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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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WishPositivity

Information To help Those Who Have a PIP Assessment coming up

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Hi All

 

I Just wanted to share the information I wished I knew when I had my PIP medical assessment , I would not have scored the 0 points they gave me ,

 

I spoke to a decision maker for 34 minutes and he tied himself in knots because I questioned everything ,

Luckily I had just finished writing what to say to him before he called

 

for those of you who have an assessment coming up ,

You won't pass it unless YOU get information from your GP,

 

this was something I didn't know , because I had this before I remember seeing my doctors report

And also them asking us to tick a box to give permission for them to contact our GP,s ,

 

When I said that to the decision maker he said that they only do it for a "just incase" it's up to the claimant to get the information from their GP (shame they didn't say that on the form we have to full in before our assessment) !! ,

 

It all boils down to the assessor whether you get awarded or not ,

 

Also he told me that ALL mandatory reconsiderations usually don't make a difference unless you have more proof of your condition ,

Any letter's you send in explaining how atos and capita have lied etc they don't use !,

 

Also if you unhappy with the way your assessment went you have to complain to atos or capita yourself ,

 

I told him it was a shame that they didn't video it and he told me that is exactly what they are doing at the moment , they're trying to get them up and running ,

 

I asked why wasn't I seen by a mental health person instead of a nurse ,

he tried telling me that it's down to atos or capita to do that ,

And that you could be seen by a doctor , nurse , mental health

 

and I cut him off and said "capita has 80% nurses non qualified and some qualified , and 20% mental health and NO doctors , and he cleared his throat and said "urm urm yes that is right" ,

 

So my advice to those going for an assessment to get a doctor letter to take with you and hand it to the assessor ,but I would also recommend that u do a few copies of it incase they get "lost" ,

 

(i would also record it via mobile and keep the mobile out of sight because we tend to forget a lot so it's useful for your own record of what happened) ,

 

Regardless of what u say or do at the assessment , if you don't get awarded and a decision maker has to look at it ,

It's your word against the assessors and the decision maker I spoke to said they always go with what the assessor says

 

if you can take more than 1 person with you all the better I'd also ask one of them to try and record yourselves walking into the assessment and note the time on a mobile , the more evidence you have the more we can show that atos and capita do NOT have our interest at heart ,

 

I thought the lady I seen was lovely she even gave me some advice after reading what she wrote I'm now even more wary of trusting anyone ,

 

I hope it helps some people who dont know what i have written ,so they don't go through the same ordeal I did well AM still going through

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Hi

 

Welcome to CAG

 

When did you have your assessment and have you put a Mandatory Reconsideration in. (Forget what that individual said as he works for the establishment)

 

Have a wee look at this link: http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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I had my assessment in June and had my decision Friday just gone and I was amazed that the decision maker had rung me so quick because the lady I spoke to on the phone said sometime next week I'd have the phone call

 

I was lucky I managed to use "call recorder" an app on my phone it automatically records any phone call who isn't in my contacts ,

 

I wrote down everything like one part when he said

 

"I do read the reports that come back and in an ideal world we would want a healthcare professional who is urm urm you know trained in a specific area to deal with claimants who have particular issues"

 

He also told me that my assessment actually did go to another medical assessor following my assessment for "Re-work" because we didn't feel that the justifications were robust enough to give a fair decision for each category , so the decision would have been based on what we calm re-work on the report"

 

God knows what all that meant

 

When I told him I was late for my assessment PROVES I can't do a journey to an unfamiliar place I even had to ring up the assessor and say I'll be late

 

He replied "ahh right one of the reasons for the decision was that you can drive"

 

I said "ONLY with my carer and ONLY to appointments as I can't go public transport and ONLY if I feel up to it , I dont go spinning about like a 19 year old I'm 42 !"

 

he said "so you don't drive independently and only if your mood feels up to it"

He then said I'm looking at the info here a second , right as I said the award was given on the basis I drive and your saying you cant"

 

I cut him off and said "listen if I could drive whenever I wouldn't have teeth in a poor state of repair which is something that knocks my confidence if I drove places I'd certainly would have gone to the dentists"

 

He said "right I can get that one looked at again for you"

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He told me that the last letter they had was dated 2013 ,

And he said "if you can get a letter from your GP that would be brilliant remember you want it shown on your worst days , you can send that into us with a covering letter"

 

And after the phone call I had a text through saying "We've received your request to look at our recent Personal Independence Payment decision again. You don't need to contact us as we're looking at this now. Thank you."

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Sorry to be a pain but wondered if you could help about one thing ,

 

I recently had a Work focused interview at the job center after a year of not going and rebooking I went and he seen me at one of my bad days , He said "look you won't have to come down here again I'll just give you a phone call and we can do it over the phone in 6 months I was barely in there for 10 mins ,

Do you think if I ask him would he write a letter for me to send in as more evidence , because the nurse I saw said I was absolutely fine ?

 

Or do you think it would be wrong to ask him as he does work for the DWP

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You are not being a pain at all especially with the new assessment criteria.

 

What medical evidence are you claiming before you claimed PIP?

 

What was your reason for claiming PIP (what medical condition) you do not have to state this on the forum?

 

Read the link I posted especially about the Mandatory Reconsideration as there is a Time Limit which is now running from you receiving that decision letter.

 

You need to try and get as much medical evidence as possible

 

Mandatory Reconsideration is at Post#4 of this link: http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information read the full link.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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They ignore GP letters from experience. I've got a letter from ENT stating I've got various hearing problems. because I could hear from 3 metres, I've got no hearing problems. It's far more complex than that. I have a GP letter stating I've got communication difficulties and my friend (who went with me and taught English and Communication) said the same. I don't, apparently. She also couldn't decide whether I'm visually impaired because I couldn't produce a 9 year old document stating this. (someone told me this is too told) A GP letter clearly states I'm registered.

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My GP will NOT write a letter (so what happens there)? Luckily my CPN would and did, without that letter I would have failed.

 

I dread my next medical will they take on face value my diagnosis of border line personality disorder or will it be the fight all over again.

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Hi ,

 

I could cry right now I can't believe ALL the things happening to me at the moment ,

 

ESA letter that quick this morning telling me they will be taking £350 a month and I'll now get £88 ,

 

I'm down as aggraphobia , OCD , asthma , found out recently I carry the cancer gene my mother has , digestive problems (at the moment my food isn't digesting I won't go into detail it's disgusting) ,

I also had a pain in my left side and the Dr said it's part of my muscle disorder andI have to go for a blood test today to see if my liver and pancreas and kidneys are functioning properly ,

I spend the whole weekend rolling right to left in bed the whole time ,

 

I've been on PIP for a long time I did have a medical 2 years ago but they wanted to do a review ,

I don't know why but I find it weird how my carer was called in for a "interview" one of them "we are calling to see if you arequire getting the right benefit"

 

They wanted to see him at home but his our grandmother passed away so he went into the job center they wanted 6 months of bank statements and he thought it was about him doing a work trial and getting paid ,

 

 

Which they DID ask about and then they chucked in the question "do you have to help the person your claiming carers for wash and get dressed" and what he does in the days etc

 

I was horrified as he was because Who asks that question about someone there related to !!

 

They stopped his income support until they Recieved a full 6 months bank statements when he provided them they reinstated it ,

 

Now I have had the SAME letter which they sent out 2 weeks ago saying they will be visiting me in my home on 8.11.2016

 

Why I've had it I do not know and then the DWP taking 4 months for me to have a decision which I had on Friday ,

 

And I'm starting to panic now because I have a gp appointment today and I'm worried now they won't give me one especially as I'm seeing a different doctor ,

Are they required to give a letter ?

 

How else am o going to give the DWP facts

Also I was going to ask I had a Work related interview 3 weeks ago and I was having a REALLY bad day he told me that because of everything going on and how much stress going to the job center is he said he would do my interview over the phone every 6 months ,

 

I was going to ring him asking if he would write a letter to say about me ?

Do you think there's any hope ?

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No, GPs are not required to write you a letter. Some do, many don't - some also charge.

 

Unless you are about to die and can prove it, then it is a fight all the way.

You might be one of the lucky ones (there are some) but most have to fight to prove their case.

Listing your ailments/illness is not good enough, read up on here what you will need to do and how to go about it, be prepared is all I can say.

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You are right the DR I seen today said "ask reception I know we don't do them anymore"

 

Is there anything I can do to get medical evidence ?

Thanks

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You are right the DR I seen today said "ask reception I know we don't do them anymore"

 

Is there anything I can do to get medical evidence ?

Thanks

 

You can ask for a printout of your medical records/ I think it cost me £10, then go through it and highlight all the drugs, treatments etc. (not sure they will read it - but at least give it a go) have you been referred to any consultants if so, see if they will write you a letter.

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Thank you everyone soo much for your help I don't think I would coped without it ,

 

Mrpopperspenguins i must have rang the surgery the other day and the person who spoke to me , most probally was rushing and didn't have time to tell me I could pay for my medical records ,All she told me when I asked "can you ask my doctor to write a letter please for the DWP and she said "we stopped doing all that"

 

But when i seen what you put i rang up and said I'd like a printout of my medical records and how much is it (I said how much is it because I didn't want them to throw me off , so I said it like I KNEW they did it) ,

She said the woman who does it is not in till the morning and there are different prices for the type of information you want ,

 

Nystagmate you have given me some hope that I might, just might get hold of some medical documents THANK YOU and everyone else who has helped

 

 

How convienant for the DWP that getting our OWN medical evidence is so HARD , the DM must have been laughing at me when I said I'd get a letter from my GP

 

Since they has happened to me I can't believe how many doors are blocked by the DWP to you , actually getting awarded ,

 

I seen the nurse who did my assessment at the local hospital yesterday I was amazed she even remembered me , I could feel someone staring and turned and it was her she hung her head ,

 

 

I can honestly say if she had passed me again I WOULD have approached her , the anger I felt I just wanted to scream out "do you know how many lives are affected Because of people like you who choose to do a few assessments for capita for some extra money ,how do you sleep at night !!

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Hi all again

I've just received the assessor report and she has lied and said I attended the assessment alone !!,

And not just that , that I drove there absolutely fine (rubbish) ,

 

The DWP DM did say to me that 2 nurses looked over it ("healthcare proffessials" and the 2nd one kept putting on each descriptor ,

 

"social and occupational history notes that she drives 3-4 times a week so therefore unlikely to ..................."

 

She even put after the assessors report "ignore the top part" and goes on to say about me driving on EVERY single descriptor ,

 

It's not fair , what can I do ? , as In put on paper for my mandatory reconsideration ? ,

 

I ONLY drive to appointments and ONLY with my carer and ONLY if I'm not so anxious , even if I don't feel it and my carer says they sense it's not a good idea then I don't drive ! ,

 

Can anyone help please

And thank you for your time x

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What stage are you at with your claim, have you got the official Mandatory Reconsideration decision yet? If so, you need to submit an appeal within (I think) 30 days of the date of the decision.

 

You need to go through all the descriptors and see what points you should have scored. A statement from your carer that they accompanied you to the assessment would probably also help - if the HCP has got that particular fact wrong, it will cast doubt on the rest of the report.


RMW

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

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Did you consider asking for the assessment to be recorded ? You can for ESA Work Capability Assessment.

 

Sadly, it is not always a good idea to be truthful to the Health Professionals.

 

Best to say you do not drive, cook or go shopping !

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This is for my evidence for the mandatory reconsideration,

When I spoke to the DM after they stopped my pip I explained to him that I only drive with my carer etc and he said "so you don't drive independently" he then said he would look at that himself ,

 

 

I just wanted to know what are the restrictions to driving while claiming pip ?

Anyone know ?

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It really depends on the reason why you struggle with your ability/disability. I have recently seen a decision where someone said that they experienced regular unpredictable collapses and loss of consciousness. The DM (quite rightly in my opinion) said that if that was the case then they should not be driving. Their driving suggested that they were not as incapable as stated on the claim form

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Hello WP.

 

I've merged your threads to keep the information together. This helps the people trying to advise you. :)

 

HB


Illegitimi non carborundum

 

 

 

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If you weren't allowed to drive, then surely the ability to adapt cars the way they are, wouldn't exist?

 

I was asked at my PIP assessment if I could drive. But in my case, if I could drive, I would be lying about how bad my disabilities are - I take medication which makes me tired (and has sent me to sleep on numerous occassions) and I'm registered partially sighted, which means legally I can't drive.

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Hi all

I cannot sleep I'm so worried about everything I feel sick to my stomach ,

 

My car has been a lifeline , in the last 2 years I've been able to get to important hospital appointments ,

 

My health is at its worst , I'm waiting to see what diagnosis will be about my chest Xray , I have been having severe pain on my left side of my chest

If it wasnt for me driving to the hospital I would not have gone ,

Living far out I'd never be able to travel by public transport ,

 

I told the truth at my assessment , I've just printed off the evidence and my own notes for the DM for the mandatory reconsideration ,

 

When they had a 2nd nurse look at it the reasons being was "administrative error" ? So they had my assessment re-worked on and all she did was say about my driving ,

 

I printed out the official DVLA website stats on driving with each medical problem and they should be able to see that they can't use that against me ,

 

I'm a 40 year old woman I think the days of me spinning about are well behind me , truth be told I hate driving but it benefits my welfare

 

But then again it is the DWP so they will do whatever they want 😢

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