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    • Scaffolder has ignored my requests to ascertain his intentions. So I have sent this today. Dear Mr ………….., In order to comply with HSE legislation you are liable to ensure the scaffolding installed at my property is safe. Regular checks and notices need to have been applied since it’s installation on 16th December 2020. It is my view the scaffolding is now unsafe as you have failed to properly apply this legislation with the regular checks and notices and have removed planking and parts from it rendering it less safe as it now stands and for others to dismantle. My inspection also identifies some loose uprights which appear not to take any weight. In order to remove further continued risk of harm I require you to immediately dismantle and remove the scaffolding. I expect this to occur within the next 48 hours.  In order to mitigate continued risk should you fail to remove the scaffolding by Saturday 22 May 2021, I shall arrange for the dismantling and storage of the items. Storage costs of £20 per week will apply along with the costs incurred in dismantling. In order to avoid escalating this matter, I therefore encourage you to arrange via text message, to remove the items. Please text to…………………... I suggest you to do so without further delay. If there are further costs due to you relating to any extra work you have done which has not yet been  invoiced or for which you have not been paid (referring to the £80 you alluded to on Monday), I will take the pragmatic view in order to bring this matter to a speedy conclusion,  and will be happy to take care of that once you have dismantled the scaffolding and are ready to leave site.  Further should you fail to remove the scaffolding, the Torts (Interference with Goods) Act 1977 allows me to sell goods left at my property. The Act states I must serve notice stating my intention to dispose of the items, how you can arrange collection, and that disposal of the items will not begin until the notice has expired. I am now also giving you notice in accordance with the Act to remove the abandoned scaffolding from my property within the next 28 days of this letter. For the avoidance of doubt, I will also issue a summons in the County Court on 15th July 2021 to recover any costs incurred in dismantling or any other amount I incur should the items not be sold or are sold for a lesser amount than the fees incurred. Should this matter remain unresolved on Saturday 22 May 2021, I will also report the matter to the HSE. However, I remain hopeful none of the above escalations will be required and I expect you will agree your removal of the scaffolding by that date will settle these matters subject of course to the additional £80 you alluded to the other day. Yours sincerely
    • No..... you wait to see if they submit a defence by the date required......33 days from date of service...and if not you request judgment.   Andy
    • Hi, No, I’m not suing them on negligence but their negligence will be something that I will bring up in court. Their tracking information was never updated to show that it was actually scanned into the Southampton Hermes depot. It only ever showed as still awaiting collection. Had it been updated , then my customer would have been able to proceed with his insurance claim that he paid extra for with Parcel Compare, and the matter resolved. The fact that only yesterday Hermes admitted that it did actually arrive at the depot on February 5th and was scanned into their system is negligent. Throughout my numerous attempts to trace my parcel Hermes insisted that it was still awaiting collection, despite the courier giving me a collection receipt. The only reason that I’m not uploading my court action particulars is that they contain private and personal information, which I don’t wish to share. I am, however, happy to share any information that will assist others (for both cases).
    • The irony of that is that I personally did apply!  Didn't even get through the online test.  Wasn't nasty enough apparently!!🤣
    • Hey @BankFodder. I hope all's well. Wanted to update you on my claim.   I received an acknowledgement of service for my claim from Parcel2Go. I have attached the PDF file.    Parcel2Go - Acknowledgment of Service.pdf     I am assuming the next step is to just wait and see what their stance is on the matter?    Many thanks.       
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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What should I do here? Last year when I first got turned down for ESA I tried suicide. I mean, I suffer severe depression and they gave me 0 points. I had another ESA medical last month and the strain it put me under leading up to it almost broke me. I had to get half drunk to attend the medical and I was in a seriously bad mental state. I was out of my mind actually. Now I have gotten a letter from them saying that the medical had to be stopped as I 'did not comply with the requirement to be medically examined' because my 'behaviour was such that the medical officer was forced to abandon the interview'.

 

I was cursing, hitting myself, spitting on the floor. I was out of my mind and couldn't help it. Now they seem to be saying that I wasn't mentally fit enough to be found mentally fit enough to work and so are going to punish me for it. They are saying that I have to explain to them why I didn't behave well enough to be 'medically' examined, and are threatening to take away my benefits for being in such a bad mental state at the 'medical'.

 

 

 

I also recorded the 'medical' and told the 'doctor' after it that I had done so. They are also threatening me about that. I only done it as I want to send the recording to a newspaper if I decide to commit suicide over being bullied off 'the sick' by these I can't take it any more. Last winter I froze because of them.

 

I am feeling calm at the moment, calm enough to type this but also calm enough to plan my suicide in such a way that it will expose these What should I do here? They are actually telling me that I have to explain to them why I was too mentally ill to be 'medically' examined. This is Joseph Heller material. There is no way out of this. I will go, like they want me to, but I won't go quietly.

Edited by MARTIN3030
see below.
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Welcome to the site.

We have seen similar stories on these forums,and there are some members who can identify with what you have gone through.

Just hang on in there,some other will be here to respond.

Unfortunately have had to edit some wording from your post.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello Allan.

 

As much as you may find it difficult to believe, this is actually good. I say that because of this statement you made:

 

They are saying that I have to explain to them why I didn't behave well enough to be 'medically' examined, and are threatening to take away my benefits for being in such a bad mental state at the 'medical'.

 

In most cases I've seen where a claimant behaves in a manner which forces the HCP to abandon the assessment, the claimant is put down as 'refusing' to partake in the medical and their benefit is stopped as a result, with their claim being terminated. In your case, they have asked you for an explanation of why you behaved in this manner and although they have stated that they may stop your benefit, they have not just gone straight ahead and done so; they have provided an opportunity for you to explain the behaviour which prompts me to think that if the explanation is satisfactory, they may offer you another assessment rather than stopping your benefit. If they stop your benefit as a result of being non compliant then you cannot get it reinstated pending appeal. You can only get it reinstated pending an appeal if you have completed the assessment and not been awarded enough points. You need to, if at all possinle, try to get another assessment appointment and have the assessment completed. That way, if you don't get enough points you will not lose benefit pending an appeal outcome.

 

You need to so as they have requested and explain why you behaved in the manner that you did. If the ESA questionaire you completed describes similar behaviour exhibited in the past as a result of your condition, refer to it and if possible, provide evidence from your healthcare professionals which supports that you can behave in this manner as a result of your condition. I think that it may be helpful for you to seek assistance from either CAB or a Welfare Rights organisation to represent you in your claim. Your local council will be able to provide you with details of organisations which can assist you - they are free services. With information from you, they will be able to write a letter on your behalf with a mandate signed by you saying you give them authority to act. They will be able to assist you with many aspects of your claim such as the completion of forms, letter writing and telephone communication. Some can represent you at appeal hearings. Having an organisation to do these things does a lot to relieve the pressure on some people.

 

In regard to your suicidal feelings, CAG being a consumer forum is unable to provide you with professional support for this but please do contact the Samaritans. You can remain anonymous. Click here for a link to their webpage.

I would also encourage you to speak to your GP about these feelings. It may be that the treatment you are recieving is not sufficient and they can perhaps look at alternative ways to help you to deal with this.

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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makes me laugh, is there some kind of prejudice here, if you crawl into the room and cant sit on a chair and lose balance everywhere do they stop the medical and say u must explain yourself, how ridiculous. do they not realise unwell people are coming to see them, who may act different or look different, or cope differently. sorry that we arent healthy individuals. they just want to say we are all fit for work cos they dont want to pay out whether they should or not so faced with this dilemma their solution is stop the benefit which is really what they wanted in the first place. despair comes from feeling helpless , my opinion. you just got to fight them and focus it on the system and not on yourself. the whole system is set up to put people off, its a disgrace and tribunals are held where u try to prove ur illness and the decision is theirs , like a court, a court would at least take evidence from medical people involved with you but all the tribunal does is a 20 min interview with someone who does not know you or your history , so its all unfair. so stay strong get in touch with welfare rights and mind and anyone else who may be able to help, i think so many people who are writing on here truly feel similar , chin up ,

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So, if you attend the medical, you're damned, if you attend and it has to be stopped due to your behaviour, you're damned again and you don't attended, it's the same. You can't win can you.

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The HCP that did my medical assesment said on my report that my behaviour was Bizzare....but also later described me as normal!!! my assesment was finished with a 0 points result. With support from a welfare rights support worker that i have had for the last year through a scheme from my local council we put together a good amount of evidence to support my claim. During my tribunal yesterday the judge asked me what the comment Bizzare ment i said i didn't know I didn't think i had behaved bizzarly except being nervous and anxious so was pacing in the room part of the time....also my physical health means i can't sit for long! The judge said it was a strange word for her to use when she did not explain the behaviour she found bizzare.

I think it depends on your assessor as to what they allow and i can only reiterate try to get help explain your behaviour to the DWP and ask if you could please get another assesment, so that you don't have your money stopped, and you get your right to appeal if necessary.

Please don't give up it is a very unfair system but it is possible to get to the end of the tunnel. I won my appeal yesterday going from 0 points to 24! Good luck Arlene

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I would say being nervous is normal.

 

 

Heck yes...the whole process of any of these things is scary.

Maybe they should try being the other side of the desk.

 

One of my advisor's admitted to me, that she thought it was far more stressful for those looking for work, than those the other side of the desk, and I know they do not always have it easy.

 

Mary

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