Jump to content


  • Tweets

  • Posts

    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

stent left in after operation


Quovadisuk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2282 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

In short a stent was left in after an operation which should have been removed after 3 months ,

Two years later it has shown up in X rays and long term illness and pain .

 

I have raised a complaint with the hospital as being clinical and medical negligence .

 

I have now had a reply to say the claim has been escalated to a serious incident review panel (external).

 

Does this increase the chances of making a claim against them ?

Link to post
Share on other sites

Yes, of course it increases the chances of making a claim. You really should be beginning a claim immediately and probably should have done so already.

 

I think you should send the hospital an SAR immediately to get all data that they have on you so far – and then send them a further SAR in a few months time.

 

In the meantime this is probably the kind of thing which needs to be dealt with by a solicitor, partly because the solicitor will be better placed to come up with an appropriate figure compensation, and also when dealing with an organisation like the NHS and their insurers, you probably need some experienced muscle.

 

If you're looking for a solicitor then make sure that you get one which will not charge you anything – regardless of the outcome but instead will charge the NHS once the matter settled. Choose a solicitor who is experienced in these things – not some ordinary high street solicitor who has barely done any medical negligence at all. We don't normally make referrals on this forum that there is a very large firm called – Thompsons – and you might want to give them a call and to discuss it.

 

Any agreement by them not to charge you fees regardless of the outcome should be had from them in writing

Link to post
Share on other sites

Some stents are intended to stay in long term.

If this was not intended to be left in long term and they said it was supposed to be removed at 3 months, expect them (if negligence is found) to claim your compensation should be reduced due to contributory negligence (they’ll try to say you should have gone back when you didn’t hear anything at 3 months).

Link to post
Share on other sites

Thompsons do most of the union work as well and have offices around the UK

were you told the stent was to be removed after 3 months at the time of discharge for their care?

 

In the letters from the hospital and test results it is mentioned as a forgotten stent In this instance this stent is normally removed after 3 months to prevent future complications (calcification) which I have now learnt ...kind regards

 

In this instance there was no mention of a stent being administered and despite having on going problems and infections was duly discharged from the hospital to GP services .

 

Its only recently that the health issues have increased and the insistence that further tests and x rays be done , that the discovery of the stent was found .

 

The recent appointment this month also confirms a "forgotten stent" with other observations ... so in essence was not aware that this stent was in existence until late 2017 ... kind regards

 

Funnily enough I am already with [removed]

but they seemed to be reluctant to take this on,

 

perhaps now its been escalated to a serious incident they may well have another look for me ,

 

I have sent them copies , but have heard nothing to date .

 

If not , then I will go as far as I can with the complaint and then try another for that legal lift if required .

 

I will be replying to the complaints team by Monday to confirm registration of the complaint and that the claim is still within three years ( just ) .

 

however I have pointed out the discovery of the stent only become apparent in August 2017 after a scan identifying it ..

 

so have advised that this date should be used as this date was when the stent and possible cause of infections illness and pain ..

 

Thank you again for the guidance and advice ..

 

....kind regards

Link to post
Share on other sites

stent complications ??? I have had 2 inserted since 2008, no complications. and know many with them after 28 years, what complications are you trying to ascertain???

 

Not all stents are the same.

It depends what stent, where.

 

So, even stents at the same anatomical site may differ in if they are intended to be in long term or not, and if you are trying to compare stents at different anatomical sites: forget it.

 

Your (and your friends) experiences with stents don’t invalidate the OP’s experience of their stent.

Link to post
Share on other sites

Interesting no body ever warned of possible complications - so far I have been lucky> #

 

A metal stent actually is permanent; your body's endothelial cells grow over the metal implant, incorporating the device into the arterial wall for the rest of your life. However, just because the stent device is there doesn't mean it will permanently remain effective in treating your disease. In a minority of cases (less than 10% of cases with 2nd generation Drug-Eluting Stents), a stent can become reblocked, called "in-stent restenosis." If this happens and your stented artery closes up, your doctor might re-open the blocked stent with a balloon, or even place another stent inside the blocked stent. In a small number of cases, the stent itself may become fractured or may pull away from the artery wall which may be a

 

 

cause of restenosis or possibly stent thrombosis, blood clotting inside the stent.

 

The best way to keep a stent from reblocking or the disease from progressing is to reduce as many risk factors as possible. That means lifestyle changes, including a healthy diet and exercise program, quitting smoking, taking the medical therapy and drugs your doctor prescribes, and scheduling an annual check-up visit with your cardiologist to stay on top of disease management. If you can slow or halt your Coronary Artery Disease from progressing, you'll increase your quality of life and prolong your stent's effectiveness. A stent is not a cure for your overall condition, but it can be a lifelong help to you in your fight for good health.

:mad2::-x:jaw::sad:
Link to post
Share on other sites

Interesting no body ever warned of possible complications - so far I have been lucky> #

 

A metal stent actually is permanent; your body's endothelial cells grow over the metal implant, incorporating the device into the arterial wall for the rest of your life. However, just because the stent device is there doesn't mean it will permanently remain effective in treating your disease. In a minority of cases (less than 10% of cases with 2nd generation Drug-Eluting Stents), a stent can become reblocked, called "in-stent restenosis." If this happens and your stented artery closes up, your doctor might re-open the blocked stent with a balloon, or even place another stent inside the blocked stent. In a small number of cases, the stent itself may become fractured or may pull away from the artery wall which may be a

 

 

cause of restenosis or possibly stent thrombosis, blood clotting inside the stent.

 

The best way to keep a stent from reblocking or the disease from progressing is to reduce as many risk factors as possible. That means lifestyle changes, including a healthy diet and exercise program, quitting smoking, taking the medical therapy and drugs your doctor prescribes, and scheduling an annual check-up visit with your cardiologist to stay on top of disease management. If you can slow or halt your Coronary Artery Disease from progressing, you'll increase your quality of life and prolong your stent's effectiveness. A stent is not a cure for your overall condition, but it can be a lifelong help to you in your fight for good health.

 

 

In my instance the stent is in fact a

ureteral stent....

Link to post
Share on other sites

Not all stents are in an artery, let alone a coronary artery,

 

Again, you are extrapolating your situation to the OP’s. The OP’s situation might be similar, but could well be different!

 

 

Thank you for the time in clarifying this for me . in this instance it is indeed a

ureteral stent.

 

A ureteric stent, perhaps?

Link to post
Share on other sites

stents are commonly put in between the kidneys and bladder to allow the passage of small kidney stones and as a precursor to having larger stones smashed up by ultrasound or laser. these are then removed post procedure. Leaving it in for 3 months seems a long time for a plastic one they would use in this instance but they do use metal ones on a permanent basis when the ureter is narrowed.

So, OP what procedure and did you question the consultant as to what would happen beofre you signed the form saying you consent to them doing anything they like

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...