ESA85s.

 

Nastos

Err...... Umm...... Err......

We can't record 'medicals' today.

 

 

LIMA:?: Or an audio recorder:?: Or praps they couldn't find a pinocchio:?:

 

:?: :?: :?:

Edited by **Margaret**

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:Request for Proposal 27 (September 2010):

 

'...... Legal advice has been obtained to confirm that recording of assessments for the claimant must be allowed without unreasonable obstructions.'

 

Whilst the above (probably accidental) disclosure is good news for anyone who wants an Atos disability assessment for benefit purposes to be recorded, the rest of the document is merely an enquiry from Work n Pensions to Atos about how assessments can be audio recorded. Unfortunately I don't think it imposes any statuatory responsibility on Atos or Work n Pensions to record assessments.

 

Margaret.

No it doesnt impose any statutory requirement. It imposes and requires them by a CONTRACTUAL obligation.

must be allowed without unreasonable obstructions.


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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I was on going with my friend to their medical, while on the way there ATOS phoned to say that the appointment was cancelled.

We then stopped of to buy a drink from a shop before going to ATOS to get a complaint form as we thought it was unacceptable for them to cancel in at such a late stage.

 

We got there 20mins after the time the appointment was origionally for and the receptionist says that it would be classed as a NON ATTENDANCE.

 

They said its because we wouldn't have got there on time had the appointment gone ahead.

They wouldn't listen to our reasonings, just said that they would send another appointment through the post which would have to be attended, we couldn't rearrange for any reason.

 

How on earth can they say that, when they cancelled it when we were 10mins away. (It takes at least 45mins to get there, getting 2 buses). So what if we went there anyway. We didn't want it to be a wasted journey. Its not like they would reimburse us for the bus fares either.

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Did the number show up on your mobile when they called? If so save it to your pc.

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OH NO!! It came up unknown. Good job he doesn't mind answering phones. IF i had a phone, i wouldn't have answered it.

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:Hello Galeforce81:

 

Welcome to my saga of Shatos and rescheduled appointments. For most of us who want our messicals audio recorded rescheduled appointments are par for the course. My search actually began last July, at the height of the furore when Shatos and Jobcentreplus tried to cancel recorded messicals althought the Government minister concerned had assured Parliament we only had to ask. Yeah, right? We wish.

 

Aside from the attrition over audio recorders and the reluctance of pinocchios to use them, anecdotal evidence suggests Shatos are rescheduling more and more appointments without any reason they're admitting to. Including your friend's we've had three on CAG in as many days, and I'm aware of several others in my area.

 

Your friend's senario was a rescheduled by Shatos, for which he should've been re-imbursed his bus fares, rather than a did not attend. May be important if he does need to rearrange the rescheduled appointment. If he's already rearranged an appointment Shatos are correct about him accepting whatever they send. Shatos don't routinely withhold their phone numbers so this must've been a deliberate cover-up. The call should've come from the number of the assessment centre so make a note of that instead, together with details of what happened.

 

Sincerely, Margaret. :panda:

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Thanks Margaret. Luckily this was last year, but as we are both on ESA and i get PIP, we know that its not going to be the last time we have problems with them.

 

I got my appointment for a f2f before i'd even sent back my forms as i needed my support worker to fill them out and had put on form my reason why it was going to be late.

Its like they were mind readers as they made the appointment for one of the few times i wouldn't be able to attend.

 

Do you know anything about rules regarding PIP (when it is introduced). I read somewhere that we are going to be allowed to record our medicals as long as the format is tape or video. The technologys a bit outdated but it may be a step in the right direction.

(sorry if this was answered on another thread)

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:Galeforce81:

 

'I read somewhere that we are going to be allowed to record our medicals ......'

 

Well, that's the theory. Whether any of us will ever get to ouvertly record a messical to tape, disc or video is an entirely separate issue. :mad2:

 

Rather than playing parrot, can I refer you to:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded/

 

http://whatdotheyknow.com/

 

View all requests, with Atos Audio Recording in the keywords box.

 

Concerning personal independence assessments, current wisdom seems to be:

 

The 'reasonable conditions' for using personal equipment will be the same as for work capability assessments.

Capita, who have the contract for the Midlands area, will audio record personal independence assessments.

Neither Shatos nor Work n Pensions have any plans to provide recording facilities for personal independence assessments.

 

Happy :ranger:, Margaret.

Edited by **Margaret**

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Thanks Margaret. Luckily this was last year, but as we are both on ESA and i get PIP, we know that its not going to be the last time we have problems with them.

 

You get PIP ?????????? dont think so.


Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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You get PIP ?????????? dont think so.

 

SORRY TYPO. All this talking and thinking about it got me confused. I get DLA.

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:Round Four:

 

Margaret has another invite for a Tatos trial, without any indication of whether it's to be audio recorded. Nothing unusual in that. From one of our local resources clerks, 'well, we sometimes send a separate letter, depends if we've time.' However, for several reasons, I've decided not to play letter tennis for this round.

 

Apart from anything else, the process for requesting an audio recorded Tatos trial has changed since round two. Incredibly, there's been three different processes since I lost patience with an ESA50 and returned a statement in lieu of ticking boxes. Of which the latest, is to phone their unhelpful desk. Not much use to anyone who can't reliably cope with phone calls, specially the ones they lose or won't take cos of third party issues. :evil:

 

Appointment's not at my default Tatos centre. Someone in Tatosland has finally tumbled to our request for a centre that's easier for me to access. And a request from Jobcentreplus for an appointment time that my husband can take me to. (Long story following my receipt of an erroneous BF223 last July.) So it's a reasonable assumption that they've noted my request for an audio recorded trial, yes? As previous letters already run to ten sides of A4, the trees need a break. :-)

 

My perception's that the essence of audio recorded, by Tatos, work capability assessments has changed slightly since last year. We've had several success stories on CAG and the extra machines in my area seem to be making a difference too. It's now months of DWATO legitimised waiting instead of sometime never. So for the moment, Margaret's plan is to play Miss Goody Two Shoes. I'm not complacent, and I've no expectation of recording for everyone who wants it any time soon. (Neither do I know of any openly recorded by claimant assessments.) If I show up and the audio recorder doesn't, Jobcentreplus'll get chapter n verse. Again!

 

:wave: for now, Margaret.

 

:flame: :flame:

Edited by **Margaret**

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:Great Expectations? Or Not:

 

In the very week that Mr Hoban reiterated;

 

'We will offer everyone who wants it the opportunity to have their session recorded'

 

http://www.theyworkforyou.com/search/?s=audio+recorded+Atos+assessments

 

'Due to unforeseen/changed circumstances your appointment has been cancelled.

Yours Sincerely Medical Services'

 

As the appointment was at the right centre and at a time when my husband could take me; I can only assume they were short of an audio recorder, a pinocchio (despite the recent change to their contracts), or both.

 

:flame: Margaret. :flame:

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: DWATO and Dictaphones:

 

Or should that be 'two appropriate devices':?:

(https://www.gov.uk/government/publications/work-capability-assessment-audio-recording-of-face-to-face-assessments-faqs)

 

No, I don't know either and DWATO certainly don't. :nono:

 

In the wake of yet another cancellation, that we assumed (erroneously) was for lack of an audio recorder, my husband renewed his efforts to ascertain from DWATO a make/model of dictaphone or appropriate device that's acceptable for audio recorded by claimant work capability assessments. Talk about going round in circles even though, where appropriate, we were disclosing my national insurance number. To summarise;

 

Atos customer relations haven't replied to our electronic mails or letters.

Our local resources clerk and our regional manager have both advised that I wait for one of their machines. But the clerk will find out what the process is for approval of dictaphones.

To date there haven't been any, audio recorded by a claimant using two dictaphones, assessments in the East Midlands.

My last assessment was cancelled cos, 'the healthcare professional who does the recorded assessments was on sick leave'.

 

Clearly the malady of Doctor Douglas and his colleagues is contagious!!!

(http://disabilitynewsservice.com/2013/06/atos-doctor-sickened-by-claimant-requests/)

 

:spider:remains on watch for assessor and audio recorder(s).

 

Margaret. :flame:

Edited by **Margaret**

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:Another Shatossy, Tatossy, Week:

 

Tuesday

 

Allegedly I had an appointment for a work capability assessment at my default Tatos assessment centre. Not for the first time, I didn't know anything about it. :nono:

 

Wednesday

 

Received an instantly recognised Tatos envelope.

 

Dated 27th August 2013

 

'We recently asked you to attend a medical assessment on 27th August 2013 ...... We have now received more information and we no longer need you to come to this assessment.'

 

Thursday

 

Doctor's surgery hasn't heard from Tatos (or Jobcentreplus) about me since an IB113 was requested in 2004. :biggrin: IB50 not needed. :biggrin:

 

Got discharged from hospital circa 1985 cos there was nothing else to try.

 

A (very) long shot; praps Tatos had contacted the co-ordinator of a self-help group I attend? They hadn't, but she did have a patient who'd received an identical letter. As Tatos were already on her 'to do' list, if I'd like to drop in on ......

 

Friday

 

Cue a lengthy turn on the call carousel even though she gave 08002 888777 a miss and started with a regional manager. By mid afternoon, via engaged tones, transfers, two disconnections, three Tatos offices and the incapacity benefit reassessment centre for my area;

 

My file's been recalled by Jobcentreplus. There's no suggestion that I've 'failed to attend', just as well as I've managed to get four cancellation letters out of them.

 

And from Mr XXXXX of #2 fame, 'I'm not to worry. The recall won't affect payment of my incapacity benefit. And Jobcentreplus will contact me in due course.'

 

:flame: Margaret. :flame:

Edited by **Margaret**

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