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ATOS- Ask Two Questions

November 11, 2013

This is from early September. I’ve just found it. I don’t know how useful it is or will be to anyone but I thought I’d put it out there, just in case it might help someone, somewhere, somehow.

This process is not yet complete, but I believe something interesting has just happened for me that may have implications for others here.
So, around 2 months ago, I received a letter from the social, telling me they would be phoning me shortly to talk to me about upcoming changes.
I wrote back to say, I did not have a contact telephone number for them and I was quite happy with my current contract, I did not accept their changes to the terms of our contract, unless they were to give me improved medical care.
3 days after I sent the letter, I received a fat envelope with the ATOS return adress, so I returned it to them.
No contract – Return to sender

several weeks go by, then my Incapacity benefit is not paid to me.
I call last Friday.
Me. “WFT, wheres my dosh”
Them”We received information you have gone away”
Me “Really, where is your evidence of that”
Them “Silence”
Now, I should say here that during 4 phone calls with 6 or 7 different people (sorry no vid/audio), they were DESPERATE to get me to apply for the new benefit.
eg. me. “What am I meant to live on”
them “Well, you will need to fill in this form, so you can apply for an emergency payment” and all kinds of other things to fool me into completing the form.

I wrote to them instead.
With this.
This is NOT a complaint, a query, a request for a statement/agreement and is NOT to be treated as one. By doing so, you will agree to pay £5,000.00 in damages.
Do not refer to me as Mr/Mrs/Ms or any title, which is a legal fiction and is not me. By doing so, you will also agree to pay £5,000.00 in damages.

Thank you for your recent communication.
As stated in my previous letters;
1. I do not accept your new terms & conditions and therefore new offer to contract.
2. I do not wish to change my current contract with you since I am still severely ill and I do not wish to receive you increased payments but a reduction in term.
3. The illness I have is lifelong and incurable.
4. The physical effects of this illness and resultant surgery has left me with quite serious problems, which are being managed by healthcare professionals.
5. Should you wish to offer to me improved medical care I would be interested in considering any offers, however, unless anyone I correspond with has medical qualifications suitable to discuss my case, I do not consent to contracting with anyone else. I certainly do not agree to my details, especially medical details, being passed to ANY 3rd party organisation, if based in the private sector (such as ATOS).
6. It is an offense to attempt to FORCE an individual to contract with a 3rd party, yet I am aware you can try to deceive me (under the commercial maxim let he who will be deceived, be deceived).
7. From your unresponsive correspondence, “Incapacity benefit IS paid for as long as the entitlement conditions are satisfied.” As far as I am aware, I am fulfilling those conditions and have since before I was granted Incapacity Benefit. You should note that word Benefit. This denotes I am the beneficiary of a TRUST. Therefore, you MUST be a trustee, working as a public servant, carrying out your duties FOR MY BENEFIT, not yours or the “governments”.
8. When you discuss the 1998 Social Security act, then claim this is “Lawful”, with all due respect, I suggest you take a look at your terms & conditions of employment. You will find that you are NOT QUALIFIED or EMPLOYED to give LEGAL advice. Once you act outwith the terms of YOUR employment, you make yourself liable for your actions. Go and check this with a true legal professional. The reason I know you are not legally qualified if that you made the mistake of claiming something was “lawful” without actually knowing what lawful means, it is connected with the common law, not statute law. When something is said to be in line with statutes, something is said to be LEGAL, not lawful, the two are NOT the same thing, which demonstrates your non-competence in this matter.
9. If you are claiming I am subject to this particular “act” (1998, social security act), please provide evidence to support your claim. I do not want your opinion this act applies to me, that is not evidence. Just because you have done something a certain way does not make that right in Law.

10. Should you wish me to contract with a 3rd party company, my fee for doing so is £1,000,000 Stirling, to be paid before commencement of contract. A fee of £1,000,000 Stirling is payable should you attempt to force me to complete a questionnaire. That questionnaire, as far as I understand it, is an application (begging) form for a new benefit. Since I do not wish to change the benefit I am in receipt of. This “questionaire” does not form part of the benefit I am currently in receipt of and I have stated, quite clearly, I do not wish to change this benefit, I can only assume you are either trying to deceive me into thinking I have to complete the questionnaire to receive my CURRENT benefit.
11. So my questions to you are quite simple.
a. Is completing the aforementioned “questionaire” a requirement to receive Incapacity Benefit?
b. Is completing the aforementioned “questionaire” a requirement to receive the new “Employment & support allowance”?

Please answer BOTH questions. Failure to do so will result in my assumption that you have attempted to deceive me and I will look to seek retribution to the fullness of the law. (Malfeasance in public office (Scotland) carries a maximum sentence of 14 years Prison I believe. Should you obfuscate, prevaricate or attempt anything other than straight forward yes or no answers, I will have to assume you have something to hide, in which case, I WILL find it.
12. Finally, since you did not address much of what I stated in my previous notices, I do not hold much hope you will be any more responsive this time. Which is why my fee schedule will not have to come into play. Local charities will be delighted.(Yes, even with the benefits agency, I enclosed a schedule of fee’s, for charity of course)

SO, I think I made it clear I wont fall for their bullshit.
SO today, I get a letter from them.

Benefits reply 2.jpg

The interesting parts for me are.
1They failed to answer my quite specific questions, I wonder WHY? They were easy enough.
2. Benefit has been reinstated and yes, a payment was made yesterday!
3. Noting of my not wanting phone calls, but ignoring other legitimate requests.

The concern is the warning “the process will continue”, not with my consent it wont and I will fight you all the way PERSONALLY, so be very careful and remember, I have your name now!

I think the point is, I am fucking buzzing just now. I had hoped for this, but never really expected it.
Now I intend to go on the attack with them personally for failing to answer stuff I have raised.

The other bit I think people may like is that I did something similar with Bedroom tax (I have 2 so called spare rooms according to the system) .

So the thank you is this.
Thanks to the community here for giving me the help and confidence for giving me something to fight back with.
With the bedroom tax, I had tried to use the 1992 social security (analienable benefits) and they must have bottled it because all of a sudden, I get an extention on my “discretionary housing payment”

This is the situation, 6 months ago, I was looking at the prospect of loosing my home as well as being dumped on the dole, unable to work due to illness. It may not be forever, but I should be at least OK until April (the world will probably be over by then and we will all be back in caves)
So thanks guys and to those in doubt, BELIEVE in yourself, get good advice and send letters.
My worse case scenario was loosing house & placed on dole. Now I am back as I was before, except I now can PROVE they are full of shit and the whole thing about ATOS is that it is a con job.
DO NOT FILL IN THAT FORM
ASK THOSE 2 QUESTIONS ABOVE and I would like to wager they wont answer.

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8 Comments leave one →
  1. November 11, 2013 3:57 am

    *sterling

  2. sharon permalink
    November 11, 2013 8:08 am

    Well done evil scum I fought them and won but without such lovely English literature. It is all it takes someone in the know to find them loop holes. perseverance we will win sooner or later.

  3. November 11, 2013 8:37 am

    Glad that someone has the tenacity to tackle ATOS and expose them.

  4. Carole permalink
    November 11, 2013 8:56 am

    Good on you! If you make their life difficult enough, they will give up fighting. That’s the policy they work by, so you may as well play the same game.

  5. November 12, 2013 9:17 am

    Ian Duncan smiths nazi troops that’s atos……

  6. martin McLaughlin permalink
    December 18, 2013 10:52 am

    I was sent an Atos form to fill in after surgery on my foot. Dole said i would only get assessment rate until Atos had completed its examination. Said it should be done in first 13 weeks of claim. Im now thirty weeks in. Have to provide sick notes declaring that im unfit for work to get this assessment rate. I phoned to ask when can i get proper rate and was told..only when Atos have seen me and if I meet their criteria them i will get money backdated. In mean time its super difficult to make ends meet. Does anyone have any suggestions i could try please.

  7. Simon Templar permalink
    December 19, 2013 5:09 pm

    What consideration are you delivering to them under the terms of the current contract ?

    • martin McLaughlin permalink
      December 22, 2013 8:44 am

      Told them i cannot work as ive had an operation on my foot and cannot take my weight. They are pushing for me to go back to previous job as courier. They wont listen when i say i cant jump in and out of van all day. Dwp says it depends on Atos assessment. If Atos say i can then they will seem me ready for work. Showed them hospital letters for second operation on 30 December. They say Atos need to make assessment whether operation is done or not.

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