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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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 all

 

 

 

I have been looking around your forums for some time, butnever posted.

 

 

 

This all started for me last march I was on incapacitybenefit and have been for 4 years due to back problems and knee problems, I gotthe form to fill in march.

 

Then Got called in for a medical, they tried to get me tocome in early with 30 minutes notice when I said I couldn’t get there in timethey reluctantly agreed I could keep original appointment.

 

 

 

The medical report was of information that quite frankly theyjust made up. And said I scored o points and should just use a wheel chair andwould be fine.

 

 

 

After my appeal, I called each month to check on thereconsideration, Each time it was done, it wasn’t done, I got the points Ididn’t get the points, letter had been sent out, no notes they didn’t know andwent round in circles with a different answer each time.

 

 

 

Finally February came and I still score 0 points and I amgoing to tribunal.

 

Tribunal was last week it was the most awful experience inmy life.

 

The Judge seemed nice enough but the doctor seemed like hecame from ATOS he grilled me on my walking over and over, made up this reallyodd scenarios.

 

Anyway even after all the grilling, the fact I said Icouldn’t repeatedly walk 50 meters, the letter from doctor, specialist phyisotherapy and Cab all said this too. But they put me down for 100 meters puttingme in the WRAG group. Meaning its all over for me as my partner works.

 

 

 

The judge was willing me to appeal I’m not sure if she wasbeing nice or its some kind of trick to take it all away from me.

 

 

 

Does anyone know if I can appeal the tribunal on the groundI believe the wrong amount of meters has been put down? What classes as a pointof law?

 

 

 

Thanks All

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:blondi82:

 

Sorry to hear that a tribunal panel gave you a hard time. You can't appeal the decision over a disagreement as to how far you can repeatedly mobilise.

 

Errors of law include:

 

Mis-interpretation of the law.

Not considering all the evidence.

Some procedural errors with the way a tribunal is conducted.

 

An appeal to the upper tribunal isn't a do it yourself job. Most appellants need help from a welfare rights advisor or a solicitor with experience of benefit issues. I'd ask for the statement of reasons, then find some professional advice if you still want to appeal further.

:spider:

 

Sincerely, Margaret.

Edited by **Margaret**
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When you look for legal advice make sure it is one fully trained in Welfare rights, that way you know for certain you are paying someone who knows what they are talking about. Not that I'm saying some solicitors are crap!! :)

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Hi. Firstly what you need to do is request a statement of reasons for the decision. If you've provided evidence that you can only consistently mobilise less than 50 metres, then it needs to be explained in the statement of reasons why they have chosen the 100 metres descriptor. If it isn't explained, or the explanation is not based on proper evidence or reasoning, then this would be an error of law that you could appealto an upper Tribunal. Get the statement of reasons, and then either get help from a welfare rights rep, or post the SOR (minus identifying info) and I'd be happy to take a look to see if you may have a case.

 

As Margaret says, you will need professional help if you do have a case for UT.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thanks for your responses, I have now sent a request for astatement of reasons.

The bit I just cant get my head round is with all the evidenceplus what I said to them all pointing at 50 meters, even the judge clarifiedthis and repeated it so I cant see how I could have been put down for 100meters, it all sounds so trivial but unfortunately for me it’s the differenceof being in the work related activity group or support group.

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Thanks for your responses, I have now sent a request for astatement of reasons.

The bit I just cant get my head round is with all the evidenceplus what I said to them all pointing at 50 meters, even the judge clarifiedthis and repeated it so I cant see how I could have been put down for 100meters, it all sounds so trivial but unfortunately for me it’s the differenceof being in the work related activity group or support group.

 

It will all come down to the dtatement of reasons. If they put a 'valid' justification for disregarding the evidence for some reason, then you probably won't be able to take things further, but if they can't justify the decision, or fail to justify it, then you may have a case.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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  • 2 months later...

Thanks for all your kind Replys, and I am sorry about all the missing spaces I was in such a state when I posted these.

 

How long have you all waited for your statement of reasons?

Mines been over ten weeks now, I contacted them and got told they were working on it, that was over two weeks ago.

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Thanks for all your kind Replys, and I am sorry about all the missing spaces I was in such a state when I posted these.

 

How long have you all waited for your statement of reasons?

Mines been over ten weeks now, I contacted them and got told they were working on it, that was over two weeks ago.

 

Normally takes about 2 to 3 months, but there is quite a backlog with more people asking, so just be patient.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thanks for the response, that's a very long time. They told me at the tribunal it would be around 6 weeks.

I am not sure what to do next my esa runs out in two weeks

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I would just send in another sick note until they get round to sending you what you asked for.

 

Does seem ridiculous when you are asking for a copy of a document that they should have had at the time of the Tribunal though. It is not a first stage reconsideration of decision....are they aware of that? Things can get muddled, especially these days.:|

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Thanks for the response, that's a very long time. They told me at the tribunal it would be around 6 weeks.

I am not sure what to do next my esa runs out in two weeks

 

clear.gifSadly, as long as you've chased up the Tribunal's Service, and they've confirmed it's in process, there is little you can do.

 

Appealling to UT, f you have a case, is not a quick process, and you need to resign yourself to that. I know it's not what you want to hear, and I really do sympathise.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I would just send in another sick note until they get round to sending you what you asked for.

 

Does seem ridiculous when you are asking for a copy of a document that they should have had at the time of the Tribunal though. It is not a first stage reconsideration of decision....are they aware of that? Things can get muddled, especially these days.:|

 

She doesn't need to send sick notes as she's been put in the WRAG group.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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