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    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
    • UK transport secretary aims for a new air traveller testing regime, but BA boss is sceptical. View the full article
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Becoming a full time carer - benefits


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I need a wee bit of advice.

 

I went down from full time hours to part time hours and now need to look at becoming a full time carer to my mother who has vascular dementia.

 

I moved in permamently with her two years ago and rented the house out, The rental income I get covers the mortgage, insurance and gas contract, and that is it,

 

My mum gets attendance allowance.

 

I keep running into obstacles to try and get to the bottom of what i would be entitled to. Jobcentreplus are unsure as to really what happens when someone has a house they rent out, They mention IS and contribution ESA but i cannot take the plunge without knowing for sure. I am not sure where to turn to fin out.

 

Any help really appreciated

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You can claim carers allowance as long as no-one else is claiming for her. You may get IS on top. But I don't know the rules with that and you renting out your house.

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Contribution based ESA© would not be affected by the fact that you have a property that is not your primary residence, nor would any rental income be considered. You can claim ESA© if you yourself have a health condition or illness that means you cannot work, or that your ability to work is limited. You can't claim ESA simply because you are a carer. ESA© is based on NI you have paid in the last few tax years - broadly, if you have earned at least £100 per week in the three tax years ending 2011/12 then you would have a chance of qualifying.

 

As Nystagmite said, you can claim Carers Allowance provided no-one else already claims this for her. It's about £60 per week, and you can also earn up to about £100 per week and still be entitled.

 

Income Support is payable to carers, but your rented home makes this a bit problematic. As you don't live there, the value of it will be classed as capital and could affect your entitlement. If it's worth more than £16,000, as it probably is, it could mean you would not be entitled to IS.

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Hi ANtone

 

Thanks for this. No one else gets carers allowance for mum. I take it carer's allowance will not be affected by the property.

 

Is there a set condition to claim for carers allowance, i.e what kind of proof do i need. Mum gets attendance allowance.

 

I have earned at least £100 each week , since the age of 18, but i think you say it is unlikely that i could apply simply for being a carer/

 

The equity in the house (value less mortgage) would be £60,000 approx. The rental income just covers mortgage, gas contact and insurance and that is it.

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Correct, Carers Allowance is not means tested and so your property will not be considered. As long as you earn less than the threshold amount (which is about £100 per week) would will be entitled to the full amount. Note that CA is not means tested as such - in other words it's not reduced by earnings. Either you earn less than the threshold, in which case you get the full amount, or you earn more, in which case you get nothing.

 

The face that your Mum gets AA is sufficient condition for you to claim Carers Allowance. There is more information here, including details of how to claim.

 

You could get CA simply because you are a carer, provided you currently earn less than the the upper CA limit which is about £100 per week. You probably couldn't get a top up of Income Support - although that can be paid to carers, I'd say your rented property rules that out.

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thanks.

 

So it would be a case of giving up work and on the day i cease employment, i then apply for caers allowance as i would then effectively be earning nothing?

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thanks.

 

So it would be a case of giving up work and on the day i cease employment, i then apply for caers allowance as i would then effectively be earning nothing?

 

Pretty much, yes. You can ask for CA to be backdated for up to three months, but you must have satisfied the conditions of entitlement for those three months. While you may have been caring for your mother for over 35 hours per week (and she's been in receipt of AA for that time), you might also have been earning too much.

 

If your employer is amenable, it would also be OK to reduce your hours but keep working, as long as you earn below the CA threshold.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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

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