Reposession and the DWP

[cheekipixi]

Hi,
I wonder if you could help me please.
I am one of the DWP victims, were i was transferring from Incapacity Benefit to ESA, when it was found that i didnt meet with the criteria for ESA and so ALL entitlements were stopped and even after a yr things still weren't sorted, i ended up going to ICE but in that time my mortgage wasn't being paid and the company applied to the courts for an eviction date.. How i don't know but im managed to stop this going ahead, so i still have my house, but, the mortgage company have requested a letter from my Dr stating my illnesses and how long I have had these for. My long term Dr had left and I had this new DR that knew nothing about me, so I sent two assessments from a consultant psychiatrist, it gace diagnosis's and recommended therapy, my Mortgage company stated they cannot use these it has to come from my Dr. I wrote to my Dr explaining things and didn't hear anything so I rang them and they informed me that my Dr had left a few months ago and they didn't know where my letter was. Anyway, after explaining things to the receptionist she then told me that the mortgage company HAD to write direct to the DR. I informed the mortgage of this and they have now stated i have two weeks in which I have to send in a letter from my GP.

What is the best thing to do please.

Many thanks

c
x

[MissFM]

Re: How to deal with Mortgage Arrears

Hi Cheekipixi,

How extraordinary that they won't accept medical evidence from a Psychiatrist - normally their status is godlike. Is it a Consultant (ie is he called "Mr" rather than "Dr")? Perhaps they're just being thick?

Others on here will be better able to advise - I'm so sorry you're going through this nonsense :hug:

[Amethyst]

Re: Reposession and the DWP

You can get a copy of your medical records from your GP surgery. If your Dr has left that practise the surgery should forward any communication on to his new practise, but then there's the issue that unless your Dr has an amazing memory - all your notes will be at your surgery and not with the GP so he wouldn't be able to do the letter. We had similar with evidence of domestic abuse in a legal aid application. We had to get the medical records from the practise under Data Protection and track down the GP who had moved and go visit her with the records to get her to write a letter. Right pain and put things back weeks.

I'll have a look see if I can suss out how mortgage companies are meant to deal with this.

[Amethyst]

Re: Reposession and the DWP

Info on SAR for the Surgery (just if its needed)

If you want to view your health records, you may not need to make a formal application. Nothing in the law prevents healthcare professionals from informally showing you your own records. You can make an informal request during a consultation, or by phoning your GP surgery or hospital to arrange a time to see your records.
Formal requests under the Data Protection Act

Under the Data Protection Act 1998, you have a legal right to apply for access to health information held about you. This includes your NHS or private health records held by a GP, optician or dentist, or by a hospital.
A health record contains information about your mental and physical health recorded by a healthcare professional as part of your care.
If you want to see your health records, you don't have to give a reason.
Applying for access to your health records

Depending on which health records you want to see, submit your request in writing or by email to:

• your GP surgery
• your optician
• your dentist
• the hospital trust's health records manager or patient services manager

This is known as a Subject Access Request (SAR).
It's a good idea to state the dates of the records when you apply.
The health records manager, GP or other healthcare professional will decide whether your request can be approved. They can refuse your request if, for example, they believe that releasing the information may cause serious harm to your physical or mental health or that of another person.
Under the Data Protection Act, requests for access to records should be met within 40 days. However, government guidance for healthcare organisations says they should aim to respond within 21 days.
Fees to access your health records

You may have to pay a fee to access your health records, so ask if there is a charge before you apply to see them.
For more information, see What are the fees for accessing medical records (health records)?