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TOPIC: DLA to PIP

DLA to PIP 1 month 1 week ago #214307

Hello, back again. :)

I had a response from ATOS who ignored the transcript of the recording i sent, said i hadn't played by the rules so therefore it didn't exist! Told me a few times that there was no evidence to contradict the HCP version of events so that was what they are sticking with! :P

I'm a fair person so I've given you your chance, now I'm moving forward. I'm getting in touch with the select committee and showing/telling them about our experiences but i wanted to know is anyone aware of a HCP being taken to the small claim court for damages or is that impossible?

I know i need to go through the process first with ATOS but i'm planning on sending a notice of intent to sue as well. Though i may give them one more chance before i get to that stage.

Thanks.xx

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DLA to PIP 1 month 1 week ago #214309

jayjaybal

I'm not aware of any claimant taking legal action against an assessor let alone a successful claim. It is not enough to show that the report is factually incorrect you would also need to show intent which would be very difficult.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

DLA to PIP 1 month 1 week ago #214311

Does it have to be intent? What about incompetence? Would them refusing to accept and correct the errors that were made suggest intent?

It would just be the small claims court but they so deserve a kick up the backside! I hate to think of them getting away with it! :angry:

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DLA to PIP 1 month 1 week ago #214312

Do the Bond Solon rules apply to PIP reports? xx

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DLA to PIP 1 month 1 week ago #214315

jayjaybal

I doubt you can sue someone for incompetence.

I don't believe the assessor would be classed as an expert witness.

Be aware, if you do take them to court and lose, even in the Small Claims court, you can be held liable for the assessors expenses.

Gordon
The following user(s) said Thank You: jayjaybal

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

DLA to PIP 1 month 1 week ago #214320

Thanks Gordon, I really appreciate the help. xx

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