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    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
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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

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


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If we have anything to say about of illustrious representatives, use parliamentary language like i do

 

Just do not be overt in your response

 

When a Conservative candidate knocks on my door, i just give them one response

 

Arkell v. Pressdram (1971)

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If we have anything to say about of illustrious representatives, use parliamentary language like i do

 

Just do not be overt in your response

 

When a Conservative candidate knocks on my door, i just give them one response

 

Arkell v. Pressdram (1971)

 

I like Arkell vs Pressdram (1971). It is a useful precedent.

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

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Yeah. Look, he won't be invited for supper in my house either, but we have to maintain some basic standards here.

 

ok i'll keep it tonned down in future, is there any way IDS will get kicked out the goverment?

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ok i'll keep it tonned down in future, is there any way IDS will get kicked out the goverment?

 

Seriously, I don't think so - not right now. He's too closely associated with the welfare reform policies. Disastrous as those have been, the Tories have expended huge amount of political capital in championing these changes, and they can't back off now - that would be to admit that they've been wrong for the last three years. Getting rid of IDS would have the same problem: he's their benefits guy and they can't sack him without acknowledging their failures.

 

So I fear we're stuck with him until 2015 at least. Then...who knows?

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Seriously, I don't think so - not right now. He's too closely associated with the welfare reform policies. Disastrous as those have been, the Tories have expended huge amount of political capital in championing these changes, and they can't back off now - that would be to admit that they've been wrong for the last three years. Getting rid of IDS would have the same problem: he's their benefits guy and they can't sack him without acknowledging their failures.

 

So I fear we're stuck with him until 2015 at least. Then...who knows?

 

oh great :( i don't know why david cameron wanted a failed leader in the goverment for..i mean the guy look like he's about 75 and he is hated by everyone including cameron himself.

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oh great :( i don't know why david cameron wanted a failed leader in the goverment for..i mean the guy look like he's about 75 and he is hated by everyone including cameron himself.

 

Benefits is a "pet" issue for IDS - that's why he got the DWP job. Plus, you need to include some of your political enemies in your cabinet, so perhaps that's what Cameron was thinking. And frankly, if you want to do a potentially unpopular hatchet job on the welfare system, why not get someone you don't like to wield the axe? It's a win-win: if the policy works, Cameron gets applauded for his vision in appointing IDS. If the policy fails, well, it was all the fault of that IDS bloke, nuffin to do wiv me, I didn't see anyfing.

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

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Benefits is a "pet" issue for IDS - that's why he got the DWP job. Plus, you need to include some of your political enemies in your cabinet, so perhaps that's what Cameron was thinking. And frankly, if you want to do a potentially unpopular hatchet job on the welfare system, why not get someone you don't like to wield the axe? It's a win-win: if the policy works, Cameron gets applauded for his vision in appointing IDS. If the policy fails, well, it was all the fault of that IDS bloke, nuffin to do wiv me, I didn't see anyfing.

 

sounds logical actually.

 

i got to go into the sub provider and do job search, they can't force me to use UJM to do the search can they?

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sounds logical actually.

 

i got to go into the sub provider and do job search, they can't force me to use UJM to do the search can they?

 

No, they can't force you to use UJM. You can use any sites you wish to do your jobsearch.

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

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No, they can't force you to use UJM. You can use any sites you wish to do your jobsearch.

 

 

thats good but using their computers you'll be lucky to be able to job search on any site as they are so slow :(

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thats good but using their computers you'll be lucky to be able to job search on any site as they are so slow :(

 

Ach, nothing the WP provider offers you is likely to be of any use, and that includes their crappy computers. All you can do is be philosophical - grin and bear it where you must, and stand up for your rights where you can.

 

This too shall pass.

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Ach, nothing the WP provider offers you is likely to be of any use, and that includes their crappy computers. All you can do is be philosophical - grin and bear it where you must, and stand up for your rights where you can.

 

This too shall pass.

 

 

what i plan to do is do job search at home and when i go to the provider sit at the computer and pretend to look busy, then after about half an hour go to my advisor and say ive applied for all these :)

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what i plan to do is do job search at home and when i go to the provider sit at the computer and pretend to look busy, then after about half an hour go to my advisor and say ive applied for all these :)

 

Well, just don't get caught. Otherwise good luck.

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what i plan to do is do job search at home and when i go to the provider sit at the computer and pretend to look busy, then after about half an hour go to my advisor and say ive applied for all these :)

 

Ah you do that as well, eh! :) I found that after I'd written down 10 jobs my useless adviser merely glanced at the form to see I'd written something so I always took care to leave out any dates...then I could show them the same form next time I was dragged in. If they can't be bothered to read anything, then I can't be bothered to write anything. Fair's fair.

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Ah you do that as well, eh! :) I found that after I'd written down 10 jobs my useless adviser merely glanced at the form to see I'd written something so I always took care to leave out any dates...then I could show them the same form next time I was dragged in. If they can't be bothered to read anything, then I can't be bothered to write anything. Fair's fair.

 

so true, if they want people to do job search in their centre then they should get faster more modern computers. they keep saying sorry for the computers yet they never do anything about them, its most annoying listening to them keep apologizing all the time..they sound so lame and pathetic xD

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I know you worry about things. It's understandable - the rules are complex and it's hard to know what any adviser means and what rules they're applying. Still, I recommend that you focus on finding work and, where necessary, protecting your rights. You might get sanctioned, perhaps, but don't fret about it until you have a reason to think it might actually happen.

 

If a DWP staffer wants to sanction you they'll have to tell you about it. In the meantime, look for work when you can and stop fretting about sanctions. You'll be OK.

 

 

its just been going round in my head as to why the guy signing asked if i was sure an application was made and i think i replied no or not sure as i was confused at what he was saying :/ then he wrote something on my job search form and that has never happened before.

 

would he have told me there and then if i was going to be sanctioned as i haven't had any letter through the post?

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Go out and find at least one thing each day that makes you smile.

 

When you've got more money than sense, you're still not above the law: Lamborghini seized:rofl:

 

If you applied for a vacancy online, there is an implicit assumption that the application went through as soon as you clicked on the "send" button. So if you get asked the question again, reply "one would assume it was sent". As for a sanction, you probably would have heard by now if it was going to happen.

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No... you can't eat my brain just yet. I need it a little while longer.
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When you've got more money than sense, you're still not above the law: Lamborghini seized:rofl:

 

If you applied for a vacancy online, there is an implicit assumption that the application went through as soon as you clicked on the "send" button. So if you get asked the question again, reply "one would assume it was sent". As for a sanction, you probably would have heard by now if it was going to happen.

 

thanks, money went into my account today so it looks like i was worrying over nothing :)

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would he have told me there and then if i was going to be sanctioned as i haven't had any letter through the post?

 

The guy or gal at the Jobcentre can't simply decide to apply a sanction on a whim. If they feel such action may be applicable, they must refer it to the Decision Making and Appeals team, who will want to hear your side of things before they make a decision. You would be contacted before any sanction was applied.

 

As I and others have said, just do your best to look for work and stop worrying.

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

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The guy or gal at the Jobcentre can't simply decide to apply a sanction on a whim. If they feel such action may be applicable, they must refer it to the Decision Making and Appeals team, who will want to hear your side of things before they make a decision. You would be contacted before any sanction was applied.

 

As I and others have said, just do your best to look for work and stop worrying.

 

i have heard a member of the signing team say to someone once i'm going to have to refer it to DMA.

 

thanks i will try not to worry so much but its hard when you got anxiety :/

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am i on income based or contribution based JSA as i'm confused between the 2? :/

 

We can't say for sure. Contribution based JSA can be paid to those who have been working and paid NI contributions. It's payable for a maximum of 26 weeks. Income based JSA is paid to those who don't qualify for JSA© and is dependent on household income.

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

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We can't say for sure. Contribution based JSA can be paid to those who have been working and paid NI contributions. It's payable for a maximum of 26 weeks. Income based JSA is paid to those who don't qualify for JSA© and is dependent on household income.

 

 

well i live with my parents and i haven't worked for a while, i've been claiming for more than 26 weeks though.

 

 

the reason i need to know is its looking like i'm going to have to pay a visit to the dentist and only those on income jsa get free dental care.

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You're probably on JSA(IB) then. You can confirm this with the benefit centre that pays your claim, but I'd say 99% certain.

 

People on JSA© can, if they have a low income, use form HC1 to apply for help with dental costs, prescription charges and so on.

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

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