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    • Who actually carried the items? Was it Hermes? I understand that you declared that they were loudspeakers and that before you enter the contract you were told that they would be protected for loss only and so you took out an insurance to cover that risk – is this correct? I'm afraid that if that is correct then there is probably very little you can do. Was it provided to in writing that these would be protected for loss only?   
    • Hi Peter,   I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?  
    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi Lilly.

 

I can't remember if I suggested reading Leemack's sticky on the 'medical'. She tells you how to avoid yes/no answers that the computer seems to like. It's worth a read.

 

My best, HB

Illegitimi non carborundum

 

 

 

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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

 

Thanks HB

 

I printed it off, it is my bible:-)

 

Lilly

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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.

 

They will

 

One question they ask is

 

"How did you get here today"

 

At my "medical my GF took me to my medical , I explained this and said I never go out without someone with me.

 

Getting different buses could in their mind show you are mentally able to do tasks, and also physically able too.

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They will

 

One question they ask is

 

"How did you get here today"

 

At my "medical my GF took me to my medical , I explained this and said I never go out without someone with me.

 

Getting different buses could in their mind show you are mentally able to do tasks, and also physically able too.

 

I cannot help what they think...I either get the damn bus or I do not attend and get sanctioned.

I have no one at all to go with me - I have no one at all full stop who helps with anything - that is the truth of it all.

What they think and feel well I can do no more about that, than fly to the moon.

 

I am depressed not brain dead - though I accept the mere fact that I am breathing means I am fit to work in their eyes.

If I was mentally well I would not be taking medication as it does you no good in the long run - I am not taking it for fun.

 

This is only the 2nd time in 25 years plus that I have asked for help, if they deem me a scrounger then I cannot change that, other than try and fight for my rights.

 

I no more want to get on that bus and face them then eat s**t but they call the shots.

 

Lilly

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I was asked how i got there too i explained i got a lift there as i was not able to drive due to my problem which he agreed would be a problem still got 0 points for everything and im not able to use my hands at all

 

They will

 

One question they ask is

 

"How did you get here today"

 

At my "medical my GF took me to my medical , I explained this and said I never go out without someone with me.

 

 

 

Getting different buses could in their mind show you are mentally able to do tasks, and also physically able too.

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I had my ESA medical yesterday (after thinking it was Monday)!!

 

Anyway I saw a GP who was so nice I could not believe it.

 

He asked me some questions, (and I told the truth) no embellishments just in my own way, as I had on the form.

 

He told me I had filled the form in very well.

 

Said sorry for making me have to go through this - and then after about 10 mins told me he was writing to tell them to leave me where I was as I needed time.

 

After all the horror stories I have read on here I just wanted to give people some hope and belief.

 

Getting there on my own did not go against me (as some suggested on here) which really scared me) but I had NO choice, it was that or not go, and you cannot not go.

 

Yes the whole thing made me feel ill leading up to it - but I faced my demons and did it.

I expect I will be placed in the support group but that is fine with me - might even help me progress as I do not want to be ill for ever.

I will wait to hear from them and then take it from there.

Just hope that is what comes through on the paper work.

 

Thanks to all those who gave me help and advice.

 

Lilly

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Im so glad it turned out well for you :D

 

Thank You - I was just so surprised I really was.

It is hard when you have to fight everything on your own, hard enough when well, let alone ill.

Hope it gives other people some hope.

 

Lilly

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Hi Lilly, thats really good news and I hope that you receive it in writing soon.

 

Hi Kelcou, I have seen you on this forum over the last 2 years and its unbelievable that you are still on the assessment phase. I really hope that you will have a happy outcome very soon as you have always been so supportive of everyone on this site. What stage are you at now if you dont mind me asking?

 

Kind regards, JB

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Do they sometimes tell you - you have passed, and then you don't.

 

Lilly

 

Lilly when I came out of my medical I felt that the HCP had been really sympathetic and I felt like I had passed then I felt like I had second guessed myself and that perhaps they had just been nice to draw more information out of me. However that wasn't the case at all it turns out that their report to the dwp must have been very much in my favour as I was placed in the support group when I was expecting to go into the wrag at best or more likely to appeal.

 

Ultimately you cannot tell before you get your letter or call from the DWP and ultimately it is up to them. I have heard and read so many bad stories about people being misrepresented by atos that it is difficult not to believe them but on the other hand it is important to remember that few people come on to tell you when they are successful so you only hear the bad news a lot of the time.

 

Basically I would not make any assumptions until you get notification from the DWP but if your ATOS HCP has said he will advise that you should stay on ESA for now that is a pretty good indication you will stay on ESA. I think they will make more use of more frequent reassessments from now on in though as I do think the government is determined to move away from having all but a tiny minority on long term disability benefits. If your on it they will expect you to improve I think I just don't want to see those who do need support lose it which is clearly happening at the moment.

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... Hi Kelcou, I have seen you on this forum over the last 2 years and its unbelievable that you are still on the assessment phase...

 

Isn't it? I was actually leafing through an old diary the other day and saw a note for what I am sure was my first ESA payment - 17th of November 2008. That means I am now into my 170th week at the assessment rate. Has to be a record! Granted, I'm into my third claim but each has run continually from the preceding one. That means I have saved the Government over £4,000 in much needed extra premiums. To be honest, I feel that I am now completely conditioned to wallowing in the muddy shallows of the assessment phase ... :|

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How long is it before you get your ESA medical results mine was two weeks ago.

Can you ring and ask them - or would that go against you.

 

Lilly

 

It took 8 days for my decision letter after medical im happy now no more stress for a while at least.

 

Read my thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?341676-Had-ATOS-Medical-On-The-7th-Feb%281-Viewing%29-nbsp

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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You can ring them and they can tell you the results over the phone, if your assessment was 2 weeks ago they will have them now.

If the assessment was not successful ask straight away for a copy and an appeal form to be sent to you.

Good Luck hope all goes well:)

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