Army and hire purchase??

Discussion in 'Army Pay, Claims & JPA' started by bombdr2494, Dec 3, 2007.

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  1. I'm not sure if this is the right place to put this, so apologies if it is in the wrong section.

    I was medically discharged from the army in April, i had previously had a hire purchase agreement for a car. So i made a claim to Lloyds payment protection, they duly paid out the first six months. I then received a continuation claim form to give to my gp (military) to check that my circumstances had not changed and the money could be paid. Lloyds never received anything back after sending the paperwork out FIVE times. Eventually the GP did reply saying i was fine and in work. This simply was not true, and as a result i was medically discharged. I have asked my civilian GP to request my documents so i can be assessed by him only for the military to say they do not send out medical records anymore, and they only need to confirm that i was under the care of a military GP. So....im stuck, i have £8000 that needs to be paid and would be if the military would either tell the truth or send my docs. Has anybody any ideas on where i go next, as i am at a loss what to do next.
     
  2. Where do you go next?

    To a bloody good solicitor!
     
  3. You need to get your civvy GP to write to the following address and request copies of all your Medical Notes:

    Army Personnel Centre
    Secretariat Disclosure 3 (Medical)
    MP 525, Kentigern House
    65 Brown Street
    Glasgow, G2 8EX

    Hope this helps
     
  4. Is it the Civvy GP or do you have to request them yourself? Just wondering as I had to ask myself to get my Dental records.
     
  5. ViroBono

    ViroBono LE Moderator

    It's easier for you to ask for the notes via a Subject Access Request. Write something along these lines:

    The DPA 1998 allows them to charge for copies, but it is MoD policy not to ask for a fee. You should get everything, including printouts of anything on computer, and everything in your FMed4.
     
  6. Did try that avenue, and all that was sent was my med docs before and after my military service. Apparently they do not have to sent the rest....so they told me.
     
  7. I am sorry to hear that you are having to put up with this rubbish and if your story is true, god help us all!

    I think the key to the question is "What law / regulation is there that they are using to deny access to your medical history"? I think that you need to establish that baseline from which they are coming from and then get writing to citizens advice and escalate up as far as your MP if need be. Also seek advice from British Legion, i'm sure they have experience of these affairs and will tune you in.

    Good Luck and keep us all posted.
     
  8. ViroBono

    ViroBono LE Moderator

    Sorry I missed this post earlier.

    This is, of course, utter nonsense. Did they put this in writing, and if so, where was it from?

    There are four things that you could do now:

    1. Write back to whoever sent this pish and remind them that the law obliges them to send you all the data they hold on you.

    2. Skip 1. and send a Letter Before Action (I have suitable draft), stating that they have failed to comply with your formal request pursuant to s.7 of the Data Protection Act 1998, and unless they comply fully within 14 days you will seek an order of the Court to force them to comply, and damages at the Court's discretion. If they don't comply, you can take them to court easily and witout a solicitor.

    3. Complain to the Information Commissioner, who will instruct them to comply.

    4. Complain to SO1 Compliance at MoD. I've exchanged correspondence with him and he's very keen to see SARs properly handled - and aware that they don't always get it right.
     
  9. Roger that, cheers. Of course they didn't put it in writing but at least i know where i stand.