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    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • why are you stuck with them?   do you not understand what i posted above?  
    • 😔 looks like im stuck with them. I am a bit wiser to this kind of thing now. Fingers crossed that something will change! 
    • Travel companies are concerned that providers of pre-holiday PCR tests are profiteering.   https://www.theguardian.com/travel/2021/apr/09/airlines-warn-that-the-cost-of-covid-tests-will-stop-people-going-abroad?CMP=Share_AndroidApp_Other
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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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    • 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.
       
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      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.
       
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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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Got my call last night 8.00pm for my medical later this month.

 

The call was very odd, almost silence on the other end of the line accept for this hesitant voice, then they left my hanging on for ages whilst they went to (book the medical) again no music, nothing - I thought she had hung up - when she came back to the phone, and said 'hello' it was if she did not expect me to still be there.

 

Really really unnerved me - the strangest call I have ever had.

No interaction at all.

When I put the phone down, I felt as if she was still there on the other end listening.

 

So, now I have weeks of worry

 

Lilly

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Got directions to medical centre - why do they make it up 30 flights of stairs.

Sure, there is a lift (but I hate them) do they want to try and kill us off before we reach the top.

Also states in the case of a fire alarm lifts are out of bounds so who is/will help disabled people down.

 

Why don't they just gas all the ill people and be done with us.

 

Lilly

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HI

 

I have a friend who is on ESA she is selling her house but looking to move into rented.

A small bungalow not far from where is is living (less in rent than the help she is getting with SMI as she will not make much if any profit when her house is sold (there is a huge waiting list for Council properties).

Most rentals say NO DSS - do they mean ESA and the likes, as if so, she is looking scuppered.

 

Lilly

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I think they may mean benefits, yes. DSS is what the DWP used to be called, but it's worth checking just in case.

 

Not all landlords refuse to take benefit claimants. You might ask the question on the rentals forum here and see if the guys there know.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks for those replies.

As my friend was very upset last week, one estate agents she registered with told her 'no out of work tenant's (she said she broke down and cried in their office)!

She is 49 worked most of her adult life and on ESA because of illness.

Non smoker - what the heck do they want.

How horrible some people are.

 

Lilly

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And some say NO PETS,

and what have they got against cats :(

 

Some say no to everything.

Very hard it would seem if you have a pet, smoking is a no no, being on benefits, kids under a certain age.

 

More and more people are losing their homes, and then find rentals do not allow them to be a normal family any more.:sad:

 

Lilly

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No DSS generally means no benefits so would include ESA however even people who state no DSS will discuss with you your situation. If they meet you and speak to you they may well make allowances, they have for me. Once they wanted a guarantor which I provided, but twice they took me on after talking so I wouldn't take a no DSS as written in stone. They just want to be able to say No if they don't feel they can trust you. Once you are in the first property and you pay your rent and look after the property then you will gain a good landlord reference which will be taken into account when you next rent.

 

I know several landlords and they say no pets, cats are possibly the worst as if not adequately treated with preventative treatment get fleas and then when the cats leave the property the fleas bite the humans who move in as there are no cats to eat off. Then the residents demand expensive whole property treatment plus compensation.

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means no department of social security aka benefits.

 

5 years back my experience was 99% of landlords advertised no DSS it was practically impossible to find one that accepted.

 

now with the economic situation it seems a few more accept but its still very hard to find one.

 

I Was working when I got my current landlord, my circumstances changed afterwards. He still thinks I work now.

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Hi

 

I have my medical on Monday (scared) but decided I can only tell the truth, and then wait. Expect to fail - will then appeal.

 

I am receiving counselling for my illness and they have suggested I turn my art work into some of activity (but I am worried that selling any thing will get my money stopped)

It is one thing my counsellor telling me that, but I know the DWP will view it different.

So I feel really torn and trapped, and this is making my illness worse.

I cannot afford to lose my money and the help I get with my mortgage and yet I do know putting my mind to some form of work might be beneficial.

 

Has anyone come across this hurdle.

 

I hardly go out so would only be making them at home and then trying to sell a few, no profits just getting some material costs back.

 

Lilly

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You are allowed to do permitted work, but you will need to check with the DWP look here http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171909

I would have thought that as you have been advised to take up an activity as therapy recouping the costs of the activity would not be classed as employment as such, but I'm not an expert, no doubt others with more knowledge of this will chime in.

 

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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Lilly, I can really relate to what you are saying here. too have skills I could use to perhaps work from home or use in a volunteering situation once my health has improved but I really don't know how it works.

 

I am currently being assesed for ESA and like you I expect I will fail the medical and have to appeal. In my case I know from experiance that no employer is willing to take on someone like me with a varying health condition who would need to take time off weekly, it's just never going to happen especially in times like these. If I get put into WRAG I could perhaps if my condition improves and I am able to build up to self employment though permitted work then I would most likely be able to come off of benefits and work around my health condition. A lot of ifs I know but it's still a plan!

 

However if I fail and need to appeal I don't know where I stand. Can you still do premitted work while being assessed? If you do will that go against you when it comes to your appeal?

 

What you are suggesting sounds fine to me, but what with the whole Sun newspaper "Beat the Cheat" fever at the moment it is very difficult as you never know just who buys into that kind of thing. The best thing is just to keep your private business private as much as possible e.g. only my immediate family know I am claiming esa.

 

I think it is difficult and so few people you really can go to for help, in your case making your art sounds really important to you but art materials are expensive and to keep doing it you need to sell what you are making to reinvest in materials. The thing is while to me it sounds fine go ahead I don't know what the DWP would think, the only way you will know is if you get something in writing from them saying it's ok.

 

There was a case I read about recently about a girl who was signed off with depression who had been a glamour model. After about a year she started to do some part time exotic dancing again. She did fill out a form and send it off to the DWP but never go anything back she just assumed that she was ok to be earning what she was but she ended up getting done for benefit fraud, fined over £500 and made to pay back something like £10,000. I just don't think you can really take anything for granted.

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Zarbafi that is what worries me.

I fear that someone might say 'yes' that is allowed, and then weeks or months later your money is stopped whilst they investigate you - as common sense does not apply here does it.

Any break in the money I receive would finish me, as I have no friends or family to help - I totally live off the bit I get each week.

 

I am also worried that because you offer a few hours of your time for free to a charity or something, then they take this as being fit for work, which I am not at the moment - and like you, no one is going to employ me I am 55 not to mention my illness

 

All in all I feel trapped - I want to help myself but not sure the system allows this.

 

I have asked, but you do not get any clear answers every time you speak to someone they each tell you different.

 

Lilly

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Hi Lilly.

 

I did voluntary work as recommended by my psychiatrist, as part of my rehabilitation. I asked the DWP first and I didn't have any problems at all.

 

I had a couple of nice 'jobs' locally, which I found through a disability adviser from the DWP [can't remember the title] and the local Volunteer Bureau who were quite careful about matching me with the right sort of thing.

 

You might find it helps your confidence a bit. Volunteers aren't pressured and the things I did were interesting.

 

HB x

Illegitimi non carborundum

 

 

 

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Thanks HB

 

At the moment I am afraid for all reasons.

Got my ESA medical on Monday (expecting to fail) will then appeal - so until then I have no idea how they will view me.

I am terrified (as is everyone I know) of being put back on JSA.

I can take meeting people and talking but only in short bursts, I get very tired and panic (the session with my councillor mentally and physically drains me) .

 

Just had a friend aged 57 with type 2 diabetes, Rhum Arthritis (hands deformed) lung impairment due to the RA get NO points on their medical.

So all in all I have no trust in anything.

 

Lilly.

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As has been advised, Lily, look into the permitted work scheme. This allows (iirc) a person on ESA to earn up to £90pw for a maximum 16hr week on top of benefits. Whilst HB and CTB shouldn't be affected it is always worth talking to them first. the scheme runs for a maximum of 1 year ...

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As has been advised, Lily, look into the permitted work scheme. This allows (iirc) a person on ESA to earn up to £90pw for a maximum 16hr week on top of benefits. Whilst HB and CTB shouldn't be affected it is always worth talking to them first. the scheme runs for a maximum of 1 year ...

 

Do you still get help with your mortgage.

Thanks for this - it could be a huge help money and health wise.

I will pop in and see someone on Monday.

 

Lilly

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Got my medical on Mon and I am worried sick.

I have no one to go with me

Got to get up at 6.30 to catch the bus 7.30 (they are every two hours) for my 9.15 medical

takes about 45 mins on the bus.

I will be terrified as well as shattered and I get clumsy when like this - up several flights of stairs and wait for the dreaded.

 

I am off with depression so know I stand no chance.

 

After do I wait until I hear - but keep sending in sick notes then again whilst I appeal.

 

Got massive heart palpitations just thinking about it.

 

Lilly

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It is quite likely you will fail with zero points as many other people do but just simply appeal. The decision makers a

might ignore a lot of ATOS's "report". Try not to worry :)

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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Talk about a catch 22 situation. :(

 

If you don't turn up for medical then they stop your benefits,

if you do turn up, they will use that against you.

 

The mere fact that you showed up for the medical can't be used against you.

 

It is true, though, that everything you do from the moment you arrive at the ATOS medical centre can and will be observed.

 

To Lilly_Monroe: keep sending medical certificates until you hear the result of your medical and, if you intend to appeal, keep sending them after that as well.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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

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Thank you Antone.

 

When I get to the medical centre I have two choices climb up 26 flights of stairs or the lift (which I hate).

The fact I have climbed those stairs will go against me I know, but the lift well I just could not do it.

I can only give them answers to what they ask I know it will not be enough to win, so hope I get to appeal.

If they ask me if I can lift a box down (well yes I can) they will know I can walk - got there, and climbed the stairs.

What they cannot see is inside my mind and how I live (or do not live) the almost recluse, neither can they ever understand what Mondays medical will do to me mentally.

 

I can only be honest, and I know that does not get you anywhere today.

 

Lilly

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