You may have read last week’s Disability News Service article
We at DPAC absolutely love this idea and it is awesome to read that debt enforcement officers were sent into collect fees from Atos. We thought others might want to do the same so asked for more information about how this is done from the man who initiated this case. Many thanks for the very detailed eply he sent to us.
You can find out what equipment you need to record your assessment in this link. You don’t need a case or PAT test labels of course https://recoveryinthebin.org/put-pip-and-wca-assessments-on-the-record/
To start a claim information on how to do this is on the Small Claim Court’s (SCC) own web site,(now called the County Court Money Claims Centre and can be found at, https://www.gov.uk/make-court-claim-for-money
their address is:- PO Box 527, Salford, M5 0BY.
The information is given in laymen’s terms and the forms are now all available online.
The claimant thought that it was a logical assumption that if “Her Majesty’s Courts and Tribunal Service” (HMCTS) had already found in your favour at a tribunal hearing and overturned ATOS/Capita’s decision then “they” were in the wrong, and would find it hard to defend themselves against a claim based on that decision in the same court system, especially if DWP had not appealed the decision when they had the chance.
He waited for the time DWP are given to appeal the Tribunal’s Decision to run out and filled in the online SCC form “n1″ and sent it in, (n1 is for a specific amount, I think there’s a fee of around £115 for a claim up to £3000 which must be paid with a Postal Order). You may be bale to get help with that fee cost and details are available in leaflet EX160A.The Court contacts the other party and gives them whatever information they need to reply to the claim.
The things you need to get right and accurateare the name and address of the company or person you are claiming from. He used Company’s House web site to find the right name of the company. IAS for instance is just a trading name for ATOS and the claim form had to word the claim as ” Independent Assessment Service (Atos IT Services UK Limited)” to try to cover all the options. If you get the name wrong and win the case, when it comes to collecting the money the enforcement, be it court or bailiffs, can’t serve the paperwork/enforcement order if the name and address is not wholly correct.
He worked out what the interest would be on the arrears amount (which by this time had been repaid by the DWP so he had an accurate figure) as the SCC allows a claim of 8% per year for any claim, and claimed this amount as a “Loss of Amenity” for a “Wrongfully Withheld Amount of £**** “, and claimed damages for causing “Mental Distress, Anxiety and Hardship, all of which were caused by ATOS/IAS’s incorrect assessment”. His claim was for over 18months so he worked out the interest for a month and multiplied it by 18.
He ticked in the box in the “Damages” section for the smallest amount, which was “up to” £1000, and was awarded that maximum amount, probably because ATOS/IAS had not bothered to reply to the Court. He ticked the smallest amount as he didn’t see it as an exercise in making money but more to prove a point – that they are responsible for their decisions. There is a table, suggesting amounts you can claim for different things.
ATOS didn’t defend the action and totally ignored the result, and made no effort to pay what the judgement told them to. I think they are allowed 4 days to pay before any action can be taken, they ignored that too.
All the fees paid, including the fees for the Sheriff’s action, are collected by them are returned as “costs”. I think there’s a charge of around £66 to start the process but that too is returned in the “costs” so in the event of a successful claim it costs the claimant nothing. The Sheriffs do all the subsequent Court procedure, I think they apply, before they “attend”, for a High Court Writ, to give them the power to enter and seize goods to the value of the claim if it is not settled there and then.
In his case, when the Sheriffs turned up someone at ATOS must have rushed through the payment the court had ordered as we got several cheques sent with that date on. They were subsequently cancelled when they were made aware that they would still have to pay the full amount to the sheriffs and their accumulated fees (I think the exercise cost ATOS around £4500). The money was forwarded by the sheriffs direct to the bank we had given them details for.
It wasn’t really hard to do.
I have been in receipt of PIP and Carers Allowance at the higher rate and mid rate mobility for the past 10 years. Last year I suffered a cardiac arrest which significantly affected my health and so I reported this to DWP (ATOS) as one must. I was interviewed over the phone by a nurse working for ATOS. After the call I wanted to make some additions, called DWP who sent me a copy of the nurses report. I was flabbergasted, what the nurse had written contradicted all of the medical history and doctors reports. My PIP, CA and Mobility were stopped immediately.
I made a request for Mandatory Reconsideration and also submitted a formal complaint to the Nurses & Midwives Fitness To Practice Team.
The real DWP then called, asked some questions, reinstated, backdated and increased my benefits. I have informed NMCFTPT of this outcome so hopefully corrective action, such as dismissal will be taken and the nurse will have time to consider the effects of their action and the harm they caused. I think they may find it difficult to find work as a nurse again.
this person is very fortunate to have been able to do this. the state that many people are in when treated this way – and it must number into the tens of thousands – are often incapable of doing anything.
it’s a pity a law firm hasn’t set up a humane way of handling this process for people too stressed and disabled to respond. it would likely cost Atos and DWP more and get more exposure.
I have to agree with you.
If there were more and more people able to do this, I’m sure that the uproar from the DWP would make even our disinterested media sit up and listen!