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    • Hi.   Have you sent an SAR to the Revenue?   HB
    • Okay thanks. You can either bring a contract action against Parcel2Go or against Hermes. Additionally you could bring a negligence action against Hermes because clearly the telephone was in their care and they at the very least acted negligently – and I suppose it would be possible to say that somebody in their employ may have acted dishonestly. If you sue Hermes in contract they will try to say that your contract is with Parcel2Go – and that would be correct. However you would then rely upon the Contracts (Rights of Third Parties) Act which confers upon you as a beneficiary of the contract all the rights of a contracting party. You would not enjoy these rights if you are specifically excluded by the contract between Parcel2Go and Hermes – but we have no evidence that this has ever happened so far. Even if you were excluded as a beneficiary of the contract, you would still be entitled to bring an action in negligence. It might be more straightforward to go for Parcel2Go – but in this instance there seems to be some clear evidence of dishonesty. I'm assuming that you can gather written evidence of this activation – the fact that the warranty has been started and that this is a clear indication that the phone has been activated by someone. Because of that embarrassment factor – that element of dishonesty somewhere in the Hermes chain – I would be tempted to sue Hermes directly, relying on the Third Parties Act and bringing evidence of the deliberate tampering with the parcel before the judge if it went that far. Generally speaking Hermes will put up their hands when threatened with court action for a small sum. I think for some of £500 they would probably normally force you to a hearing – but I think that in this case as you seem to have good evidence that there has been some deliberate intervention by somebody working for Hermes, I think that it is very likely that eventually Hermes would back down – and they would do well to do so and start cleaning up their own backyard. I don't know if there are any distinction features about your telephone – but I suggest that you start keeping an eye on eBay. So you decide. You can bring a contract action against Parcel2Go – who will also say that you didn't have an insurance. Or you can bring an action against Hermes who will say that you had no contract with them and you had no insurance. In respect of the no insurance your position would be that if they want insurance against negligence or contractual breaches or against the misdeeds of dishonest employees then they should insure themselves. You have paid the delivery fee and you expect them to carry out the delivery. This argument would apply whether you are suing Parcel2Go or suing Hermes. I suggest that you send an initial letter of complaint. Give them 7 to 10 days. I have no doubt that they will knock you back – then you issue the letter of claim. If you never done this before then you should spend a little bit of time looking through this forum at the steps involved in bringing a small claim in the County Court. It's not difficult but you should be aware of the steps so that you have confidence in what you are doing. When you send the letter of claim – you will given 14 days before bringing a legal action. If you don't really intend to do that then don't send the letter. Don't bluff. You send the letter of claim and on day 15 you issue the good news. In the intervening 14 days, register with moneyclaim and start preparing your claim. You can save your work as you go. Let us see the draft claim before you click it off. Your risk factors include – loss of claim fee, loss of hearing fee if they push you to a hearing, time and money spent travelling – probably to your local court. All of these risk factors are relevant in the event that you lose. If you win then you will get all your money back plus the value of the phone and you will also claim 8% interest on the value of the phone – which is a pretty good rate nowadays. Your chances of success, in my view, are better than 85%. I see that a suggestion has just been made by 🇮🇲 in Exile 😄  that you should try and get a crime reference number. Good idea.  
    • If you think you have clear evidence of theft, I assume you have reported this crime to the police?  (I don't expect the police to be at all interested in this, but you ought to be able to get some sort of crime reference number which may be of assistance later).  If I were the carrier I'd be asking you this question, and if you haven't reported it, I'd want to know why you haven't.  (I'm not sure "Well I know the police won't do anything" would be a satisfactory answer.)   I tend to agree with BankFodder that you, the customer, shouldn't have to pay for insurance to cover the carrier performing the contract as agreed - that should be their problem.  Difficulty is you may have to go to court to get your money back - and the court may not agree.   I see you've just posted while I'm typing.  So you have reliable proof that the 'phone was activated while supposedly in transit?  And you could get something in writing (maybe even a witness statement if necessary) from your purchaser that the package had been tampered with?  Then I'd go back to the carrier(s) with this evidence (plus a crime reference number form the police) and say you want the value of the 'phone back.  (Did you declare it's value at any point, and do you have proof of what you paid for it?)   If they don't play ball, then for £500+ I'd be considering suing them.  I'm not saying you'd win, but what's to lose?   (just a couple of thoughts.  Do you have proof of what you sent?  Did you either video it or do you have a receipt or anything saying what the parcel you consigned weighed?  eg if it weighed, say, 750g when you sent it but was empty on receipt, that indicates it was "missing" on arrival.)
    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
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furnitman2003

ESA, your having a laugh!

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This site has proved invaluable to me in the past, regarding debt issues, bank charges etc.

 

It looks like I may well need some advice / support in the coming months as I am now at the mercy of the benefit system, god help me.

 

I recently had to give up my Job, and, as my home went with the Job I had to give that up too, and all because I was involved in a serious road traffic accident, My wife and I were hit head-on by an idiot trying to overtake a line of cars, and we had to be cut out of the wreck.

I had head and leg injuries and smashed up my right arm, it was operated on, had plates inserted, but is still not mending, my wife had whiplash cuts and bruises, but we were very lucky.

I was on ESA for a month or so then sent for a Medical Assessment, what a farce that was, and suprise,suprise, I failed and was deemed fit for work, scoring '0'. I have appealed against this decision, as there is no way I can work as I have had another operation on my arm a few days ago and its in plaster, and will be for a few weeks to come.

 

I am also diagnosed by my doctor with Anxiety/Depression as a result of the trauma of the car accident, and all this hassle is not helping that.

 

As well as the Appeal, I also made a formal complaint regarding the Medical Assessment, probably waisting my time doing that, but it makes me feel better, ha,ha.

 

I realise its early days as regards the appeal, but I want to be prepared, and its helps talking to people in a similar situation, and from what I've read so far, I am not alone.

 

Alan

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Mikebach's website is well worth a read and a good preparation for what to expect.

DWP ESA Medical Examinations


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Thanks for that, I'll check it out.

Alan

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Hi there. If only they were having a laugh......

 

I also had anxiety and depression and won when I went to tribunal, but it was hard work and it doesn't help one's mental condition.

 

HB x


Illegitimi non carborundum

 

 

 

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Hi all, I've been reading the threads/posts regarding Atos and the Medical Assessment 'Farce'.

Shortly after attending my assessment, accompanied by my wife, I was so wound up I wrote a letter, originally intended for my doctor, but after finding I had failed the Medical, I decided to include it in my Complaint which I handed in along with my Appeal.

It probably won't do any good, but it made me feel better.

 

In the letter I mention being kept waiting for over an hour, I have since found out, or I suspect, this was intentional, as part of a 'covert observation' part of the assessment.

 

Below are the links to my letter of complaint.

Alan

 

http://i811.photobucket.com/albums/zz37/furnitman2003_bucket/MedComP1.jpg

http://i811.photobucket.com/albums/zz37/furnitman2003_bucket/MedComP2.jpg

Edited by furnitman2003

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That's an excellent letter, I hope it gets some kind of result for you. HB


Illegitimi non carborundum

 

 

 

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Thanks HB, I hope so too, not going to hold my breath though, it did make me feel I was doing something.

Thats what I find hardest, I feel frustrated and powerless to do anything about it.

Alan

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That's the toughest thing, feeling powerless and unimportant, I know. Fingers crossed for you. HB x


Illegitimi non carborundum

 

 

 

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Hi all, I've been reading the threads/posts regarding Atos and the Medical Assessment 'Farce'.

Shortly after attending my assessment, accompanied by my wife, I was so wound up I wrote a letter, originally intended for my doctor, but after finding I had failed the Medical, I decided to include it in my Complaint which I handed in along with my Appeal.

It probably won't do any good, but it made me feel better.

 

In the letter I mention being kept waiting for over an hour, I have since found out, or I suspect, this was intentional, as part of a 'covert observation' part of the assessment.

 

Below are the links to my letter of complaint.

Alan

 

http://i811.photobucket.com/albums/zz37/furnitman2003_bucket/MedComP1.jpg

http://i811.photobucket.com/albums/zz37/furnitman2003_bucket/MedComP2.jpg

Hi furnitman

Thats a brilliant letter you wrote and also very much the same experience I had at the farce ATOS medical. My accident was over 10 years ago and and I was diagnosed with severe PTSD (post traumatic stress disorder) and suffer severe back pain ever since. I was lucky enough at the time to see a top specialist and had managed to control the PTSD till problems at work which led to me having to leave brought on a major recurrence. I still tried to continue to manage this myself and went onto JSA but unfortunately it became so bad that I became suicidal and had to be signed off and go onto ESA. But then came the farce ATOS medical and refusal and 9 months of hell waiting for tribunal and finally getting to see there lies. I won the tribunal based on my proper specialist medical evidence and did not even have to attend. Got another letter to go back to ATOS 2 weeks later, went and would not see me as it was same person who saw me he refused as the case had been against him, re booked for following weeks went and received interrogation. I lost in end and accused her of trying to kill me off, then to top it all got yet another letter to go back again , seems report was done manually and even though i had just been paid for attendance on both dates it had not been put on system. My friend had to deal with it and also asked for complaint form. I couldn't even talk. I am finding it very hard to get my PTSD under control with all this harassment. Had they not done all that I may well have been back at work by now instead it has been made worse. I am up and down like a yo yo I dread the thought of ever having to go back there and just pray that I can get both the PTSD and back sorted before I have to. Good luck with your tribunal and you might also want to look at applying for DLA as welfare rights also got me that which I had not realized I would be entitled too.

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rightsforme, that's a dreadful story. I know how it makes you feel and it's crazy that the people who are meant to help seem to be deliberately making you worse. Have you involved your MP and have you, furnitman?

 

The CAB report said that many people are concerned that there could be extra costs to particularly the NHS psychiatric services, if I remember right, by people having their recoveries impeded or set back severely by this sort of treatment. Is there are charity that represents people with PTSD? Some of the charities contributed to the CAB report and they weren't happy either.

 

Big hugs to both of you. HB x


Illegitimi non carborundum

 

 

 

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Thanks HB, no I've not involved my MP yet, will do though.

I've been tempted to kick up a fuss at the Jobcentre plus, and get the matter in the media, but prefer to explore all legal avenues, first.

Alan x

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Well, you're not alone in feeling that way. I think something is building through this forum.

 

HB x


Illegitimi non carborundum

 

 

 

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Well soon as the new government is formed and we know who the disability minister is we can start battering and kicking up a stink.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Bring it on, PF. Can I sit next to you on the coach please? :)

 

HB x


Illegitimi non carborundum

 

 

 

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Indeed you can lol

 

Now there was a posting on this site this morning from Reef TV they were looking for people with consumer issues that they could take on and sort out for a new BBC programme.

 

Ive been searching for it for the past 0.5 hour and cant find it.

 

PF


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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HB, It would make a great day out, lol.

 

Well done, PF, Keep looking, I'm up for it.

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Hi guys, I'm not necessarily joking. I can't claim it's my idea, there are lots of threads and a campaign thread here along similar lines. I hope I haven't hijacked your thread, furnitman.

 

HB x


Illegitimi non carborundum

 

 

 

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rightsforme, that's a dreadful story. I know how it makes you feel and it's crazy that the people who are meant to help seem to be deliberately making you worse. Have you involved your MP and have you, furnitman?

 

The CAB report said that many people are concerned that there could be extra costs to particularly the NHS psychiatric services, if I remember right, by people having their recoveries impeded or set back severely by this sort of treatment. Is there are charity that represents people with PTSD? Some of the charities contributed to the CAB report and they weren't happy either.

 

Big hugs to both of you. HB x

Hi honeybee

My friend is going to put in the complaint and welfare rights were great they won my tribunal for me and also put in for DLA which I was awarded with no problems for a year. Charities that represent people with PTSD are few and far between, and I only know of one called friends which is in somerset as I have a friends down there so I hope to eventually get moved there so support would be on hand when needed with rather than have to be reassessed then wait for a sessions of appointments. I hoping that I will be able to get back sorted and the PTSD under control before I have to go back to that farce ATOS. Still not had the report from them on the work focused medical nor appointment with adviser. I have however seen a work adviser via recommendation from my councilor and she was great. I have decided I would like to do training to go into advice and support work and just have to contact her once I am well enough. What we are being subject to is horrendous, barbaric, unjust and inhuman and most definitely discriminatory to those of us that have genuine illnesses and disabilities and i hope that in the future I will be able to help others suffering. Once things are all sorted with the government I do intend to write to them too.

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Well soon as the new government is formed and we know who the disability minister is we can start battering and kicking up a stink.

 

PF

 

Quite right PF. I'm sitting back waiting to see how the land lies.

We're all in the poo together and - I think it was HB who said it - there is a good undercurrent swelling about this forum.

We are all beginning to recognise that it's not just us. Not just me. Not just you. But tens of thousands of disabled and long term sick who are suddenly finding themselves cast adrift from a society that cares.

The blame firmly lies with the Government and the DWP.

I just wrote something on another thread which I think sums things up:

 

'There seems to be an endemic, systematic and institutionalised discrimination throughout the DWP against GPs and other healthcare professionals. It is almost as if the entire creaking organisation has succumbed to a God complex. It needs changing imho.'

 

I do think that we are slowly boiling up with our frustration at a system that doesn't listen. I hope that feeling permeates our community. Because that is the last stage of fermentation.

We have had organisations - charities etc - voice concerns for us collectively and they were largely ignored. The media has slowly started taking an interest.

The next step is that those directly affected - us - start to take individual and collective action. To protest and rebel.

It is a process that takes time. We do not have either the resources or the ability that other social sectors may have. But that is what makes this growing angry mood more fearsome.

The effort we have to make is greater than the fully fit. To mobilise the mobility impaired shows a depth of anger not yet witnessed in this country.

I would be very interested to see our general mood in, say, eight to ten weeks time...

 

Up the revolution! ;)

 

Best wishes

Rae

Edited by RaeUK

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Hi Rae and furnitman. I think I did mention something, but not as elegantly as a swelling undercurrent. You should have been an author.

 

Up the revolution, as you say.

 

Furnitman, I haven't forgotten this is your thread, although I hope you'll be on the coach. Welfare Rights are terrific from what I've read here, for those who have access to them. And I think your ambitions are admirable. Odd that a 'sponger' can consider putting something back and helping people. They'll never believe it :rolleyes:.

 

A lot of forces people are affected by PTSD, aren't they. I thought there was a charity that helped and campaigned for them and possibly other sufferers, but I can't recall the name at the moment. Have you looked at that at all?

 

My best, both. HB x


Illegitimi non carborundum

 

 

 

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Hi guys, I'm not necessarily joking. I can't claim it's my idea, there are lots of threads and a campaign thread here along similar lines. I hope I haven't hijacked your thread, furnitman.

 

HB x

 

It's Libro's idea.... Herer's the link.

http://www.consumeractiongroup.co.uk/forum/campaign/251610-calling-all-disabled-people.html

 

The best thing is post stuff here that we can use to fight back with.

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I've been out today, chasing my benefit, etc.

Just come on line, Fantastic!!!..

Things really are moving apace now.

HB, I'm not joking either, its time act, and no you've not hijacked my thread, glad to be of help.

 

Brown-Clegg-Cameron2010, Thanks for the link, I wish I'd found it earlier.

 

If anything I've posted is of use in the campaign, feel free to use it.

Alan.

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Up the revolution, as kelcou said. HB x


Illegitimi non carborundum

 

 

 

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CAB rang me yesterday with an appointment to see an adviser,

( I had contacted them as soon as I found I'd failed the DWP / Atos medical ).

A bit of a knee jerk reaction, as, I'm not quite sure what CAB. can do.

I'll attend and get their opinion, nothing ventured, nothing gained:)

 

I've set up a 'facebook' page, just got to work out how to use it, ha, ha.

Alan

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Do come and join us, furnitman, on facebook:

 

Log in | Facebook

 

The more the merrier ...

Best wishes

Rae

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