Jump to content


  • Tweets

  • Posts

    • Hi DX thanks for getting back - the original bill came in at around £130 - it was my sons phone but in my name - it was a £13 a month contract - he went to the USA for around six weeks, however he crossed the border at the falls into Canada for two days - When he got back he found out that the calls in Canada were not pert of 3's roaming - he got the bill and asked 3 why he got charged so much -  put in a complaint - however a few weeks later they said full amount had to be paid - he couldn't pay - they cut off his phone still had over a year to run his contract down - so added almost £200 charges that he could use – To be honest he should have just paid up when he got the bill but his job fell through when he got back and he didn’t tell me at the time – we both have the same name, so I just passed on all 3’s post to him without opening it.   Again many thanks, Lushni
    • well get that sar running to welcome sadly you have a shock coming upon how much of this debt will be unlawful penalties.   on your credit file- who's name is against the CCJ . not welcomes i bet.. did you go look at your deeds online too?   
    • I think he might be more worried about this than a pending 'inciting insurrection' charge.
    • ok might be getting ahead of myself but here is witness statement.     INTRODUCTION   1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 20p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   7: The defendant requested a copy of the CCA in September 2020 (cant find copy letter) after receiving a letter from Lowell dated 15/09/2020, Page 1, to which the Claiment has acknowledged receipt and requested said documents from their client, letter dated 05/10/2020 ,Page 2.   8: The defendant has received numerous letters from the claimant asking for payment with a settlement figure leading, with no proof of debt owed in these letters, led the defendant to doubt the authenticity of the Claimant and the claim.   9: Legal proceedings were issued on the 30/11/2020 to which the defendant issued his defence a copy of which was served on the claimant. Again a letter was sent, dated 07/12/2020 Page 3 requesting a copy of the documents that they rely on in their claim. Alas no true copy of agreement has yet to be received, in fact no paper work has been received relating to their claim.   10: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement`   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 , Page 4, is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.   14. The information provided on letter dated 28/02/2020 from Vanquis has been sought without the defendant’s approval and as the defendant did not contact Vanquis to request application information and as such any information dated 28/02/2020 provided by Vanquis should not be used as evidence.   IN CONCLUSION:   16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   It is therefore respectfully requested that the court dismiss this claim and costs requested.   Statement of Truth   I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.
    • Still not heard back from these but would like to ask regarding statute barred date.  March 2015 was 1st reported payment so would it be March 2021 ? Or does it go from date defaulted or date of last payment ? Also why only showing in default with one of three CRA's. ?   Equifax Details Updated 17 Jul 2017 Balance: Not Reported Limit: Not Reported Payment status not reported   Experian Details Updated 2 Feb 2020 Balance: £0 Limit: No Limit Reported Account in default   Information for this account not reported by TransUnion        
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Failed to Attend Medical for ESA at Atos - ** DECISION REVERSED **


Please note that this topic has not had any new posts for the last 2847 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, my wife failed to attend Work Capability Assessment Medical on 29 January 2013, her ESA was continued to be paid up until last week 6 March 2013.

 

We received a letter saying it was stopped for failing to attend.

 

We informed ATOS prior to the appointment time that she was unable to attend due to being not well enough due to an Acute Onset of sever diarrhea. They said they would inform Jobcentre,

 

Can you please have a look at this letter I have drafted to see if it is suitably worded do initiate an appeal against the decision to stop the benefit.

 

 

Dear Sir/Madam,

I would like you to accept this as notice to appeal against a recent decision for my claim for Employment Support Allowance to be stopped due to Failing to Attend a Work Capability Assessment Medical on 29 January 2013.

On this date PRIOR to the appointment commencing, I called Atos healthcare on the correct telephone number and informed them that I was suffering with an acute attack of severe diarrhea.

This was informed to Atos Healthcare before the start of my appointment, Atos Healthcare informed me that they would take care of everything, and they would inform the Job Centre.

I received your letter on 11 March 2013 advicing the benefit had been stopped.

 

Please accept this as my intention to initiate an appeal regarding this stop as I could not have attended the medical due to the acute attack of severe diarrhea.

If I was to have left my house to attend the appointment, I would have soiled myself within the first 5 minutes, and every 5 minutes thereafter. I would have suffered severe embarrassment and loss of a basic human right to dignity, This right to dignity would have been removed by the Jobcentre and by Atos Healthcare had I have attended.

I look forward to receiving your reply to my appeal initiation letter.

With kindest regards

 

 

Miss xxxxxxxxxxx

Link to post
Share on other sites

Can anyone see if the wording is ok, or if infact I am going down the correct route following a failure to attend.

 

I really do need to get it posted off today if it is the right course of action

Link to post
Share on other sites

:thepalace1:

 

You're not going down an incorrect route but there may be a better one.

 

Did your wife receive a BF223 letter, from Jobcentreplus, within a few days of the missed appointment? Page one gives details of the missed appointment. Page two asks the claimant's reasons for non attendance.

 

Margaret.

  • Haha 1
Link to post
Share on other sites

No she did not, the only letter we received was 7 March, saying We have looked at your claim following a recent change, We cannot pay you an aollowance from 30 January, this is because; You failed to attend the Work Capability Assessment Medical on 29 January 2013.

 

As I say this letter was received 7 March, 37 days after the missed appointment.

Link to post
Share on other sites

It says this on Atos website Please contact us as soon as possible if you are unable to attend your assessment. If your appointment is for a Work Capability Assessment we can rearrange your appointment on one occasion. If you are unable to attend for a second time the DWP ask us to issue you with a form, on which you can explain the circumstances to the DWP.

Link to post
Share on other sites

:thepalace1:

 

For your information, the form your wife should've received can be seen at;

 

http://whatdotheyknow.com/request/mec_administration_guide_v6#incoming-354324

 

And an appeal form, if you find forms easier that letters, can be downloaded from;

 

http://www.dwp.gov.uk/docs/gl24dwp.pdf

 

Doesn't matter whether you write a letter to include the word 'appeal' or use the GL24 appeal form. My personal preference is to use the form, except for part 8 which I usually write as a statement.

 

Too late to complete a BF223 cos you can't prove your wife didn't receive one. Explain that you thought everything was OK cos your wife didn't receive a BF223. Then use the descriptive phrases from your original letter to make sure you answer all the questions on the BF223 within your appeal.

 

Pay particular attention to the question about documentary evidence. Was the diarrhoea part of your wife's condition? If it was a tummy bug have you a receipt for a product brought from a pharmacy? If you've nothing else add a short confirmatory statement from yourself. Is the call to Atos itemised on a phone bill?

 

:panda: Sincerely, Margaret.

Link to post
Share on other sites

The call will be itemised as it was made from a contract mobile phone, we have access to billing itemization online..

 

The diarrhoea was not part of the condition, It was we believe a consequence of some sort of bug.

 

We honestly thought everything was ok, we recevied payments as far up to 07/03/2013

 

Thanks matt, and thanks Margaret for helping us with this.

Link to post
Share on other sites

Yes, I have just located the phone call entry on our itemised phone bill with Tmobile

 

 

 

Date Day Time Number Type Duration

 

29 Jan Tue 12:35 0800 2888777 0800 Number 3:35

Link to post
Share on other sites

:thepalace1:

 

Yep, that's the number for Shatos' ever unhelpful desk. They've tried to improve its image by renaming it the virtual contact centre.

 

Currently, 08002 888777 is also the number to call, to ask for an audio recorded assessment.

 

Good luck with your wife's appeal.

 

Margaret.

Edited by **Margaret**
Link to post
Share on other sites
  • 3 weeks later...

Well actually I say appeal, the decision was reversed at the "DWP Take a look at the decision again" stage, before it had gone to appeal.

 

I worded the form as best I could, I provided print outs of my wife's online itemised phone bill proving that we told Atos that she could not make the appointment etc etc, and the empty box for Immodium Tablets.....

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...