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    • I sent them their quote which outlined the 8-10 weeks start to finish.  Their response is also below.  I placed the order 1st Sept and would have been ok with a couple of weeks here or there as I know delays can be experienced due to others in the chain/weather etc but Feb was too much. I hadn't thought to contact the council re the Building Regs, will do that tomorrow.  At this stage I've only paid the deposit on credit card but it's £2k. The next payments are in stages and they will not accept cards.  Their advice re delays on 29/9 was in response to me asking if we had an install date.  The same day they were advertising for fitters. Their refusal to get their director to call me or make an appointment is making me nervous of continuing.  I woke this morning thinking I would go ahead as we hit it off when he came round but if his administrator has enough clout to stop me talking to him she must be a member of the family as well.     "We did advise a 8 – 10 week installation process from survey which was on the 07/09/2020 so working on this lead time your installation date is due on the week commencing 16/11/2020.   We then advised on 29/09/2020 there is unfortunate delays and I gave you a worst case scenario date as depending on the delivery times this could well be brought forward but we also have to consider we have a 2 week festive holidays.   You still have not been able to provide me with written confirmation that Collin, Davina or Lisa have stated this installation will happen before Christmas. So the delay is unfortunately 8 weeks with the potential of being sooner than this, I just can’t give you an exact installation date hence why I gave a worst case scenario."
    • Quick update -  Good news is that I have been told the car is complete and ready for pickup.  It ran a bit over so we agreed the swap is now tomorrow as I would never make it there before closing time with rush-hour traffic.   Bad news is I have potentially now found out the gearbox and brake fluid service has not been carried out.  We went through this yesterday, got a printout too suggesting it has been done but having just looked more into it, it didnt look right with 2 things standing out. For example:  Part Number: G060175A2, Description : Gear Oil, Qty: 1  This just kept standing out to me given my own Audi had 7 litres of it and they sell them in 1L bottles.   Looked up the part number and sure enough, its not gear oil but Haldex oil (part of the Quatro system).   Other thing that stood out was no filter on the sheet which is part of the service.     Have just dropped them an email so lets see what comes out of it but again sheet I have which is a PDI Requirements sheet (pre-delivery inspection) states:   Carried out MPC & oil service Haldex Reqs gear oil service Brake fluid change   I'm trying to remain calm
    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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    • 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.
       
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    • 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!
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Personal Independence Payment


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Raise this issue with your local MP, seriously, hammer them and demand they explain why the sick and disabled are still being persecuted by this government.

 

Secondly, the fact that they are not on the GMC register isn't surprising at all, yours is the second case I have read where an unregistered HCP has carried out an assessment and then fabricated the report in order to remove the social security from the claimant.

 

Criminal possibly, morally wrong, most definitely!

 

Did they, the assessor claim to be a Dr?

 

Bazooka Boo i have written to my MP today.

 

If as Honeybee13 is correct and the same rules apply and a person with a few weeks training can do this as opposed to someone who has obligations under the GMC as should be the case there is no deterrent to fabricate a medical report and not even bother to carry out a full and proper medical assessment.

When you consider that i have both physical and psychological problems you would have thought a Claimant would be able to rely on a person who has knowledge of both as opposed to the Atos method of dragging someone of the street putting them in a Travel Lodge for ten days and qualifying them on a fast track course and on a par with the qualifications needed to obtain a first aid qualification, it beggars belief.

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Now in receipt of assessment report and as expected full of lies but at least i have those lies in evidence now.

 

The assessor profession has been listed as a Physiotherapist, the evidence consisted and was based on PIP questionnaire and the consultation started at 10.39 and finished at 10.59.

 

And if by magic several tests were carried out which included five rounds of serial sevens which covered test concentration, memory and thinking and i consented to a physical examination, that is news to me as no physical examination was ever carried out, quite the reveres.

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Definitely grounds for an appeal, when you lodge it, explain exactly what was done, and exactly what evidence has been fabricated on the HCP report.

 

Keep copies of everything and a diary of events, if you send anything by post, obtain ''proof of posting'' as a bare minimum, if you can afford it, recorded delivery.

 

Well done for informing your MP of this sham.

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!

 

 

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And if by magic several tests were carried out which included five rounds of serial sevens which covered test concentration, memory and thinking and i consented to a physical examination, that is news to me as no physical examination was ever carried out, quite the reveres.

 

I didn't have tests for concentration. However, because I was able to answer questions, I have no problems with concetration, apparently! My friend at various points had to add things.

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May I suggest that when you are writing your appeal you focus on areas where you believe the points should be and explain why.

 

Without wanting to go into my detail, they said things like I had a good recall of my medication -maybe because I had a list in front of me

They also said I had no cognitive impairment even though I am sadly a pathological gambler and that is listed in DSM V and the WHO list of cognitive disorders

 

In my appeal I sent evidence of such things.

 

Beware though it takes some time.

Any opinion I give is from personal experience .

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http://www.advicenow.org.uk/pip-tool?gclid=CjwKEAjwtqe8BRCs-9DdpMOilBoSJAAyqWz_1qZOk1z0Q-h-fq_N0wYvD022X9V24kAXZdSjyJ_YVRoCSM3w_wcB

 

You're emailed the template letter. It's not saved anywhere online if you're worried about your privacy.

 

Thanks for that Nystagmite i have sent an email requesting.

 

I have also now sent asking for the DWP to consider a mandatory reconsideration of the decision, when can i appeal because as i understand matters it is one month from the decision letter does the reconsideration and the time for reconsideration come into play.

 

I asked the PO for recorded delivery on the letter containing the mandatory notice but was told because the DWP had provided a freepost address this was not possible.

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I have also now sent asking for the DWP to consider a mandatory reconsideration of the decision, when can i appeal because as i understand matters it is one month from the decision letter does the reconsideration and the time for reconsideration come into play.

 

 

The one month time limit for appeal doesn't start until you get the official decision notice from the mandatory reconsideration. There is, unfortunately, no time limit for the DWP to do the reconsideration.

RMW

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

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I asked the PO for recorded delivery on the letter containing the mandatory notice but was told because the DWP had provided a freepost address this was not possible.

 

Incorrect, you CAN send freepost return addressed envelopes via RD, they take the freepost off the amount normal RD would cost you.

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!

 

 

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I think the whole system and in the way it works is unjustified, unequal and needs changing.

 

The Claimant should surely have the minimal rights to be assessed by a qualified doctor as opposed to some to an unqualified Health professional who not only can write and claim what they feel should be reported and they are not accountable for their actions any qualified doctor who are bound by the GMC would not take that risk or at least be more less likely to fabricated the medical condition of a Claimant.

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I am going to initiate a private criminal prosecution against Atos who are aware of the misrepresentation made by one of their employees but have ignored my concerns.

 

Which criminal act are you going for, AD?

 

HB

Illegitimi non carborundum

 

 

 

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Which criminal act are you going for, AD?

 

HB

 

Giving false and misleading information is a criminal act, and i think this was covered and introduced under the Care Bill a few years back.

 

Not sure if Atos or the assessor could be liable under the Act if it is proved that the report that both have relied and submitted is false and misleading which i feel was the case.

 

Just looking at the Act now, any input to criminal charges would be appreciated if that avenue is open.

 

Something needs to change because no-one seems to be accountable for how they rely on fabrication bxxl**** as if this is accepted a par to the course.

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I'm sure they also have to sign something to say that the information they've given is correct?

 

Oddily, I complained (see my thread) and was told to provide evidence that they provided false evidence. The numpties (and I'm being polite here) did that themselves.

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I'm sure they also have to sign something to say that the information they've given is correct?

 

Oddily, I complained (see my thread) and was told to provide evidence that they provided false evidence. The numpties (and I'm being polite here) did that themselves.

 

That is good to know, i will be requesting that and a signatory from the CEO at Atos that they are happy with the assessment report despite being told the whole stitch up has been recorded.

 

I wont wait for them to give me the right to appeal, i will just go to the relevent people who advocate and accept false medical evidence, its a crime, full stop as far as i am concerned.

 

I have looked at your thread Nystagmite and it looks like you have been treated in the same way, a pack of lies from a pack of wolves robbing the needy to pay others.

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