Jump to content


  • Tweets

  • Posts

    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

Please note that this topic has not had any new posts for the last 1232 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

We recently made a request to our housing association to be re-housed due to health problems and my wife suffers with mobility issues. My wife's doctor also provided a supporting letter to the housing association to verify that there were health problems.

 

The housing association arranged for their own independent occupational therapist to assess my wife's mobility issues and to provide a report to the housing association. The housing association agreed that there was an urgent need to be re-housed although the property must have a number of major adaptions in place and the housing association has very limited stock of adapted properties and a very long wait is expected.

 

We could not understand why the assessment outcome was for all of these adaptions to be in place. The housing association provided me with a copy of the occupational therapist report and most of the information is inaccurate and way over the top.

 

I have complained to the housing association that the occupational therapist report is inaccurate which has resulted in us unlikely ever to be re-housed.

 

I have contacted the occupational therapist's firm to see why they have made so many errors on their report and they will not comment.

 

My legal question is that I wish to challenge the findings of the occupational therapist's assessment (which was organised by the housing association by their independent OT). Do I challenge the housing association who arranged the assessment or the occupational therapist's firm?

 

Thank you

Link to post
Share on other sites

Hi jazztheman

 

Are you absolutely sure the OT was independent and not an OT from the local council? (I only ask this as generally with HA if someone is requiring an OT Assessment it goes via the local council social work dept which has the OT Team that does the assessments)

 

Did you have an opportunity at the end of the OT assessment for them to explain what they say is needed/required and where you were happy with this and if not to simply say no don't want that?

 

If the OT was contracted by the HA then you have done the correct thing in complaining to them as you need to follow the HA complaints procedure. (if you have complained by phone only please put this in writing to the HA as you now need to keep a good paper trail)

 

Something I would also suggest is speaking to any consultants you may be under to ask them if they could do a letter for you for the HA more the better (HA yes will look at a GP letter but coming from a consultant has more weight behind it)

 

Also ask the HA when you write to them to provide you with a copy of there Policy on moving for Medical Needs.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Yes it was an independent OT firm used.

 

During the assessment a number of adaption's were recommended which we did not dispute because they seemed relatively minor at the time and maybe of benefit for future use. We did not realise the extent of the adaptions that had been recommended until we were provided with a copy of the assessment report. Most of the information is inaccurate and what was concerning is that the report states that my wife relies on a wheelchair all of the time, this is wrong she only uses a wheelchair for any long distances. This was discussed during the assessment and I cannot understand why the OT is stating this on her report.

 

I am now in the position I do not know who to direct my complaint to? The report is inaccurate and the OT firm are not interested, the HA are stating that they are going on the OT report and it is independent report and will not change their view on the matter.

Link to post
Share on other sites

Was the OT contracted by the HA or did the HA refer this to the Council and it was there OT that done the assessment?

 

Were you asked at the end of the OT assessment if you were happy with the recommendation or not, you should have been able to have input?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

I presume the HA contracted the OT, the firm they used specialises in private independent assessments.

I don't believe the question was asked if we were happy with the recommendations, there were a number of recommendations that we were unaware of until we read the report which was several weeks after the assessment.

Link to post
Share on other sites

So what you actually need is clarification from the HA so I would:

 

Write and ask the HA for clarification on whether they contracted the Occupational Therapist to carry out this assessment and full contact detail of the company they were employed by.

 

(Had numerous OT Assessments over the yrs myself and at the end the OT has always discussed with me what there recommendations will be & why and if I am unhappy with something I will say no to that and OT will either agree or explain further the reason why and if something moveable just to try it and if unhappy they will take it away)

 

Sadly there is no quick fix to this so please Formal Complaint in writing to the Housing Association asking for what I previously said. (get as much medical evidence as possible even asking them to state if possible in any letters that xyz recommendation from OT not required but rest are or suitable for ground floor general needs property with xyz adaptions.

 

(Do not be afraid to ask any consultants you are under to support your application to move and what may be needed in a letter even if you have to tell them what is needed in the letter.)

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...