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    • 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?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
    • Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago.    I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance.   Yes i have the name and address of the van driver.   There was still ice on the road yes.    I will carefully read through your bulletpoints and comment afterwards.     
    • Also, I understood somewhere that you had the name and address of the van driver. Is this not correct?   Also, at the time of the accident, would you say that there was ice and slush and the middle-of-the-road? Or is it simply in the side of the road between the parked cars? It was late in the day and we can imagine that the passage of traffic would have cleared any ice and snow. I notice one or two of your images seem to show tarmac with no ice or snow
    • Okay there's a number of things. First of all you say that there are apparently witnesses which the van driver is claiming – this is the first that we've heard of this. Are there any other details that you know of which you haven't disclosed to us yet? Secondly, you've apparently received instructions from AX not to contact the insurer. AX are not your friend. Thirdly, you are asking whether you should write to AX and give them information? – AX are not your friend. You ask how you can put these points forward – we will help you. However don't expect it to be easy or quick. I'm afraid that things have rather slipped out of your control and you will have to take back control with our help. Also, let me point out that not all of my site team colleagues necessarily agree with my assessment above – I expect that there will be some contributions and it will be helpful to see what comments and criticisms are made of my assessment above. I understood that the van was stopped but you are now saying that he failed to give way which now suggests that he was moving and continued moving even though you came within his sight. I understand that you've been given documents by your own insurer which apparently you've ignored. You say that AX told you not to respond – I don't really know why you are taking advice from AX. They are not your friend – and I can tell you also that your insurer is not particularly your friend either. You haven't commented on the bullet points that I've made. Do you agree that this is what happened? It's essential that you give us some feedback. Also, if you want to use stand any chance taking this forward, then you are going to have to engage in a bit more closely and respond to questions more quickly please.
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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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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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