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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Both Atos and DWP have apparently "lost" and not received medical

Customer Question

Both Atos and DWP have apparently "lost" and not received medical paperwork which was sent to them which was vital for my benefits. They lied, took away the money and then miraculously found it when I proved the paperwork had been sent and had additional copies sent by my gp etc. Can we prosecute them for this and other abuses? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
This is potentially a breach of the Data Protection Act 1998.
The Information Commissioner's office is used to regulate people who process personal data.
If you have a complaint you should complain first to the ICO https://ico.org.uk/
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

What if they argue, as they always do, that it has been temporarily "mislaid"? Can we still potentially argue breach? Thanks

Expert:  Alex J. replied 2 years ago.
Hi
When they initially said they "lost" it did you get this in writing?
Kind regards
AJ
Customer: replied 2 years ago.

No,unfortunately, my advocate spoke on the phone with them. When they realised a copy of the medical certificate had been obtained, they rang my advocate to say they had found the original. It's a standard ploy used by local government departments. As an ex mental health advocate, I have seen this used many times to wear claimants down. It is successful, which is why they use it. However, I myself am now in the very same situation and it seems no one has been able to mount any legal challenge to this.

We asked to fax the information to the dap. They said it was not possible. This is because you can't claim it never arrived. Atos made this mistake recently, and so were forced to concede the paperwork arrived. Initially they denied the information had been sent.

I have already requested all communication be in writing, but this has not been respected,

Thank you for your response.

Best wishes,

Paul

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can your advocate verify that they said it was "lost"?
Kind regards
AJ
Customer: replied 2 years ago.

Yes

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If necessary that will be compelling evidence the fact that they said it to an advocate. The advocate can always give a statement on your behalf.
Kind regards
AJ

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