Jump to content
  • Tweets

  • Posts

    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
    • Hi. As you can probably presume by the time this has been posted, I am annoyed. Long story cut short is we bought a new build, got a professional snagging company to come in and make a list of things that needed doing and am now still in the process of liaising with painters / electricans, etc. There has been significant disruption with arranging to be in to help guide the various workmen, etc, let alone the complexities of Covid to deal with as well as having two small children. Tonight we were up until quite late having to prepare things for a painter to come tomorrow to fix all the awful painting and marks on walls / poor finishes, etc. This has (and has had over the last few weeks) had a knock on effect with being tired, work being affected, let alone sooooo much time wasted on discussing the various elements with the developer (who hasn't argued with any of the painting, poor electrics, etc that has to be done). My question is has anyone ever claimed redress for all the wasted hours that have to be spent on doing things like this because a developer rushed to get a house ready on time?
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

ill / unfair treatment under section 44


Please note that this topic has not had any new posts for the last 1959 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

I have been detained under section 44 with what I believe is ehlers-danlos-syndrome and wrongly being interpted as mental illness- they want to do tests but the problem is there is no one in Scotland really ualified to diagnose it . I am already physically much worse which in turn is being interpted as yet more mental issues and can barely type or talk to communicate as well.

 

From http://www.nhs.uk/conditions/ehlers-danlos-syndrome/Pages/Introduction.aspx

There are no tests available to confirm the diagnosis or distinguish between hypermobile EDS and joint hypermobility syndrome. The diagnosis is made based on a physical examination and a person's medical history.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260562/UK_Strategy_for_Rare_

 

Rare diseases are covered in

undergraduate and postgraduate medical

training in the UK. But it is unrealistic to

expect primary care staff such as GPs (who

are very often the first point of contact) to

recognise all rare diseases. Many diseases

are so rare that a GP is unlikely to see a

single case in their whole career. Timely and

accurate referral is therefore a crucial skill

 

Can any one tell me what criteria allows drs with no previous -or very little to fairly assess a rare disease with high rate of misdiagnosis instead of allowing them to get referred or go pvt ? ( esp in the highlands were there is 0)

 

If its possible for someone detained under section 44 to seek help privately for assessment if the resources req to rule out a condition are unvailable in scotland esp if there is proof /

reason to doubt a mental illness ?

 

thanks

 

mike

Link to post
Share on other sites
I have been detained under section 44 with what I believe is ehlers-danlos-syndrome and wrongly being interpted as mental illness- they want to do tests but the problem is there is no one in Scotland really ualified to diagnose it . I am already physically much worse which in turn is being interpted as yet more mental issues and can barely type or talk to communicate as well.

 

From http://www.nhs.uk/conditions/ehlers-danlos-syndrome/Pages/Introduction.aspx

 

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260562/UK_Strategy_for_Rare_

 

 

 

Can any one tell me what criteria allows drs with no previous -or very little to fairly assess a rare disease with high rate of misdiagnosis instead of allowing them to get referred or go pvt ? ( esp in the highlands were there is 0)

 

If its possible for someone detained under section 44 to seek help privately for assessment if the resources req to rule out a condition are unvailable in scotland esp if there is proof /

reason to doubt a mental illness ?

 

thanks

 

mike

 

What is your psychiatric diagnosis?

& can EDS present as such?

 

You note "There are no tests available to confirm the diagnosis or distinguish between hypermobile EDS and joint hypermobility syndrome" but that doesn't mean :

"EDS and your psychiatric condition can't be differentiated" - they may or may not be distinguishable.

 

Have you spoken to Ehlers-Danlos Support UK?

http://www.ehlers-danlos.org

 

If your psychiatric condition has never been associated with EDS you may struggle to show that you don't have both separately.

 

If your psychiatric condition may be caused by the autonomic dysfunction of EDS : I'd push for a referral to one of the UK's EDS specialist centres.

You can always remind the psychiatrists (and then the Tribunal!) "are you sure you have excluded organic disease such as EDS with autonomic dysfunction"?

 

Were you advised of "the availability of independent advocacy services under section 259 of this Act", and have you contacted them / asked for them to be contacted?

  • Confused 1
Link to post
Share on other sites

You have the right to appeal to the tribunal for revocation of the order. Your wish to seek alternative treatment elsewhere may be something that will influence the tribunal to change the order? If you present a well thought out plan that can only help your case. http://www.nes-mha.scot.nhs.uk/stdc/appeal.htm

 

As a general principle, you have the right to be involved in your treatment decisions. The fact that you have been found to lack capacity on the subject of your admission for treatment does not mean that you have no right to be involved in other decisions once you have been admitted. http://bma.org.uk/practical-support-at-work/ethics/mental-capacity/mental-capacity-scotland

 

Having said that, it can be very difficult to change doctors minds once they have decided that there is a mental condition, and there does seem to be the view that refusal to accept that there is a mental condition proves that there is a mental condition.

  • Confused 1
Link to post
Share on other sites
What is your psychiatric diagnosis?
delusional..about my illness

& can EDS present as such?

why not ?

don't all people with misdagnosed invisible / rare illness feel strongly about something that is so widely abused & neglected?

The average EDS can take 10yrs or more and multiple docs so doesn't that persistance indicate a firm belief - that until diagnosed - could be considered delusional too ?

 

You note "There are no tests available to confirm the diagnosis or distinguish between hypermobile EDS and joint hypermobility syndrome" but that doesn't mean :"EDS and your psychiatric condition can't be differentiated" - they may or may not be distinguishable.

 

True, but if that firm belief is shared by a leading expert on EDS and the mayo clinic doesnt it change things ?

Have you spoken to Ehlers-Danlos Support UK?

http://www.ehlers-danlos.org

 

No, just the HMSA

 

If your psychiatric condition has never been associated with EDS you may struggle to show that you don't have both separately.

Even if I did does my " conditio " really require this ?

 

12 yr interval since last admission does not fit atypical pattern of the mentally ill ( esp if I am such a risk having travelled to peru / usa,used needles etc )While the last 5 I have been housebound alone with no pysch aid at all so why is it I am suddenly at risk now,when there has been no prior evidence and in fact the opposite ( use of kneewalker as aid instead of scooter before I detriorated ) ?

 

Were you advised of "the availability of independent advocacy services under section 259 of this Act", and have you contacted them / asked for them to be contacted?

 

yup

 

mike

Link to post
Share on other sites
If your psychiatric condition may be caused by the autonomic dysfunction of EDS : I'd push for a referral to one of the UK's EDS specialist centres.

You can always remind the psychiatrists (and then the Tribunal!) "are you sure you have excluded organic disease such as EDS with autonomic dysfunction"?

 

Yes, see here pg26

 

There is so little research into eds - mental illness , but the few are interesting

 

http://www.ncbi.nlm.nih.gov/pubmed/25459977

 

 

http://bjp.rcpsych.org/content/200/6/508

 

" Differences in brain structure were not due to overt psychopathology (the hypermobile group only trended toward higher anxiety scores) or basal physiology (no difference was observed in cardiovascular measures at rest). "

 

" Limitations to our study include the use of a non-clinical sample; interestingly, neuroimaging studies of clinical anxiety groups rarely report enlarged amygdala, suggesting that hypermobility is a distinct phenotype or that amygdala enlargement might be protective in our non-clinical group. "

 

mike

Link to post
Share on other sites

If I was to change my citzenship how would it effect my detainment ?

 

https://www.gov.uk/renounce-british-nationality/overview

When you can give up your citizenship

 

You can only give up your British citizenship or status if either of the following apply:

 

  • you already have another citizenship or nationality
  • you’re going to get another citizenship or nationality after giving up your British citizenship or status

You must also be:

 

  • aged 18 or over (unless you’re under 18 and married)
  • of sound mind (unless it’s decided that it’s in your best interest)

 

 

Can I leave hospital to receive treatment / therapy nearby?

 

m

Link to post
Share on other sites

Heres the whole lead up to how my GP abused my trust and continually lead me into beliving I wasn't at risk.

 

The whole time I corresponded with my GP he never once mentioned or asked anything to lead me to suspect my mental well being was being questioned( if he had i would have risked

travel in order to get better) Although i knew there was a good chance he might assume

i was at risk after he read my history ( which is why I tried to dissuade him) I didn't

get any hint it bothered him either which you can see from letter he sent me on nov14

saying he was happy to leave things( despite having 4 - 5 months in which to read my

history )

 

After I had seen Crisis resolution team he sent out in SWAT force as though I were

terrorist I agreed to see the CPN until I found out it was Dr xxx himself who arranged it. Naturally as I had no idea what was going I wanted to find out why so I wrote. His response as it had been before was to say everything would remain as it was. ( Something interpted as meaning prior to subsequent events ) although now on reflection I realise could have of meant the opposite too.

 

It wasn't long after this and what I assumed had been resolved I received another

unannounced visit from the CPN and once again I was left confused given what my GP had said. I phoned Mr xxx 2 wks later after sending a fax to my GP and informed him that I had told my GP I did not require his services.When I did not recieve any word from either or a visit from the mho ( as required by law for detainment ) I assumed matters were finally settled only ( without any prior warning ) to be detained .

Edited by honeybee13
Names removed.
Link to post
Share on other sites
The fact that you have been found to lack capacity on the subject of your admission for treatment does not mean that you have no right to be involved in other decisions once you have been admitted. http://bma.org.uk/practical-support-at-work/ethics/mental-capacity/mental-capacity-scotland

 

How could I lack capacity on the subject of my admission if I wrote to my GP X2 about it ?

 

He obviously understood me because he replied - as did the cpn on the phone

Link to post
Share on other sites
How could I lack capacity on the subject of my admission if I wrote to my GP X2 about it ?

 

He obviously understood me because he replied - as did the cpn on the phone

 

Dear mikv,

I am writing to you about the detection and sub-atomic properties of the Higgs Boson.

 

I know absolutely nothing about the detection and sub-atomic properties of the Higgs Boson, and couldn't hold a conversation about it nor to (have enough understanding & INSIGHT) have capacity to discuss it in a meaningful way.

 

Yet I can write to you about it.

I can write the same again, without increasing my capacity.

 

The fact that I can write twice (or more!) doesn't affect if I have capacity or not.

 

Similarly, you writing twice to your GP doesn't demonstrate capacity on its own : it is what you wrote that will matter.

 

You've also asked about a change in citizenship:

A) you've already noted that you won't be able to change citizenship easily if there is suggestion you aren't of sound mind

B) if you were a citizen of a different country it wouldn't stop your detention under mental health legislation (though those detaining you would be prudent to advise the embassy / consulate of your country of citizenship, so they can provide you with consular assistance - they might even decide between them it was in your interests to be transferred to a mental health facility in the country of your citizenship, for example)

Link to post
Share on other sites
Dear mikv,

I am writing to you about the detection and sub-atomic properties of the Higgs Boson.

 

I know absolutely nothing about the detection and sub-atomic properties of the Higgs Boson, and couldn't hold a conversation about it nor to (have enough understanding & INSIGHT) have capacity to discuss it in a meaningful way.

 

Yet I can write to you about it.

I can write the same again, without increasing my capacity.

 

The fact that I can write twice (or more!) doesn't affect if I have capacity or not.

 

Similarly, you writing twice to your GP doesn't demonstrate capacity on its own : it is what you wrote that will matter.

 

It's a good thing I have evidence then ; )

 

You've also asked about a change in citizenship:

A) you've already noted that you won't be able to change citizenship easily if there is suggestion you aren't of sound mind

B) if you were a citizen of a different country it wouldn't stop your detention under mental health legislation (though those detaining you would be prudent to advise the embassy / consulate of your country of citizenship, so they can provide you with consular assistance - they might even decide between them it was in your interests to be transferred to a mental health facility in the country of your citizenship, for example)

 

When you say sound of mind I assume you mean capacity ?

 

thanks again,

 

m

Link to post
Share on other sites

 

 

When you say sound of mind I assume you mean capacity ?

 

thanks again,

 

 

Why would you assume I meant 'capacity' rather than 'of sound mind', when I am replying to YOUR use of "of sound mind".

 

If I was to change my citzenship how would it effect my detainment ?

 

https://www.gov.uk/renounce-british-nationality/overview

When you can give up your citizenship

 

You can only give up your British citizenship or status if either of the following apply:

 

  • you already have another citizenship or nationality
  • you’re going to get another citizenship or nationality after giving up your British citizenship or status

You must also be:

 

  • aged 18 or over (unless you’re under 18 and married)
  • of sound mind (unless it’s decided that it’s in your best interest)

 

 

So, it may be that I should mean "capacity" rather than "of sound mind", but only if your post that I was referring to should mean the same!.

 

So, are you wrongly assuming that I (and thus YOU) meant capacity, or did YOU get it wrong in your previous post?

 

BTW, a Tribunal might take into account (when deciding if you have capacity / suffer from a mental health problem that you have little insight into) things like "I considered changing my nationality to escape being sectioned" - they may decide it isn't an entirely rational response ..........

 

How are you getting on with:

a) the independent advocacy service, and

b) The Mental Health Review Tribunal?.

Link to post
Share on other sites

 

BTW, a Tribunal might take into account (when deciding if you have capacity / suffer from a mental health problem that you have little insight into) things like "I considered changing my nationality to escape being sectioned" - they may decide it isn't an entirely rational response ..........

 

TBH that was going to be my final resort if all else failed.

How are you getting on with:

a) the independent advocacy service, and

b) The Mental Health Review Tribunal?.

A ) not good - the Tribunal is a week and the solicitor has still no showed despite advocate recommending him

B) ^

 

I had the mho here today and it seems they have decided to put me on compulsary too.

 

I asked him about getting an interim to have more time as the solicitor still hasnt showed, any thoughts on this ?

 

Also having a real problem with doc here etc scheduling meetings without informing me in advance so there is no way for me to prepare and have my advocate here as a witness.

 

mike

Link to post
Share on other sites

Any one tell me how recent a psychiatrist must have seen a patient in order to approve a short-term detention certificate ...?

 

Short-term detention certificate

 

(a) When might a short-term detention certificate be granted?A doctor with experience in diagnosing and treating mental disorder(a psychiatrist), who has examined you, may grant a short-term detention certificate where he/she believes it is likely that

 

No psychiatrist examined me prior to detainment

 

Dr M (pysch2) saw me briefly as part of the crisis team not as patient

Dr T (pysch1) who Dr Shi8 ( gp) contacted for approval had not seen as a patient in 5 yrs

Dr Shi8 had only seen me once as a patient in 5 yrs re physical for Atos

 

An MHO has a duty under sections 45 and 61 of the Act respectively to interview a patient when short-term detention or an application for a compulsory treatment order is being considered, unless it is impracticable to do so.

MHO did not engage me at any point till after detainment in an informal manner re compulsory treatment order.

MHO did not inform me Section 61(2)©(i) of my rights in relation to the application for a compulsory treatment order.

MHO did not provide me with information on the role of the named person as suits my needs or anything else .

Link to post
Share on other sites

Small Update

 

Apparently the fact my original solicitor no showed for 4wks ( the one my advocate recommended )has put my appeal against my detainment in jepodary because it will end soon and the compulsary treatment their making an application for will have began. ( the one for 6 months ) My new solicitor will make an application for the tribunal next Thurs but at such late notice there is no gurantees and my evidence ( which I've been told would prob win the case ) would be meaningless...

 

A Worried Mike :(

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...