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    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format
    • As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name .
    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hi

 

At the moment I have just gone over from Income related JSA to ESA.

 

I was getting help with my mortgage interest payments on JSA (and this has been transferred over whilst claiming ESA) I believe this can continue for 104 weeks on JSA - is it the same time span if I stay on ESA.

 

Thanks

 

Lilly

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Hi

 

My ESA so called medical will be coming up soon - and I expect to fail it (be prepared is my motto), and I will appeal.

 

What happens to my ESA payment if I fail, and go to appeal, will I have to revert back to JSA and keep signing on whilst I appeal.

 

Thanks

 

Lilly

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From what i have learned, you must send in a gl24 appeal form with a doctors sick note asap after you are refused (if you are refused) and state you wish to recieve ESA at the basic rate pending appeal/tribunal. Thats where i am now.

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Welcome to the site.

Please read some of the info in the stickies at the top of this forum.

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 there.

 

I think CharlieAdam is right. If you appeal, you should receive the Assessment rate of ESA while the appeal is being looked at. As Martin said, the sticky about appeals and tribunals should help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 3 weeks later...

Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

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Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

Your assessment period is thirteen weeks, so you will not have heard anything yet, It was four months for me from submitting the form to getting the ATOS assessment.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I would not worry as yet.

 

I have been on assessment rate ESA since last June and returned my ESA50 form to them at the beginning of September. I finally got a phone call last week with a date for my assessment appointment for the start of next month - though I may have to change the date as I have another appointment I've just been informed about that is the same day and, if I miss that, the next available one isn't until sometime in April!!

 

I have sent in medical certificates continuously - though they lost one in October and I only found out when my money didn't arrive (I got a duplicate from the GP and took it into the job centre the same day, they copied it and registered it as received on their system - the money arrived the following day) and my present one covers me until the middle of March.

 

In total, since submitting my form until the offered date of ATOS assessment, it's been 5 months!!

 

Feebee_71

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  • 1 month later...

Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week.

If I fail do I stay on the £67 a week whilst I appeal.

 

Any advice would be great.

 

Lily

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Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical - My medical was about two months after I sent the ESA50 form in.

 

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week. - Unsure. Someone will confirm this shortly.

 

If I fail do I stay on the £67 a week whilst I appeal. - Yes. You will still receive the £67 per week 'Assessment Rate' of ESA, while you appeal.

 

Any advice would be great.

 

Lily

 

Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

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Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

 

 

Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

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Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

 

You're welcome.

 

Don't let them stress you out. I appreciate that this is easier said than done!

 

It's all a waiting game, and we all have to play them at their own 'game' sadly, while trying to focus on getting well.

 

Good Luck.

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

 

 

I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

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I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

 

Hi,

 

Sorry to read that your Counselling isn't going so well. As you are undoubtedly already aware, often these things are tougher before they get easier.

 

It is certainly possible to go it alone with the appeal, but I would advise asking the CAB for some help. That's what they are there for!

 

They will take the pressure off. They can help with preparing your appeal, and may even attend the hearing with you.

 

I know where you're coming from, regarding talking to strangers, but the CAB are there to help you.

 

The lady helping with my appeal at the CAB is lovely. She's a 'Community Legal Service Welfare Rights Advisor'. She will also attend my hearing with me, and I'm sure if you ask them, you'll be able to get some help too.

 

Not only will they take a load off, your chances of winning your appeal will increase from about 20% (going alone), to around 70% (with representation)!

 

:)

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

Illegitimi non carborundum

 

 

 

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

 

Thanks HB I feel a bit better after that.

At the moment I am receiving cognitive therapy, but it is not working (sadly my issues go back donkeys years) whilst I was married I managed to keep them buried - but all the stress from losing my partner, my mum, my business in all 2 years have just taken its toll and I feel mentally and physically dead - also being 55 on JSA (as I was) was soul destroying, as no one wanted to offer me a job - I never even got replies from the countless applications = even my job centre wanted to pass me on to another area, as I was a blot on their books.

All goes to make you feel really good about yourself.

 

I have found a welfare rights in my area as well as a law centre which offers free help and specialises in benefits so, I will wait to first get the medical, and then go from there.

I think the CAB are absolutely stretched it is so hard to even get to see them - mind you the WR place only takes calls once a week between 2 and 4!

 

Anyway I shall try my best - as there is no other option open to me.

 

Thanks

Lily

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

Illegitimi non carborundum

 

 

 

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

 

Funny that HB - one day at a time has become my motto.

I am glad you said CBT does not work for everyone - I thought it was me.

I have problems writing down my day to day events (because often there aren't any) - I don't want to keep a diary also I have got passed that stage of achieving something and feeling good - these days I feel zilch.

I don't look at the positives as positives, they are just things that get done.

 

So I use all of my cups instead of washing the same one time and time again - I know I should not, but I do.

 

All in all I wonder how I got to 55 because at the moment breathing is a struggle.

 

Lily

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