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    • Ok thanks. I'll stop worrying about DCAs if thats the procedure. Thanks again for all your advice.
    • Loads of fake Capquest Email and Text scams going around at the moment. 
    • Breakdown cover Hi, I presume like many that when it was decided to go with then 'A shadegreener' that I would receive a 24hr call out, just like British Gas! No more worries, they would deal with any issues. This is far, far from the truth.My boiler locked out, I reset it, it locked out again & again. So I phoned ASG Ltd on Saturday, then twice on Sunday, then twice again today. My boiler has been out of service since Saturday, with the F4, flame fail fault, which Weissman don't recommend resetting to many times. Despite calling and leaving messages on their answer service no one called me back. When challenged, guess what they, stated they have no record of my calls, this is despite me having a call log on my phone showing times of the calls and duration of said calls. So their lying, not the first time either. When I call back this morning, they said they would speak to Weissman and get me an engineer out,urgently ,bearing in mind I'm a Cancer patient and I've had no heating or hot water since Saturday! You might know, no call was received telling me when I would be getting a repair, so I rang ASG Ltd back and I was told that should ring Weissman... Just what am I paying a service contract for? So I called Weissman, they promised me a call back, never happened. I did however receive an Email saying I won't now get a call until tomorrow. I believe that the service being paid for isn't fit for purpose and has been missold. I had a British Gas service policy and it couldn't be faulted. 24hr, 365 day same day service and if no fault found, no charges were made, unlike ASG Ltd. Who expect the homeowner to be a heating engineer, diagnosing what wrong when a fault appears and if you get it wrong, your fined £150 for the mistake. Absolutely unreasonable and unjustified. I would love to know your experience with the breakdowns and call-outs you've experienced. I'm considering taken legal action, because the service being paid for isn't fit for purpose and missold as I have previously stated. The more ammunition I have, will make the legal action more formidable. I look forward to hearing from you.
    • It could also a recycled number issue, how long have you had that number?  If recently the number could have belonged to someone else who owed money sometime in the past and it was their contact number.  Was given a new work phone once, and the first call I had  on itwas from Rossendales bailiffs after someone for  Council tax debt.
    • I think they are trying to persuade the judge there have been a number of supreme court decisions which override a lot of the regulations we rely on here, they even say I rely on "out-dated legislation".   Their next main approach is to say the claim is statute barred and that I need to prove that I didn't know about this 6 years ago. My argument is that I couldn't have known since they concealed the statements from me until November 2020. After a GDPR request in 2018 they claimed for 2 years that they didn't have the statements over and over again. They finally produced them when I went to the courts. It was only at this stage that I saw I had the charges on the accounts. Since they repeatedly didn't give me the statements I would propose Kleinworth Benson is reinforced, as they may have tried to conceal the charges.
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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
      • 33 replies

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i had my tribunal yesterday, i will admit i was unprepaired. i had no idea what i was doing and was expecting them to write to me to ask for information before. i had just 2 weeks from the letter til the tribunal. i took my carer and my grandmother with me. it took 45 mins and i ended up crying. i have had my condition since i was 11 years old and have been told i will not improve. i ended up crying like a moron when the dr asked me why i had children when i have a disabiltiy, i said because i always wanted children and i didnt feel that my right to be a parent should be taken from me because of something i cant control. he said he agreed. they asked me everything in the worl, the esa medical was a complete lie! the woman had stated i could self propel a wheelchair for 800 meters, not true, she asked me if i have a wheel chair (i use crutches most of the time) i said yes she asked if it was manual which i said yes, i do not however push my self, i have a carer, but she did not ask and just made it up. she'd put i bent down and touched my toes in the medical, again not true, i couldnt do it even if i wanted to, but she didnt even ask me to. my carer explained about my medication (i take morphine) then my grandma said a little about how it has dominated my whole life. they said that was all and they would write to me, im now terrified ive lost, ive searched a little and from what i can see all but one person who was told they would write to them lost. is that how it works? i spend up to 4 days a week stuck in bed and am in agony 24/7, theres no way i can work. :(

:rolleyes::confused::rolleyes::confused:
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Hello there.

 

Well done for going through with it, I know how tough it is going to your hearing.

 

From what you say, it would be very unfair if you don't get benefit. I can't make the wait any easier for you and don't really know why some people hear on the day whilst others get a letter later.

 

Whatever happens, please come back and tell us and we'll try to help.

 

HB x

Illegitimi non carborundum

 

 

 

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thank you, i felt sick going in, i answered everything they asked me and i know that i cant work but im still so worried. the clerk said that we would be asked to wait outside and then go back in but they just told us to go. i will take it further though as i have no other option. x

:rolleyes::confused::rolleyes::confused:
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i have lost, i knew it, i have no idea what to do now, i physically can not work, i spend up to 4 days a week confined to bed which i told them, i take morphine daily. who will employ me? they didnt even put me on the work thing so i could get help. just told to claim jsa but told by jsa i cant because i cant work. so its catch 22. how does it work for the next stage of appeal? i was not fully informed of what was expected from me at the tribunal and i was only asked to send in further info 2 weeks before the tribunal, my gp was away on leave and i couldnt get any thing from him, i have a carer every day and i have just had a ground floor bathroom and bedroom built in my house. its crazy. i dont know what im going to do, im going out of my mind. ive started having panic attacts now. i was incap for 11 years and had a medical every year with no issues, its a condition ive had since childhood and i had a letter from my last consultant appointment saying i wont get better and he doesnt need to see me again as he cant help.

:rolleyes::confused::rolleyes::confused:
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You can only appeal a Tribunal result on a point of law. As I understand it, not the easiest thing in the world. However, if you're not able to work and that is supported by your GP, then you can reapply for ESA and go around the roundabout again. Provided that either a) it is six months or more since you were originally turned down for ESA or b) your condition has worsened. Your GP will, obviously, have to supply (un)fit notes again etc. If you are unable to either work or fulfill a JSA contract then ESA is the only option available. To try and claim JSA when you are unable to do so may be injurious to your health. Only you and your GP can determine this...

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  • 2 weeks later...
i had my tribunal yesterday, i will admit i was unprepaired. i had no idea what i was doing and was expecting them to write to me to ask for information before. i had just 2 weeks from the letter til the tribunal. i took my carer and my grandmother with me. it took 45 mins and i ended up crying. i have had my condition since i was 11 years old and have been told i will not improve. i ended up crying like a moron when the dr asked me why i had children when i have a disabiltiy, i said because i always wanted children and i didnt feel that my right to be a parent should be taken from me because of something i cant control. he said he agreed. they asked me everything in the worl, the esa medical was a complete lie! the woman had stated i could self propel a wheelchair for 800 meters, not true, she asked me if i have a wheel chair (i use crutches most of the time) i said yes she asked if it was manual which i said yes, i do not however push my self, i have a carer, but she did not ask and just made it up. she'd put i bent down and touched my toes in the medical, again not true, i couldnt do it even if i wanted to, but she didnt even ask me to. my carer explained about my medication (i take morphine) then my grandma said a little about how it has dominated my whole life. they said that was all and they would write to me, im now terrified ive lost, ive searched a little and from what i can see all but one person who was told they would write to them lost. is that how it works? i spend up to 4 days a week stuck in bed and am in agony 24/7, theres no way i can work. :(

 

From what you say about your symptoms would I be right in saying that you receive DLA ?

If not you really need to claim.

As for failing the ESA Tribunal, you should now put in a new claim for ESA. Unfortunately you will not receive any back payments on what has passed but it will count from the day you file the new claim.

You can Appeal to the Upper Tier Tribunal within 1 month of failing the First Tier Tribunal (If you do this make sure you get all your evidence and proof together before you go and make sure you have an Advocate). If you are not happy with the findings of the Upper Tier Tribunal then your final option is to take your case to the Court Of Appeal.

For any more info try the Disability Law Service (dls.org.uk).

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