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    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
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    • 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.
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Failed to Attend Medical for ESA at Atos - ** DECISION REVERSED **


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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

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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

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: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.

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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.

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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.

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: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.

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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.

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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

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: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**
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  • 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.....

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