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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Phil121176

Dreaded letter has arrived ***Resolved****

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Hi 

 

received my letter this morning about assessment for my esa claim :( is it still run by Atos or someone else? Dreading going through all this again :(

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Run by a different company. Better than ATOS, but still use same points based system.

 

If you have evidence from your own Doctors, make sure you send to assessment centre before you attend your assessment.

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Thank you unclebulgaria,my doctor understands my problems,do I ask her to write something for me about the problems I have? Do doctors usually help out

 

thanks

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The work capability assessment is based on how they assess you on a particular day.

 

If you regularly see a Doctors and they have a better understanding of your health, then yes ask your Doctors for a letter, just confirming your current situation.

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I always take someone with me, they take notes, and speak for me when I am having difficulty explaining things. 

The assessment was done in the same building Atos used, but not by Atos.

 

The result for me this time was being placed back in the esa support group,

my physical ailments were mainly given as to the reason why.

 

I strongly believe having someone with me, and good advisors (here in CAG) has been a great help.

 

They said work

"could be considered within 18 months" at the end of the report,

I felt like it was the weakest attempt they could make to please the dwp. 

 

Since then my benefit has changed to UC and I have been told I "may" have another wca at the end of the 18 months. 

If this happens I will take someone again and follow through in the same way. 

 

I think they still do recorded assessments,

I couldn't have one last time as they said I had to be there for 8.00 am and be prepared to wait a couple of hours or so in a queue,

 

they knew full well my daughter has a son in school with health problems and couldn't have come with me,

so I had to have one without recording....

when we got there at 9 ish I think it was,

the waiting room was empty,

so this queue wasn't there then. 

 

If time scales aren't an issue I would go for a recorded assessment at least.

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Thank you Ruby.

 

how long does it normally take for the decision to come in the post?

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It varies, at a guess i'd say anything between 3-6 weeks for me over the time, but I don't think there is any actual set waiting time.

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I have my assessment on 3rd October.I’m already panicking in case they find me fit for work :( I did go to see my doctor about giving me evidence and she said they have already sent her a form to complete and send back,I hope everything goes my way next Thursday, so scared :(

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I hope it goes well for you.  Hopefully your doctor's input will do the trick.  

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Hi

 

Today was the the day of my assessment but I got a call from them this morning and they said they have cancelled my appointment and I will hear from dwp in a few weeks

 

i thought they were going to give me a new date but he said I no longer need to attend the assessment and repeated. About hearing from dwp in a few weeks.

 

what do think has happened?

 

thanks

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Hi....I cant be definite in your case, but this happened to me a while back, and it turned out that there was no assessment and the assessor had returned my file to the dwp, the result was I stayed in my benefit and no assessment.  I am pretty sure they cant find you fit to work without an assessment, as that's what its all about......so hopefully you will hear good news soon.  I really hope so.  Good luck.

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33 minutes ago, Ruby_Tuesday said:

Hi....I cant be definite in your case, but this happened to me a while back, and it turned out that there was no assessment and the assessor had returned my file to the dwp, the result was I stayed in my benefit and no assessment.  I am pretty sure they cant find you fit to work without an assessment, as that's what its all about......so hopefully you will hear good news soon.  I really hope so.  Good luck

Thank you

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Sounds like they have advised DWP to continue with current award, until a future assessment outcome decides otherwise. 

 

 


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Received my letter which said I’ve been placed in support group which I was already in,so good news they’ve left it as it was,what a huge relief! 

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You can ask them for a written statement of reason, so you understand how they have made their decision to keep you in the support group and when they will next review this.

 

Make sure you maintain regular appoinments with your own Doctors as required by them, so there is a record being kept.  So if you needed your Doctors help with benefits assessments ec, this can be arranged.

 

You may be surprised that some people with health conditions, sometimes don't see their Doctors for extended periods of time, which then makes it difficult for their Doctors to complete reports required by benefits assessors,

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thank you for the advice unclebulgaria 👍

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Hi

 

 Just so you are aware of exactly who carries out these assessment since Atos lost the contract it is now Maximus (you will see a different name on the website and paperwork but it is Maximus) that carry out these Assessments different company and they are an American company whose contract has been extended until 2021.

 

If you look at the website for the company in the UK (that DWP use) they call themselves 'Health Assessment Advisory Service' got to the bottom of there website and look to the left under 'Centre for Health and Disability Assessments' and look what it says.

 

https://www.chdauk.co.uk/

 

Do an internet search for Maximus medical assessments in America.

 

This is an American Company carrying these Assessment out and they certainly wont be doing it without a gain to them.

 

 


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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.

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