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    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed.   In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign.   Is this legal and explain that you are in the middle of a Court case and they may be called.
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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.
       
      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
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Hi

 

I am claiming JSA and interest help with my mortgage.

My GP has signed me off for a month today (I am due to sign on Thursday).

This is my second certificate this year (for the same health issues).

 

Do I send the sick note to my local JC, also will the help with my mortgage continue.

I expect there might be a delay as I change from one to the other.

 

Pretty scared really, as I am waiting ECG tests, and just had my meds upped for depression.

GP was very nice and understanding, not sure the DWP will be, reading what some of you folks face it all sounds horrible.

 

Any help much thanked

 

Lily

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As you have a fit note stating unfit for work for a period of 1 month you will need to close your JSA claim and make a claim for ESA, as long as there is no break in going from JSA to ESA you won't encounter any problems for your mortgage.

You need to complete and return your ES40 booklet stating that you are claiming ESA and then make your claim for ESA via the telephone e.g last day of JSA today and ESA from tomorrow.

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As you have a fit note stating unfit for work for a period of 1 month you will need to close your JSA claim and make a claim for ESA, as long as there is no break in going from JSA to ESA you won't encounter any problems for your mortgage.

You need to complete and return your ES40 booklet stating that you are claiming ESA and then make your claim for ESA via the telephone e.g last day of JSA today and ESA from tomorrow.

 

 

Thank you very much.

 

Is that just part 3 which states (Any other Reason) and then part 4.

 

Not thinking straight tonight..

Do I also sign the bottom of the sick note (or whatever it is) for SS benefits...I am only claiming JSA allowence and help with mortgage.

 

Lilly.

Edited by Lilly_Monroe
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Yes part 3 of the es40 and keep hold of your fit note until you have your claim form or customer statement for your ESA claim as you will need yto send the fit note with that claim form/statement.

 

 

Thank you again.

 

I have done all that, as well as signed off via telephone with local JC, and made my ESA claim via telephone (had NO idea this took so long) .

They send they send me the paperwork to sign.

 

Thanks again.

 

Lilly

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I switched from JSA to ESA by phone earlier in the year and then took my ES40 signing booklet into the JCP the following day where they checked it and stamped it as received in front of me.

 

Took about 3 weeks for next payment to arrive what with waiting for documents to arrive and then be sent back to them signed.

 

Feebee_71

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I switched from JSA to ESA by phone earlier in the year and then took my ES40 signing booklet into the JCP the following day where they checked it and stamped it as received in front of me.

 

Took about 3 weeks for next payment to arrive what with waiting for documents to arrive and then be sent back to them signed.

 

Feebee_71

 

Thank you for the info...I did not think it would happen over night - mores the pity.

 

Lilly

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Hi

 

I applied for ESA last Monday, been signed off from JSA with doctors sick note/fit note, whatever it is called.

 

I returned my JSA book back with my signing off date, and have also received the copy of my ESA application with all the info I supplied, but I have not received any other paperwork to sign and return.

 

I am very worried as my mortgage (I get help with the Interest) is due on the 26th and I cannot cover it, I am not in any arrears, but worried the BS will get nasty and force me to sell.

 

Can anyone please tell me if I will receive ESA and how long does it usually take.

 

Thanks

 

Lilly

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It will depend on the average processing time for your local benefits processing centre. It could be anything from 10 working days upwards. It will also depend if further information is required and how quickly it is provided also how quickly your claim for JSA was closed.

They don't reccomend contacting less than 10 working days from qwhen your claim was received, as the claim may not be "registered" on the payments system.

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It will depend on the average processing time for your local benefits processing centre. It could be anything from 10 working days upwards. It will also depend if further information is required and how quickly it is provided also how quickly your claim for JSA was closed.

They don't reccomend contacting less than 10 working days from qwhen your claim was received, as the claim may not be "registered" on the payments system.

 

Thank you......once you start needing help ie JSA or other benefits, them life seems to be full of worries.

 

Lilly

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  • 2 weeks later...

HI

 

I was claiming JSA up until 2 weeks ago then I was signed off sick by the doc and applied for ESA.

 

At the moment I have not heard anything, but I understand it can take a while.

 

On JSA I was getting help with my mortgage interest.

 

Two questions really.

 

My JSA was income based.

 

So, am I entitled to ESA and will I still get any help with my mortgage (I have no family to support).

I am worried as my mortgage is due on the 26th, and I will not have it, if nothing has come through by then, and I have no one I had borrow anything from.

 

Any help much appreciated as I am worried and running on empty money wise.

 

Lilly

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If you have a sickness or long term disablity or ill health problem you should be eligible for ESDA however i will point out its mainly for those who us who are unfortunate enough to have a long term illness and or disablity.....do you attned hospital clinics and have specialist consultants/doctors/psychiatrists etc? sorry for the intrusive quiestons but im trying to understanmd why you are applying for ESA......you will get help with mortgage its the same as JSA but when you have had the miedical you are put in a group either WRAG or support group butt this is way down the line form now....to start with they will send u a for to fill out which ou need to do in as much deial as possible...and if you do attend hospital clinicsd for long term ill health and or disablities andy supporting documents ie letters regarding medictaions you are on and the illnesses you have form your GP or specialist doctors will be much help! You will need to send copies of them in with your ESa50 form they send out whichs the initail stage before deciding f you are lkigible at which point you will then go onto a medical assesment with ATOS which i wuld advise you take as much medical evidence with you also and also all medicatiobns you are on then they will decide form there...iof you are turned down as about 80% of peple are at the moment you will have to go to court for a apppeal hearing....dont worry this isnt as scary as it sounds and is mainl there to help you the claimant as ATOS are failing many people even though they are uunfit to work due to the governemts drive so at the appeal you see a jusge doctor and or DWP worker and they decide if you are eligible and most appeals that go to thi stage win so dont panic....just get as much supporting medical evidence as you can and send in with your ESA50 when you reciev it in next few weeks.....if you have an illness that isnt long term and have only been signed off for a while i wouldnt advise trying to cvlaim ES but if your illness could lats at least 26 weeks and may get worse then go ahead and claim for it...and there shouldnt be to much of a break in your benefits when you change from JSA to ESA i had to do this and i didn have a brek in any bens i re ieved...and you will still get your mortgage paid for so dont worrry

All the best and i hope you start feeling a bit bettr and i dont want to worry or scare you with the info ive goven i just thought it best to make you aware of the entire process you may have to face if you need to proceed.

Kind Regards

Sobs

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Oh and also during assesment ophae whichs the beggining of the clim to week 14 you get paid a fix rate of £65 same as your JSA then after week 14 you get an extra component either WRAG whichs £26.50 a week or support group whichs £32 but due to the whiole process you may not get the proper rate until maybe a year or so down the line if you ahve to appeal. But you will definately get the assesmnet rate and also housing benefits if thats applicable to your circumstances so dont panic you should be fine all the best adn if you need mor infor check out HB's stickies at the front page of benefits and working tax credits on ESA he has some very helpogla dn useful info on them that yiou will find very useful should you prcoeed with the claim

All the best and let us know how it goes

Sobs

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Thanks for the reply.

 

I was told to apply for ESA by the job centre, as I had NO idea what I should be claiming (this is all so new to me, and very confusing).

 

I am under the doctor and receiving medication I am also receiving counselling, and awaiting hospital appointment, so no idea how long I will be signed off for.

 

If I have claimed the wrong one, will it get sent to the right department or will I have to start all over again.

 

Thanks for all your help sickovbeensick, it is so hard to know what you can and cannot claim for, and which one.

 

Lilly

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if i were you id contact the citizens advice burou sounds like you wil be eligible for ESA but a welfare rights worker will help you fill out the forms get the evidence fro counsilor/GP/consultants etc and if you have to appeal they will heklp with this alos!

Also the jobcentre wont tell you if you are claiming the wrong benefit youve been very lucky they told you you may be eligible for ESA and if they say you are you most certainly will but it can be a long and very stressful process as the company employed to do the medicals have been told to be extra stringent so dont be surpirsed if they fail you...aty whioch poijnt you will appeal there decision adn get a CAB workler to do your case and put it together thats why if you contact citizens advice tomorrow or at your very earliest convenience they will help you fill out your ESA50 and also advise you of any other benefits you may be entitled to such as DLA etc

ring them tomoroow and they will help you if you have any other questions form someone who knows the appeal process and how it works i have first hand experience after fighting my case for nearly 2 years and i just finally won and have been awarded what i shopukld get whilst im to unwell to work!

all the best and keep us updated

Kind Regards

Sobs

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Hi

 

I applied for ESA 3 weeks ago on this coming Monday via telephone.

 

I sent my sick note in 8 working days ago, and I have not heard a thing.

My mortgage is due out tomorrow, I was getting help with the interest as I was claiming JSA.

 

Could anyone please tell me how long all of this takes to go through (if I am entitled to help that is)

Also does anyone know what will happen with my mortgage, I am not in arrears or anything and not missed any payments before.

 

Worried sick as I don't know who else to ask or what to do.:-(

 

Thanks

 

Lilly

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Time to process a new claim varies between offices - although I didn't work with new claims when I processed ESA, those who did had a 21 day target time from receipt of the claim from the call centre to first payment.

 

If you were getting MI help while you were on JSA, you should also receive that while you're on ESA. I'm afraid I can't advise about those timescales, though.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Time to process a new claim varies between offices - although I didn't work with new claims when I processed ESA, those who did had a 21 day target time from receipt of the claim from the call centre to first payment.

 

If you were getting MI help while you were on JSA, you should also receive that while you're on ESA. I'm afraid I can't advise about those timescales, though.

 

Thank you for your reply - so appreciated.

 

Sense tells me it will be when it will be - but I panic and get all would up.

 

Just keep taking the pills and breathing deeply:-)

 

Lilly

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U-turn on mobility payments.

 

Also, the Government has had to hire 80 more judges, (costing a fortune) to hear the back log of welfare appeal cases.

 

Great, they slash and stop people getting benefit, then give it to those who earn a fortune anyway.

 

Lilly

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Could someone please advice/help me.

 

I am fillling in my ESA50 form, and because my illness is depression I am ticking all the boxes at the moment as - (yes I can do this).

I can walk upstairs, I can lift things, I can understand people - I am worried that my condition is not going to get explained.

 

I am clumsy, but I can use my hands, I trip over, and my legs shake and tremble but I can walk up and down stairs, I can understand people, but 9 times out of 10 I will forget the conversation as soon as - to name a few.

 

I am 54 and this is the first time I have ever had to explain any of this, (outside of my GP and councillor) and I am confused lost and very frightened.

 

Do I put every detail that this depression causes me, and then when I get called for the medical, take reports/letters from my GP and councillor, if they will co-operate.

 

Thanks

 

Lilly

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Just put your experience re your illness and if find certain aspects do not fit within the questions or you want to say more, then write a letter and add it in putting note on form that letter is attatched.

 

You coudl also ring and make appt with cab for help re filling in the form if feel need help or an eye looking over it. Some of the welfare rights officers moved to cab due to lack of funding, but they can offer help still. Give them a ring and tell them how nervous you are

 

ps. when comes to medical, try and take someone with you who knows your illness and can speak up for you/ speak for you if you are nervous/ make sure you are not talked over etc.....

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Thanks everyone.

 

Sadly, I do not have anyone to take with me.

I know I will be nervous,(and I cough - a lot, when this happens) but all I can try and do is answer honestly (if they give me the chance that is).

 

Lilly

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