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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

What the Law says.

Galeforce81

By Galeforce81
in Benefits and HMRC

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Galeforce81

Galeforce81

Posted
Posted (edited)

My friend is getting CB ESA and is in the SG.

 

The other day she got a letter from housing benefit.

 

It says Income you told us about £108.05.

 

How much the law says you need to live on:

For you £71

Because you are sick or disabled £14.80

Because you receive ESA support component £34.05

TOTAL £119.85

 

She doesn't get the £14.80 in CB ESA and the extra little bit is because she got that amount in IB, so i was wondering if she could apply for IR ESA to get the shortfall of £11.80.

 

Sorry if this post is a bit confusing.

Edited by Galeforce81
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Galeforce81

Galeforce81

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She put that she didn't have any.(she's never had any). I always thought it strange that those on IR ESA like me who have never worked, should get more than those on CB ESA that have, especially with all the extras that are included in IR ESA.

 

She's got an appointment with her support worker on Wednesday, so i'll try and convince her to give them a ring then. (she doesn't have a phone but her SW lets her use theirs).

Only problem is she's worried that any contact she has with DWP will result in her being on their radar and she'll get renewed sooner. She had to win a tribunal to get what she's getting and the thought of it is stressing her out a bit.

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id6052

id6052

Posted
Posted

from the information you have supplied, I can't see any reason why she would not be entitled to top up, definitely worth asking about claiming ESA(ir)

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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Galeforce81

Galeforce81

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Posted (edited)

Thanks. I wonder how many others dont realise they may be entitled to this, from what i've read on this and another forum, i would imagine its quite a few.

 

Do you think she would be more likely to get reassessed though? Thats what she's most worried about, bringing attention to herself. Personally i think she would rather not have the money, for now, but if she manages to get put back into the support group when she eventually gets reassessed, she would apply for it (or UC) then.

 

I don't blame her as im doing something similar with my DLA as im sure i should be entitled to MRC & HRM instead of LRC & HRM but i'd rather not rock the boat, what with PIP coming in. I'd rather have less money till 2015 than possibly no money now. (Even though im feeling more and more confidant about PIP)

 

Also, a bit of a stretch, but i don't suppose she'd be able to get it backdated?

Edited by Galeforce81
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