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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Housing Benefit\Private Rental


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I had to give up work due to my mum wanting to get a full time job as wasnt working with us living under the same roof, and I couldnt afford to pay her, just buy her stuff and keep her.

 

I signed up for a 2 year lease in July 2007, and the lease is expensive - £1000 a month - was splitting up with husband at time, housing market was booming, and was advertised at £850. I had removal van and my daughters outside, had been packing all day after taking the day off from work to move, and didnt read lease as with marriage breakup and eerything my head wasnt screwed on right. Anyway a solictor says I canot get out of lease and would be liabile for rest of rent, council tax etc etc...Checking online I only get so much towards rent but read that in special circumstances they may pay more....

 

I am in process of claiming benefits but wondered what the chances are of them paying my full rent? If they dont I cannot pay the shortfall, I stay in a little village, cannot drive and would need lifts to be able to work somewhere that pays more than minimum wage orclose to it. If I had stayed on at my last job I would have needed childcare to cover from 6.30am to 5:15 and was already using my savings to subsidise the bills. My ex lives abroad and sends me money as and when - he hasnt paid since April as I think he is hoping I move abroad to him because I cannot support kids here, and will end up homeless....

 

To summarise, any chance they will pay all my rent? Or perhaps provide local authorty housing while I suss out financial avenues for paying off lease, and money owed to gas and electric over several years? Think my boiler was faulty before landlord replaced it cos BG wouldnt issue a cert cos BG have increased my monthly debit from £72.50 to £299 a month and I sure as hell cannot afford that but as its only used for heating and water I could technically survive without it over summer months if they switch it off......

 

Any advice as to other forums I could try would be great...may try phoning shelter once Ifind out when they are open!

 

Nikki

 

Oh yeah, I am in Sotland...

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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If your HB claim started before April 2008, you will be assessed according to your needs and by a rent officer's valuation. This means the council will pay for your house according to the number of bedrooms it has versus how many bedrooms you need. (This is determined by how many children you have, their ages and their sex). Additionally, they will not pay above the rent officer's valuation.

 

However, you can appeal against the rent officer's decision and if you lose the appeal, you can then apply for a discretionary housing payment. (But these are not guaranteed).

 

Since April, private tenants claim Local Housing Allowance. Under the new system, the council will pay up to a maximum figure for each type of property in your area. For example, in my area the maximum rent for a 2 bedroom flat is £550. This is reviewed periodically by the council. You can still apply for a discretionary housing payment if your rent is higher. (Again, not guaranteed)

 

As for your boiler, you are NOT responsible to pay for any repairs or replacements: your landlord is! You are ONLY responsible to pay for the gas you use.

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It was the high gas usage - between £800 and £1000 quarter to heat water and radiators due I believe to a faulty gas boiler because he gas company say they have checked out meter and its fine...

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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In which case, you are still only responsible to pay reasonable costs to cover your expected use of gas. As a rough guide, in my previous house, I paid £90 per quarter for heating, hot water and cooking. This was a large, 3 bed semi (well insulated roof, walls and double glazing with new boiler) :2 adults + 3 kids.

 

Even if you double my figure, its nowhere near what they are asking you to pay. The landlord should still be responsible for the excess if it can be shown to be due to his faulty boiler.

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