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    • I think it is too difficult for any party leader to negotiate withdrawal from the EU on their own. It will always be a cross party task, unless there is a General Election and the country gave the the Tories a big majority. But at the moment that is very unlikely.
    • Can anyone help me. I am stuffed.    PayPal allowed me to deposit £4.4k into a gambling website when I had no cash in my bank.    It was the final straw and so I came clean with the wife and joined GA.    I didn't even think to search on the internet, despite how wrong Paypal's actions seemed to me.   This was a few weeks ago and I suffer with depression and anxiety, so all of this just crushed me.   I wake up every day and literally beat myself up.   After a lot of intervention and love I am able to lift my head out of the sand and address what has happened.    Here's the issue:  My wife was getting texts from Nationwide daily saying '£1,700 is due out of your account tomorrow' and so she found the money, and transferred it in.    We took on debt of £3k and Paypal have managed to get their hands on c£4k.    My Paypal balance is now -£420.   I initially posted this in the wrong place and dx kindly offered some advice.    yes I would get all the payments back from NW under chargeback and remove that account as a payment method to PP as well as you say via CPA..   I am not embarrassed to say that I don't understand how this works and the call to the bank is filling me with dread.    What do I need to say to the bank when requesting a charge back? Does this fall under unauthorised transactions?   PayPal aren't letting me remove the bank as a payment method atm.   Trying to not get my hopes up as this would be so huge for me and my family.    Truly grateful for any help.    Pierre  
    • Thank you so much for the reply and apologies for swearing. Will start a new topic.   Pierre
    • you need to create a new topic of your own please   hit create in the top red banner. please don't swear either..post above edited.   yes I would get all the payments back from NW under chargeback and remove that account as a payment method to PP as well as you say via CPA..   dx  
    • Can anyone help me. I am stuffed because of this exact thing.   I was allowed to deposit £4.4k into a gambling website when I had no cash in my bank.    It was the final straw and so I came clean with the wife and joined GA.    I didn't even think to search on the internet, despite how wrong Paypal's actions seemed to me.   This was a few weeks ago and I suffer with depression and anxiety, so all of this just crushed me.   I wake up every day and literally beat myself up.   After a lot of intervention and love I am able to lift my head out of the sand and address what has happened.    Here's the issue:  My wife was getting texts from Nationwide daily saying '£1,700 is due out of your account tomorrow' and so she found the money, and transferred it in.    We took on debt of £3k and Paypal have managed to get their hands on c£4k.    My Paypal balance is now -£420.   Nationwide are closed now I will call in the morning to cancel the CPA / DD.   Do I log a fraudulent payment claim against all of this? Or do I not have a leg to stand on now that I have paid? Should I contact the financial ombudsman?    Any advice would be appreciated.   I have payday loan repayments of £1,800 a month atm. and £4k would clear the majority of that debt... I have a 7 month old daughter and my Wife is on maternity etc. etc.   Suffice to say that the situation is dire.    Thanks if you read this far.   Pierre        
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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Gary44

Recording your assessment

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Hi Folks

 

I have just had my reconsideration letter through the post and fortunately was successful.

 

I think that this was due to my secretly recording the whole process via a mobile phone. The recording allowed me to quote exactly what I said and point out the "inconsistency's in the ATOS assessor report. Without this recording I would have been at a loss to recall a fraction of what I said, and what the assessor said and given the numerous distortions and assumptions made by the assessor it was a godsend.

 

I don't know what other people think, but I would advise anyone undergoing the PIP/ESA process to try and get a recording of any and all communication with the DWP or their contractors.

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Thanks Belinda1066,

 

It was an incredibly stressful process. even though I have been in receipt of higher rate mobility for 15 years.

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Ok, but glad to hear that you were successful.

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I don't know what other people think, but I would advise anyone undergoing the PIP/ESA process to try and get a recording of any and all communication with the DWP or their contractors.

 

First, well done.

 

Second, whilst I would agree with the above suggestion, claimants should be aware that whilst the ESA assessment does allow Maximus to arrange for an official audio recording (must be requested in advance, very limited numbers of machines so may well delay matters and/or lead to multiple cancellations), there is no similar process for PIP. You can of course make an unofficial recording yourself, but should be aware that if you are discovered and refuse to stop recording, your assessment may be terminated on grounds of 'failing to participate' which is likely to result in your claim being refused. Also, there is as yet no official guidance as to whether such recordings can be accepted at the reconsideration or tribunal stage.

 

The machines required for an official recording are beyond the means of most claimants, however one strategy I have seen in practice is to have one phone out on the desk/table openly recording, which can be switched off with appropriate apologies when spotted, with another in a pocket or whatever as back up.


RMW

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

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Yes, can only reinforce RMW advice above, whilst I have always covertly recorded my dealings with ATOS/DWP/JCP if on an assessment you're caught doing so, then they can, and often will terminate the interrogation and strike you from the list.

 

There are plenty of relatively cheap covert recording devices on the market, that are very good, and very discreet, alternatively a simple dictaphone in the pocket.

 

Just don't get caught, or as I like to do, put them to the trouble of getting a recording device from somewhere in the country down to your location.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

HOW DO I START A NEW THREAD?

 

 

 

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I have found with only a few days to spare (four months spent away from 'my home' due to a violent neighbour, documented in another subforum) that I've got my second medical on Thursday. As I established that the woman working for ATOS last year repeatedly lied I'll be recording my assessment, legally or otherwise. I will ring them tomorow to request this, and I'll be attempting to assert using my equipment, but if it doesn't pan out there's no way I'd go through this [problem] without protection. Last time I actually got permission to record well in advance but was told on the day that I couldn't, amazingly enough, which surely must entail misconduct. She said she had no record of the request to record. She also said only they could record and not me, when I had clearly remembered seeing that we an make our recordings, and in view of the reality of these procedures it would be a potentially grave error not to.

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I have found with only a few days to spare (four months spent away from 'my home' due to a violent neighbour, documented in another subforum) that I've got my second medical on Thursday. As I established that the woman working for ATOS last year repeatedly lied I'll be recording my assessment, legally or otherwise. I will ring them tomorow to request this, and I'll be attempting to assert using my equipment, but if it doesn't pan out there's no way I'd go through this [problem] without protection. Last time I actually got permission to record well in advance but was told on the day that I couldn't, amazingly enough, which surely must entail misconduct. She said she had no record of the request to record. She also said only they could record and not me, when I had clearly remembered seeing that we an make our recordings, and in view of the reality of these procedures it would be a potentially grave error not to.

 

Whether or not you can request an official recording depends upon whether the assessment is for ESA or PIP, there is currently no facility for an official recording of PIP assessments. If you can get permission to record an assessment yourself (the provider and the healthcare professional both have to agree), you are required to use equipment which can make two simulataneuous recordings onto either cassette tape or CD, no other equipment or format is acceptable. This type of equipment is of course extremely expensive and beyond the means of most claimants.

 

If you do try to record an assessment yourself without permission or using equipment which does not meet those criteria you will almost certainly be asked to stop, and if you do not the assessment and your benefit claim are likely to be terminated.

 

That said, I totally agree that recording assessments or any other dealings with ATOS, Maximus or DWP is essential and I wouldn't dream of not doing it, you just need to be subtle about how you go about it.


RMW

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

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Really, they're that specific about format? So if I ring tomorrow to ask to do recordings they'll tell me this? The leaflet isn't specific like that. I can see why they might hold this to be necessary, even if it's essentially b.s., but I would think also in a court of law or tribunal there is facility to assess that a recording hasn't been tampered with

 

So the thing then really is to just do it but be shrewd. What is the legal position though with actually using the recordings as evidence later?

 

I have told the council as well that because of their misconduct against me any future discussion is something I'd need to record but I wondered if there is some fascistic law in place to dismiss independent protection. I currently need to learn about legal attack protection but I'd be unsurprised to learn all the supposedly legal sprays and alarms advertised online aren't really legal and that safety is a matter of luck. It feels like the same kind of thing as these recording laws, an institutionally crafted way of stripping us of protection.

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The DWP regulations regarding acceptable recording equipment are indeed that specific, and if you phone tomorrow to ask for your assessement to be officially recorded it is likely to be postponed as the providers only have a few machines which have to be shipped about as needed.

 

If you decide to record covertly you do need to be very subtle about it and you absolutely must stop recording instantly if you're caught. The legal position of such recordings has yet to be tested at tribunal, though I do know of at least two cases where a transcript of a covert recording wasn't challenged.

 

In general, if you wish to record telephone calls there is no need to ask for permission or tell the other person that you are recording, and there are plenty of apps which will automatically record all calls. If you wish to record face to face conversations then whether or not you need permission from the other person depends on where you are. In your own home, you can freely record whatever you like, but if you're in someone's office, for example, you do need the other person's permission.

 

As for your other enquiry, it's not something I know anything about so I won't comment.


RMW

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

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As far as I am aware there is still nothing in english law preventing anyone from making clandestine recordings (Electronic Contemporaneous Note) of any medical assessment. This electronic document, which is how the tribunal would view it, is admissible as evidence in a tribunal and is treated the same way as any other piece of evidence that you might wish to submit. There are a just few rules for the disclosure of electronic documents and these can be found under the Civil Procedure Rules.

 

I can't provide a link as I haven't posted enough yet but if you search Google for " Civil Procedure Rules" + "Practice Direction 31B" it should take you there.

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i secretly recorded my first assessment and then pointed out the inconsistencies in 2015 and am still awaiting a decision. they would not accept my recording.

 

my second assessment - i requested for this to be recorded. unfortunately, it was only a part recording. i can be heard in the actual recording even saying "as discussed before recording" - various things were omitted from the assessment from my entire recording versus their partial recording.

 

my advice would be to make both, your own secret recording and their own recording (they give you a tape at the end of it, albeit only a partial recording)

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