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    • not due till tuesday by 4pm. await its checking 1st please as i see thats not 100% right    but not you do not counterclaim. simply copy and past the text from here into the box after hitting enter defence.   slowdown... no rush    
    • I was going through the defence briefly and saw option for counterclaim. Do I counterclaim? What do i need to pay attention to while filing a defence?   Thank you.
    • no dates in that poc at all? jacamo is their Male clothing catalogue or was... what is the last payment date and the defaulted date from her credit file please
    • When someone claims UC they are asked about claiming Council Tax benefit, but at the time they started the claim it might not be relevant or they may not bother to indicate whether they are claiming it or intend to claim it.  Therefore UC does not send any data to the Council.   It is up to the Council whether they want to claim Council Tax arrears from benefits.  But before the Council can do so, they will have exhausted other options.  @Man in the middlehas provided a much better and comprehensive post on the process the Council will go through.   The advice for Walshy is communicate with the Council, ensuring that they have all available information on financial ability to pay, as well as health vulverabilities.  If the Council have been provided with this information and have failed to respond, then enter into the Councils complaints process. 
    • Again, many thanks. I am learning all the time.  
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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

Another Tribunal Success Story


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I've been helping my flatmate with her claim for ESA for 18 months now. When we both moved house, the JCP investigated us and found that we were living as a couple [ consumeractiongroup.co.uk/forum/showthread.php?324511-ESA-Suspended-(-quot-Living-with-Partner-quot-)&p=3598108#post3598108 ]. After several months of frankly talking to a brick wall, we finally got our local CAB involved. The CAB themselves said actually everything we'd done was good, and just gathered up a few more statements and forwarded them on. Within a couple of months, the JCP had reversed the decision - hurray...

 

...except in the meantime, my flatmate (the claimant) had attended a medical assessment, which she failed with a score of 6 points (she had previously attended an assessment and passed), so she was back on the appeal route. Oh well, at least she was now able to claim the assessment rate and be able to live to some extent.

 

The CAB helped enormously again, getting the Doctor to write a letter - a note about this, the Practice Manager kept 'bouncing' the requests (on CAB headed paper) with a counter-request for £50. The claimant made an appointment with the Doctor herself who was not happy about the situation, and wrote the letter - apparently it's a common problem and the CAB will pay out if there's no option, but as a rule of thumb if this happens to you then go and see your doctor yourself, they tend to be more sympathetic.

 

This was submitted with a request for redetermination - which resulted in the JCP adding 3 points for a total of 9 (all on the "Getting About" descriptor). Still not enough. Finally got a date, exactly around the time the Tribunal suggested she'd get an appointment. Two weeks to the day before Christmas.

 

Another letter was written by the claimant's CBT therapist.

 

The date came. [ youtube.com/watch?v=tbWXG6Ho4i8 ] This video really helped us both prepare. Entering the court was far from ideal - full body scanners, and the "waiting area" in Sheffield is essentially a cellar - "if you plead guilty" posters everywhere - not settling. If this is how things are going to continue, more appropriate facilities need to be sought.

 

The Judge was an absolute credit to the British Justice system; friendly, taking her time to explain everything. The Doctor too was really good. The questions themselves were not that different to those asked at the Medical Assesment, but obviously a lot more professionally, and the doctor and judge both encouraged as much detail as possible (where the Atos monkeys obviously just assume whatever they like). I had a chance to put forward my comments - which I used to clarify some of the examples bought up through the cross examination from my perspective, along with a couple of things I felt had been left untouched. Again, the Judge was clearly keen to ascertain as many specific examples as I could give.

 

Sent outside, longest 5 minute wait ever, back in - "we've upheld your appeal". YES!

 

From 6 points initially, to 9 points at reconsideration to 30 points at Tribunal! They've also recommended to the JobCentre that they wait the maximum period of 2 years before reassessing. Can anybody confirm if that's from today or from the previous assessment?

 

From my perspective - something has to be done about the Medical Assessment - it's wasting valuable resources at the CAB, with (real!) medical professionals and the courts. It's really not on.

 

Just glad to have finally got to this stage, what a relief. Wanted to thank everybody who's posted their stories here and elsewhere before - really got my friend and I through the hardest of times. Fantastic resource - viva la web!

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