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    • No problem. Glad we helped.
    • Well, I'm not having that luck. A quick google shows that I'm not the only one either.   It's very hit and miss it seems.   Currently, I'm looking for some recourse, as this is eating my and my sister's inheritance up in interest and government fees, when it should have been a cut and shut case.
    • Doing it that way does add an extra chance for a screw up in that someone has to marry the physical will to your online application.  Does seem a recipe for disaster.  Can’t see that a determination to move all applications online will be an improvement.  Doing it all with pen and paper and using snail mail last year I got the email to say they’d received it within days and probate granted a couple of weeks later both times.
    • HSBC has announced the closure of 82 sites across the UK as part of a wider strategy to create four new types of branches View the full article
    • @BankFodder   I have obtained 3x independent Quotes, the average of the quotes was 24,000 including VAT but not including things like sanitary ware if that is damaged trying to rectify his works or new tiles.  In addition I have already spent £1000 and anticipate needing temporary accommodation for at least 1month but it is hard to know how long the works will take.  I need to to exact calculations, and it is difficult to predict all costs but I believe in total I am looking at between £28,000 and £30,000   Here is a chronological bullet points of events, which I have sent to the builder and attempts at communications, it is still not short.    May 2018- works began October/November  2018 Original work completed. 19th April 2019- first contacted builder with regards to patio doors; said he would get back to me. May 2019- apologised for the delay and said he had hurt his knee  17th June 2019-  I chased him and said there were further issues I wanted to discuss and asked for him to arrange a walk through- we were unable to agree to a suitable time due to him only being available whilst I was at work.  My lodger then was ill and I suggested waiting until after his trip to glastonbury, .  4th July 2019- he contacted me to arrange times which responded to. I didn't get any further response. 26th July 2019- I chased him- no response. 31st July 2019- bumped into him in the street and he said things were tricky at home with his child and would be in touch. 9th August 2019- had heard nothing so chased again.  Further conversation. 18th August 2019- he contacted to ask if I was free on 19th august, we arranged that would be ok for you to come for a walk through 19th august 2019.  he came to look at the issues- patio doors, bathroom grout behind shower, shower seal (it was leaking), bubbling& cracking plaster in the bathroom, joins of plasterboard buldging, loose floor tiles, sticking windows in the loft (unable to lock or close with ease) , leaking back porch , cracks on joints of plaster, gaps in frame of doors, gaps around and under fire doors, staircase looking not straight.   We arranged for him to come on 3rd September. 2nd September 2019- he messaged to say that he was no longer able to attend the following day due to meetings regarding his child. Asked for key to let himself in and do it when he was able to whilst I was at work. I responded and suggested some local services to help with his family circumstances.  Also outlined priorities and said I wasn't willing to leave a key as I wished to be there. I suggested he propose another suitable date.  4th October 2019- he got in touch with a proposed date of 15th.  5th October 2019 I agreed and asked if the back bedroom plasterwork (outstanding from completion) could be done then too.  I got no response. 6th October 2019- I contacted him to alert him to the face that the roof was leaking through the bathroom light. I said i felt it needed to be resolved before the 15th October when he planned to be here as it was an active leak.    11th October 2019- he messaged to say that you contacted my partner when unable to get in touch with me,  he no longer wished to speak via my partner as he mentioned reporting him if he didn't start resolving things.  11th october phonecall- arranged 16th October  instead of 15th to come over to do things.  15th October 2019- i contacted again to say that the bathroom leak has worsened.  he responded to say that he would be there on 16th as arranged.  I responded to say that this was for information purposes to let him know it wasn't an isolated incident. 16th October- he did not come to the house. he texted to say that his day was consumed by his daughter and he would come the following week (w/c 21st).  21st October- he messaged to say the ladder he needed had not arrived and he wouldn't be coming until Wednesday 23rd. 23rd October- I messaged to ask what time to expect him.  he replied to say not until saturday or sunday.  26th October- he messaged to say he was off to merchants and would be here at 9 and he planed  to start in the shower room. he then messaged to say nearer 9.30. I said ok. then he said 10.  I messaged to ask what the hold up was as I had to go out to get something.  he arrived around 10.30. 26th October2019 -  Bathroom-he was to regrout shower, floor , fix the silicone seal and fix the fall on the shower drainage.  He did the sillicone, in white (not clear as previous) and although sealed, the silicone is extremely messy .  The grout is still cracked or missing from between the shower tiles.  the floor- he removed and redid a tile but this was not flat to the floor and the tiles are loose once again.    I also raised the bubbling of paint and the plasterboard joins etc and he suggested this was due to me not doing a proper mist coat (which I did) when decorating. he wet vacuumed the drain in the shower which didn't resolve anything. Back porch- he was to rectify this as it was leaking- he coated this in something rubbery I believe. On this day he also went onto the loft roof and was to recoat and reseal. patio doors- adjusted, UPVC windows upstairs adjusted.  he left saying he would check warranty on the UPVC glazing items and would  be in touch to see how things were but did not get in touch.  31st October-  I had the back, lower bedroom replastered by someone else to fix issues caused by him not weather proofing the loft when the roof had been removed and his men putting their feet through the ceiling 3 times.  16th february 2020- I contacted him to let him know the patio doors were leaking at the joins, the bottom as well as part way up the frame at the join to the wall.  I let him know there were still issues with other things such as the shower, drain,  etc and I got no reponse.  (At this stage the roof was not leaking again)  18th february-  I emailed to the same effect as 16th Feb.  I included photographs.  I got no response.  May 2020- my roof began to leak again.  28th May 2020-  I contacted my insurance legal helpline who suggested I get quotes from independent builders to find a middle quote. This took some time- many builders in the area were either not working due to covid, had long waiting lists or did not wish to take on the job because it was rectifying mistakes.  June 2020- I began to  collate all information regarding this situation, printed and filed all original communications, quotes, estimates and invoices.  September 2020- had the final quote, submitted a claim for legal assistance to my  insurer.   October- 2020- claim denied by legal cover.  complained.  Ongoing.    October 2020- contacted builder again (from another number, he answered!) with all information,  including other quotes, photographs. Said I was looking for refund/partial refund to cover the cost of rectification of works plus consequential losses and inconvenience.  Asked if he was willing to engage to try to rectify.  He said he had lots on and wasn't able to fix it and I said I wasn't looking for him to do this, I was looking for refund to cover the cost of fixing.  he said he had insurance and would contact his broker.    November2020- admitted fault and says he used the wrong tape on the roof.  Says he has submitted a claim through his broker, he asked me for a timeline, which I provided as above.  I have asked for a claim reference number, the insurance company details or any info he has about the process and expected timeline.  He ignored this request. December 2020- I contacted again  several times , asking again for the insurance details and if he would be willing to organise scaffolding and a temporary roof to mitigate his losses and prevent further damage to my home.  He ignored any information and the request to weatherproof the house, he just kept texting to say 'no news' then told me he was going on Annual leave until January 4th 2021.    January 2021, he has not contacted me and so I sent the above letter which I included in my OP.                     
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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.
      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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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2 mri scans classed as unreliable 2 health professionals


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I am on waiting to get a shoulder transplant because 2 health professional posted on my medical notes that my rotator cuff was in fact was intact, that with the benefit of 2 mri scans posting full thickness tears.:-x

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Sorry Brian I'm not quite getting this could you explain the situation in a bit more detail.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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the 2 mri scans have been checked by the registar 2 be 100% accurate. so with there experience they should have known 2 scans couldn't be unreliable.

 

I too am confused as to the exact nature of any complaint.

 

However, you may need to look at the difference between "scan showed the problem but it was missed" (and thus there may have been a breach of duty of care by the person reporting the scan) and

"Scan didn't show the problem, and was reported correctly".

 

Who are you claiming made an error?. The radiologist(s) reporting the scan(s). The clinical team you saw?.

 

No test is 100% perfect. Some tests are more "sensitive", so don't miss the thing they are looking for (a low rate for "false negatives"), while tests can also be "specific" (if it is positive it is likely to be the problem being looked for - a low rate for "false positives")

 

If the clinical team felt you obviously had a rotator cuff tear and it really didn't show on the first scan, that might be a reason why they asked for a second scan.

If it really didn't show on the second scan : should the clinical team have trusted that (& either sought a different testing strategy, or treated you for the injury anyway)

 

For clinical negligence there must be:

A duty of care,

Breach of the duty of care, and

(New) harm resulting.

 

Do you feel the radiologist(s) and / or the clinical team breached their duty of care?

 

Would you have had different treatment avoiding a shoulder transplant if it had been picked up on before?. If you would have ended up needing the transplant anyway they may have made an error but it is harder to claim you've been harmed by it ......

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Your first port of call for any medical malpractice claim is the relevant hospitals Patient Liaision Service (PALS). Send your complaint to them and when it is exhausted or at stalemate then you can go further. If you haven't complained to PALS you have got very little chance of any success via any other route.

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Your first port of call for any medical malpractice claim is the relevant hospitals Patient Liaision Service (PALS). Send your complaint to them and when it is exhausted or at stalemate then you can go further. If you haven't complained to PALS you have got very little chance of any success via any other route.

 

I disagree.

PALS should be independent, despite being funded by the hospital trust.

They can be useful in establishing if something did go wrong, but it isn't unheard of for notes to go "missing" when PALS start to ask for feedback (though if all notes get scanned [so should be available electronically] should be an early question)

 

Depending on what outcome the OP wants, if the OP is already sure there has been clinical negligence, and if the OP is concerned the notes may disappear if PALS start asking questions : the OP's first port of call could be PALS or a med. neg. solicitors.

 

(If PALS ask questions on the OP's behalf, the notes will initially go to the medical & nursing teams for the questions to be answered. If a solicitor applies for a copy of the clinical & nursing notes the notes will be copied for the Trust's legal team before they go to the clinical teams ....)

 

There is no obligation to go to PALS before a solicitor, especially if there is clear-cut clinical negligence.

 

If there has been clear cut negligence : what benefit does going to PALS add? (Balancing this benefit against the risk of the downsides already mentioned)

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I'm sorry I didn't make myself a bit clearer. I had a mri scan done which reported a 7mm 4mm full thickness rotator cuff tear, on the back of the scan the surgeon performed an operation, he then reported on my medical records that my rotator cuff was in fact intact.

 

as I hadn't made any progress the phisio refered me back to the surgeon who performed the operation, after several months on the day of the appointment the surgeon sent 1 of his colleagues when I explained to him I hadn't noticed any improvement in my condition he asked me to remove my top clothing and performed the rotator cuff test, he then requested xrays on examing them he wasn't too happy and said he would sent me for a second mri scan.

 

After several months when I went back to the clinic for results of 2nd mri which I had already read as I requested my medical records lo and behold 2nd mri scans indicate torn rotator cuff tears, Mr Conway at the clinic tried to convince me that my cuff was intact.

 

My mri scans have been checked by the surgeon and proved to be 100% true and accurate this a surgeon at a separate hospital who was performing a third opinion, his words wont mess about you have massive rotator cuff tears and in fact its too late to fix them as arthritis has set in hence only option is a shouder transplant.

 

So what I'm trying to say, is it remotely possible why these 2 surgeons at the same clinic should think 2 mri scans could be wrong as the scans were only on a small part of my shoulder.

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