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    • It is not a fine as for the supposed changes to date we,ve seen no instances of if it does actually change your position, nor that it did change anything north of the border   there is still no such thing as trespass in Scotland..   it will be interesting to see what their letter of claim will be too as the pre action protocol doesn't apply either
    • Hi.   You're in good hands with BF and Andy.   Is it these people?   http://www.decorium.co.uk/   HB
    • There has been no reply to the above question and so I am assuming that the claimant is prevented even from revealing that information. We have to respect their adherence to the agreement. However, nothing prevents me from speculating that the mediator would not have been allowed to impose a gagging agreement on either side and so I speculate that it is Hermes which wants to hide behind a gagging agreement and to prevent disclosure of how the negotiation went and how they were eventually obliged to pay the claim plus costs. Of course if Hermes really want to play this game of trying to gag people – then fair enough – but what it means is that people might decide to resist the gag from Hermes and instead insist on going to the County Court for hearing. Hermes will not be entitled to gag people when there is a County Court judgement against them. When there is eventually a County Court judgement against Hermes which discredits their prohibited items list for last items and discredits their so-called insurance scheme and also discredits their attempts to hide behind a contract with Packlink – when these things eventually happen then Hermes and the rest of the courier industry will be exposed. Then there will be a tsunami of claims and also I hope there will be a tsunami of back claims from people who have been unfairly/unlawfully deprived of their proper compensation because of the unfair treatment by Hermes and the other players in the industry.
    • You need to reply to the Letter Before Claim.  How about -     Dear CEL,   cheers for your Letter Before Claim.  My local supermarket has completely run out of toilet paper in these dark days of lockdown and panic buying, so it was very kind of you to give me a hand.   Now you know and I know and now you know that I know that your app is useless and your case is total pants.  You also scored a big own goal when you tried to sneak in £82 Unicorn Food Tax.  Remember DDJ Harvey's judgement at Lewes on 24 April?  Not very happy with these made up amounts, was he?   You can either drop this foolishness now or get a good hiding in court.  Up to you.  I quite fancy a well overdue holiday once all this COVID stuff is over and your financing it after an unreasonable costs order under CPR 27.14(2)(g) would do nicely.     See if the other regulars want to tweak the letter this evening, then send it off tomorrow with a free Certificate of Posting from the post office.   Well done on all the detective work you've done in sussing out you could only pay by phone which doesn't work, if they are stupid enough to take you to court further down the line you have all the evidence to smash them.   I don't really see the need to send a SAR in this case, the evidence is all pretty clear, you tried to pay by app and it was rubbish.
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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

invited same day to job interview, couldnt attend - will i get sanctioned?


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thanks i'll try not to worry, so if i don't receive a letter from the DMA team by next friday then no referal has been made? also once you've signed on that means the money your due to get the folowing week or later the same week depending on what day you sign won't be affected?

 

None of that can be safely assumed. The key points are:

 

  • You can't be sanctioned under these circumstances without first being given a chance to tell your side of the story; and
  • Any sanction, if applied, could in theory take effect from the first benefit week following the issue that gave rise to the sanction; and
  • A sanction, if applied, can only affect future payments

The date the referral is made to DMA is not really significant, except in relation to the last point - they can't at any point say "We paid you this money, now we want it back!"

So, I would assume you will receive payments as normal until you receive contact from DMA (and of course, you might be fine).

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None of that can be safely assumed. The key points are:

 

  • You can't be sanctioned under these circumstances without first being given a chance to tell your side of the story; and
  • Any sanction, if applied, could in theory take effect from the first benefit week following the issue that gave rise to the sanction; and
  • A sanction, if applied, can only affect future payments

The date the referral is made to DMA is not really significant, except in relation to the last point - they can't at any point say "We paid you this money, now we want it back!"

So, I would assume you will receive payments as normal until you receive contact from DMA (and of course, you might be fine).

 

hopefully everything will be ok, i guess i'll just have to play the waiting game.

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if i do get sanctioned will i be able to claim hardship allowance?

 

Yes, you should be able to do that.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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That makes no difference - you can still claim.

 

i'll do that if i get sanctioned, still not heard anything from the DMA team.

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the interview has been re booked, the company and sub provider have both contacted me..even though i'm nervous as hell i'm going to attend :)

 

does this mean a DMA referal won't be made now?

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Only the work programme provider can answer that.

A referral can be made the same day the doubt arose or they may need to wait until they physically see you to ask you questions directly before making the referral.

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Only the work programme provider can answer that.

A referral can be made the same day the doubt arose or they may need to wait until they physically see you to ask you questions directly before making the referral.

 

 

well the sub provider called today, i wasn't here but as i recieved a call from the company about the re booked interview i'm guessing it was about that. i'm going to call them back in the morning to see what they want and hopefully they'll help me out with interview skills.

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i called the provider this morning and the person on the phone sounded surprised that i have an interview, does this mean it was just coincidental that they called me yesterday on the same day the employer called to arrange the interview or they are acting like they don't know? :/

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  • 2 weeks later...
well yesterday i applied for a job and they called me on the same day to invite me to an interview, unfortunately i couldn't attend as i had something planned which i told them..they said they were only holding interviews today and was i sure i couldn't attend.

 

then today when i went for my advisors appointment at one of ingeus sub providers and they asked me if i minded them sending my c/v off for the very same job, i replied by saying i had already applied and they said nothing more about it.

 

is it possible the sub provider knew about the events of the previous day or it was just a coincidence that they said about the same vancacy? also is it possible they'll find out that i couldn't attend the interview and if they do will i get sanctioned?

 

 

the employer said they will keep my details as they will be advertising further vacancies soon.

 

Why couldn't you attend the interview? surely what ever your other appointment was could of been changed.

If you told your advisor you had already applied for the job, then i doubt nothing more will be said about it, as they have told me about jobs before which i had already applied for etc..

 

If they find out you turned down an interview which is what you did, then it might be a different story.

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i've just been told that you are allowed to refuse 2 job offers/interviews from a sub provider before you get referred for a sanction, does anyone know if this is true?

 

No this is absolutely not true, i mean why would you refuse a job/interview if its a job you've applied for?

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No this is absolutely not true, i mean why would you refuse a job/interview if its a job you've applied for?

 

i didn't refuse an interview, the company i had the interview with said they would call me back the following week to give me another interview date as i wasn't well the first time they called, i refused the sub provider as i don't want them taking credit for things i have done myself

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can you get sanctioned if you miss calls from a provider or sub provider and don't call them back?

 

If they called you on a land line, you could have been out cold calling companies on the pretext of seeking employment or at the local library to use their computers. If it was a mobile phone, many places require phones to be turned off or on "silent ring". Did the provider leave a message requesting a call back ?

 

If so, it fails the Mandatory Activity Notice test as DWP guidance clearly states that a MAN must be issued in writing with the correct wording. Further more, returning a call, whilst good manners in most circles, would cost you money which the provider is unlikely to refund.

 

You may well have a valid reason for missing the call and you are under no obligation to return the call. The provider would be on very shaky grounds if they attempted to trigger a sanction.

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If they called you on a land line, you could have been out cold calling companies on the pretext of seeking employment or at the local library to use their computers. If it was a mobile phone, many places require phones to be turned off or on "silent ring". Did the provider leave a message requesting a call back ?

 

If so, it fails the Mandatory Activity Notice test as DWP guidance clearly states that a MAN must be issued in writing with the correct wording. Further more, returning a call, whilst good manners in most circles, would cost you money which the provider is unlikely to refund.

 

You may well have a valid reason for missing the call and you are under no obligation to return the call. The provider would be on very shaky grounds if they attempted to trigger a sanction.

 

on my mobile i can't listen to answer phone messeges anyway because the answer phone isn't set up, don't think they have but if they did i wouldn't be able to listen to it anyway.

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So at best, you have a missed call from an unknown number. I get a few of those myself, and I'm certainly not ringing back to ask "hey, why did you call me ?".

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So at best, you have a missed call from an unknown number. I get a few of those myself, and I'm certainly not ringing back to ask "hey, why did you call me ?".

 

i haven't got any minutes to call them back and i'm not running up a bill on the landline, if they want to speak to me they can do it at my next appointment with them :)

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so i tried to sign up to UJM but it said Goverment Gateway at the top of the screen :/

 

 

 

how the hell can you sign up a UJM account without the gateway one?

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I don't think you can.

 

As I understand this new "system", a gateway account is required to use the UJ site, and when (if?) UC goes live nationally, to sign up for Universal Credit. This way, the government can link the user to both and any other online service they decide to roll out.

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Although I said I'd registered with UJ without a Gateway Account, I think that perhaps the email address they ask for IS classed as your Gateway Account - I created a new blank email address naturally.

 

I remember the advisor asking for this email account name so she could check I'd registered. (she also promptly found out I hadn't allowed them access either :)

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the reason i ask is the sub provider i'm with wants me to register and i'm thinking of registering but not using UJM just to keep them happy.

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Just do what I do then..register, but always look for jobs without logging in. Find a few jobs that are handled externally by the likes of Reed, CV-Library, etc then apply via their own website. This shows you're using the site and if they ask to view your UJ stuff, tell them they can't (if the JC aren't allowed to view your account then the WP certainly aren't!)

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Just do what I do then..register, but always look for jobs without logging in. Find a few jobs that are handled externally by the likes of Reed, CV-Library, etc then apply via their own website. This shows you're using the site and if they ask to view your UJ stuff, tell them they can't (if the JC aren't allowed to view your account then the WP certainly aren't!)

 

thats what i already do, i find jobs that have email addresses and send my c/v that way..infact the interview i had a few weeks ago was for a postion i found on UJM.

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