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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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JSA stopped, no warning or explanation


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Back on the 24th of June I had a meeting at the job centre about my benefits with a fairly nasty lady who tried to claim I had attempted to get out of going on new deal. What had happened was that my Grandma had died and I decided to sign off for a short while to look after my Grandad whilst he got everything sorted and got himself used to living on his own. The previous time I had signed on before this I had been booked a meeting with an advisor and was not told what it was about, but this turned out to be the day of my Grandma's funeral so I had to pospone it. On coming out of the funeral I had a message on my mobile from the nasty lady saying she had rebooked me for a weeks time (both of these were on Tuesdays, which is the day I do volentary work which I arranged through the job centre) and that if I did not attend my benefits would be stopped. This added to my desision to sign off, plus I had recently gone through other personal problems and wanted a bit of a break (my grandad lives out in the Lincolnshire countryside).

 

Since I had little expense I ended up stopping there for almost two months, then came back and signed on, and everything seemed fine, until I got called in the the meeting on the 24th. She claimed I was trying to get out of going on new deal and that it was "convienient" I had signed off just before I was supposed to start (I must thank my Gran for choosing a convienient time to die), despite me not knowing I was due to start new deal. She also picked up that I had "convieniently" got a temporary job for 3 months last time I was due to start new deal (she seemed to not realise I'd been on new deal for 2 months at that time, and isn't that the idea of the scheme, getting a job?), despite this being well over a year before.

 

She even had a go because when I had reclaimed the adviser asked me if I was still looking for work in the same three areas, and I asked her if I could have "Warehouse" removed because it was added when I started volenteering as it related to the work I was doing, but what I had done wasn't relevant to the sort of jobs coming up (half of which were forklift drivers and the like) and when I restarted my volenteering I had moved to doing different work anyway (sales). She said Ok and took it off, but the nasty woman went on about that they would only do that if I had insisted on only having two (she told me I only needed two when I did my claim, or else I would happily have added another, I even told the nasty woman I would).

 

Anyway, she said I could fast track onto the New Deal to get back where I was before I signed off, and I said OK, thinking this would show I was commited and wasn't trying to get out of it, and things seemed fine, and she arranged an interview with another advisor (which I thought would be to to start New Deal). She even said "if everything goes alright I probably won't see you again", which I assumed to mean I would be fine if I went along with New Deal, which I was happy to do. I attended the meeting two weeks later (8th) which turned out to be discussing Flexable New Deal which a nice lady and arranging for another meeting with a New Deal advisor to start it (don't they just love meetings), but then says that the nasty woman had booked me a meeting for the next Tuesday, the 13th (Tuesday, my volenteering day again), but assumes this would not be needed as I was going for new deal, but she rings up and get's told that the nasty woman still wants to see me before I get booked to start New Deal. I then tell her that unfortunatly I'm going away for a week so can't do it attend anyway, and get told it will be re-arranged and I should have a letter waiting when I get back. I fill in a holiday form, and sign as normal as it was my signing day, and leave thinking everything is fine.

 

I did have a letter waiting for me when I got back, 3 letters actually, telling me that "Due to a change in your circumstances we will be unable to pay your benefits from 09/07/10 (the friday), two dated the 12th and one the 14th. There is no explanation as to why. I'm really worried about what I am going to do now, yet also surprised that they have stopped my benefits just like that with no warning (I didn't even realise they could do that). Oviously I can't ring them until Monday. I've never even had any sanctions before, and only had one threat which was due to not attending an interview which I was only told about on the day and had finished before I arrived (someone was interviewing at the job centre). I really don't know what to do as I need the money. It's also potentially buggered my future because I was hoping to start night classes at my local college in September so I could get to University but without JSA or IS I would end up paying about 10x more in tuition fees which I could not afford even if I was still getting benefits.

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First, send off a complaint about nasty woman - there is absolutley no need to speak to people in such an accusatory manner. If they think you have conveinently done things, yes they can ask questions to establish matters but they should never communicate their opinion to you as fact when the facts have not been established. Not acceptable.

 

Your holiday - was it abroad?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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The woman actually said to me "I don't believe a word you are saying" which really annoyed me. I was struggling to answer some of her questions and being vauge about things, but she was asking me about something over a year ago. It did seem like she had formed an opinion and was just trying to confirm it. She reminded me of a driving examiner I had who intimidated me so much I failed miserably (I had failed the previous test due to slightly mounting the kerb when reversing around the corner, passed the next one with 4 minors, yet she managed to give me I think 10 serious faults and a couple of dangerous).

 

My holiday was in the UK, and I gave contact details and filled in all the "will you be able to return" etc questions correctly (i.e yes). The only one I put no to was searching for work, as I would not be able to when on holiday (no access to local papers and no access to internet), and I have had holidays before whilst signing on and said the same with no problems. That said it was about two years ago when I last took a holiday whilst signing on, so perhaps it's changed since then.

 

If they have stopped paying me because of the holiday, I presume I will just have to do another rapid reclaim on Monday and then end up getting more accusations of "convienience" from that woman.

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It may be the case that you were not actively seeking employment which has prompted this; but it shouldn't have.

 

Claimants who do not intend to be ASE (Actively Seeking Employment) and intend to reside at a place other than their normal place of residence can only be treated as ASE for a maximum of two weeks, for any reason in any period of twelve months, provided they have given notice of this - which you have.

 

Ring them on Monday to find out exactly why this has happened - tell them you have had no change of circumstances and therefore do not understand why your JSA has been stopped.

 

If it is because of your holiday, point out paragraphs 21741 and 21742 of Chapter 21 of the Decision Maker's guide and ask them to reconsider their decision, advising them that your absence fits within this category.

 

You can find this here - just enter 21741 into the search box to find it on the document.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thank you for your help :)

 

My only concern is that if I get them to reconsider the desision, how long that will take? Presumably if they found in my favour they would backpay me, but if not would I then have to wait until after the desision to re-claim and therefore not be able to claim anything up until that point? Oviously my other option would be to just reclaim from Monday as I will be looking for work from that point.

Would it be possible to do a rapid re-claim and still get them to review ending my benefits before my holiday?

Who actually makes the desision about if a person is elegable for benefit, as when I filled in the form and said I would not be looking for work last week I pointed it out to the lady dealing with it and asked if it would be a problem and she said it was OK. Sad that my current feeling about the Job Centre is that rarther than "OK" meaning it would not be a problem, "OK" starts meaning "OK, that gives us an excuse to stop paying you."

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It's the benefit delivery centre that make a decision, not the jobcentre.

 

I think you need to find out the cause of your benefit being stopped before you decide to ask for a reconsideration. But you can appeal a decision and make a new claim at the same time. A reconsideration can take several weeks though, so I'd encourage you to get a new claim in to secure some income in the meantime. If it's revised in your favour, they will pay JSA up until the day before your new claim started.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Guest jsa12

the job centres behavior at times shows no depths of stupidity it will sink too.many years ago when my signing day was on the the day of my late mothers funeral they expected me to come in and sign straight afterward.

 

appeal straight away on this,while claiming standards of service/polite behavior the complete opposite is often encountered,she had no right to comment like that and as such is completely unacceptable and unnecessary.

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I rang up today the main number and I was told that my benefits had been suspended for two weeks. All she could give me was something to do with an incomplete job log (I had forgotten my log but told the person what I had done and the jobs I had applied for). She then gave me a number to ring about appealing, which I did and they asked if I had recieved a letter, which I said I had not other than the ones saying my benefits would be stopped from the 9th. They then said a letter had been sent to the job centre on the 15th and they were awaiting a reply, and I would have to wait until then.

 

It's not the end of the world, but I'm pretty mad as I can't see what I've done to deserve it (I've forgotten my log once of twice before and never had a suspension, and it's not been a habbit, just the odd isolated incident (and this is the first time on my current claim). If I hadn't got enough down, most of the time they prompt for some more things (for example I usually don't log all the jobsearch sites I visit unless something comes up on one, but I will if I need something extra). I could understand a reduction, but a suspension seems very harsh (it's basically a £130 fine).

 

I'm also more annoyed about that woman as I now don't know where I stand as far as her and New Deal is concerned, as she should have sent me a letter to arrange a meeting (I assumed she had not due to them stopping my benefit, but I can't see the reason if I'm just suspended). Oh well, I sign on Thursday so I'll take it from there.

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Guest jsa12

you need to pick up an appeal form from the dwp office,they are not keen on appeals'.the behavior of the job centre is completely unreasonable a mixture of bungling incompetence and contempt for the "customers" as it call's them.i have personally witnessed some atrocious behavior exhibited by staff for no justification.

 

new deal is nothing but a licence to bully unemployed people,the government outsources the dirty work as not to breach the human rights act under humiliating and degrading treatment and enforced labour.however the job centre plus office does fall into the act.

 

as mentioned do not take any of this on the chin,and get that appeal in now.

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I've now been told i've been suspended for two months. I don't know what I'm going to do. I live with my dad so I doubt I can even get hardship, but i've got a lot of my own expenses and bills. I'm also going onto stage 3 now, so they are expecting me to work harder whilst not getting a penny from them. Apparently it's due to a job I refused. If it's the one I'm thinking of (I only got called in to discuss one) someone was interviewing at the Job Centre for assembly workers and I was told about it, but they were only interviewing until 3 and by the time I had signed on and got downstairs to where they were they had already finished, plus I was told I needed a passport and didn't have one with me (as you don't carry one around all the time). I'm really mad and worried now. It's so unfair that they can stop paying me for 2 months, effectivly fining me over £500, for something like this, and still expect me to be looking for work, attending their stupid things etc. I hate them so much. I will appeal, but I don't know what I'm appealing against until I get a letter telling me. I'm already boarderline depression due to some other incidents and I think this might push me over the edge.

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Having recieved a letter a few weeks ago saying my JSA would be stopped "due to a change in circumstances" and ringing up to be told that it seemed to be something to do with an "incomplete joblog" I have now recieved a letter telling me that I will get benefits payed from as there was an issue with my "availability to work" (dates given for when I was on holiday) but this is no longer an issue. Right, that's good then, and I've actually been payed today as I should. The problem is when I went to sign on last Thurday I asked about all this and was told I actually had a two MONTH suspension for refusing employment! I was told I would recieve a letter about this, and could then appeal. Being confused I today rang the number on the letter and spoke to a very nice man who checked it out and confirmed that this was the case, sounded as shocked as I was when he told me it was 2 months, and then told me exactly what I need to do, ring the job centre (will have to be tommorow as I've been struggling to get through and I've been doing volentary work most of the day) and if they would not change it then to appeal (he's sending me out an appeal form) and also to apply at the job centre for hardship. I'm really mad and worried about the suspension, but speaking to someone like that really helps things. Hardly surprisingly he was on JSA himself before he got his current job, and he admitted he was surprised how often he gets people ringing up about having benefits stopped for things he did himself.

He couldn't tell me the exact case as it wasn't on the system, but the only time I've been threatened was over an employer interviewing at the job centre on my signing day where I was told "if you are quick you might still catch him". I didn't catch him. I explained this when I had an interview about it, and the person seemed to think I would be fine.

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  • 2 months later...

Somewhere up in Scotland, I remember they formed a claimant's union, and had a system going where 'advisors' at the job centre could be blacklisted by claimants, who would refuse to see an advisor who had displayed a crappy attitude. A petition was signed by anyone who had experienced her rude, condescending nonsense. They managed to get one woman like your 'advisor' transferred away from any dealings with the public, the woman was sat there day after day with nothing to do and a catalogue of complaints about her on her manager's desk. We need more of that kind of thing, I think. What other public organisation would allow its clients to be treated like dirt? If nobody complains, she gets away with it, and people claiming benefits are very often already at breaking point. It's not on.

 

They've started playing games with people on working tax credits now, too. It's all a mix of psychology (create aversion to claiming anything) and saving money so the banks don't have to pay back what we bailed them out with. Anyway, with unemployment set to rise and rise, it's an appalling way to be treating people who find themselves in a position of having to claim on their national insurance payments. I'd like to see the people to blame for this trying to survive with no money for weeks.

 

I hope it all worked out for you in the end.

Edited by phobos2272
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