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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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Hello everyone, I'm new to this forum and not very confidant. I have just received a letter from Jobcentreplus dated the 5th. September which arrived on the 21st. of September and on the same day a separate letter from ATOS with an ESA50 form enclosed. Has this happened to anyone on this forum? I also tried to ring the Jobcentreplus on Saturday but they were closed. I wondered too if it was normal for them to want to call you back as they've said they don't have my telephone number? but if I am phoning them what difference does it make. Thanks.:???:

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I take it you are transfering from IB to ESA? If so, it is normal for the DWP to phone people on IB just to run through the process before hand, if they don't have your phone number then they will write and if no response in time then they send out the ESA50 form anyway. You can just complete the ESA50 form and return it (recorded, so you can prove it arrived and within the given time) and that's fine.

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: pin62:


Assuming you're currently in receipt of incapacity benefit, or income support cos you're incapable of work, the letter dated 5 September is your notification of reassessment for employment n support allowance. After the initial letter Jobcentreplus attempt to call the claimant, or ask the claimant to call them, to explain the process and answer any queries before (well that's the theory) referral to Atos for a work capability assessment.


Now you've received the ESA50 the reassessment process will continue whether or not you call Jobcentreplus. And you don't have to give your phone number on page 3 of the questionnaire if you don't want to. (About 10% of us don't.)


CAG has a guide to completing an ESA50 at;




And if you need it, there's a guide to the mental health part on Rethink's site, together with some tips about supportive evidence.


Best wishes, Margaret.

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  • 3 weeks later...

Hello all, I have received my ESA50 form, I have made an appointment with C.A.B. can anyone tell me what help they give having not been to them before. Thank you.

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As far as I am aware, they do a 'reasonable' job


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: pin62:


Not a lot unless unless you're very lucky. They simply don't have the resources to cope. And if I remember correctly, this ESA50 has to be returned in a few days.


Even if you feel you need professional help with the form, unless there's a good reason why not (eyesight, severe mental health problems) you need to start preparing your answers for pages 7 - 16. Citizens Advice don't know how far you can walk, how long you can sit for, whether you've problems with communication or can't get out of bed in the morning cos of depression. You do.


Using a separate sheet of A4 or a word doc for each activity you've problems with, try to write some sentences/paragraphs along the lines of;


Cos of severe arthritis I can't walk, or wheel a manual chair, to the bus stop. My husband has to drive me to doctors and hospital appointments.


Refer to any medical evidence you've already got and enclose copies with the ESA50. Don't be tempted to tick any boxes that don't exactly reflect your problems. Try not to tick 'it varies' which Atos tend to interpret as no problem.


If you need it, there's a guide to the mental health part, together with some tips about supportive evidence, on Rethink's site;




:panda: Best wishes, Margaret.

Edited by **Margaret**
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:Citizens Advice and ESA50s:


Whilst I'm sure that their advisers do the best job they can within very limited time slots, their expertise with employment n support allowance tends to be patchy to say the least. Yes, some of their larger centres have a specialist :estellyn:


But in other areas, including my own, a poorly completed ESA50 or tribunal submission sometimes does more harm than good. Were I to seek their help I'd have to wait at least six weeks for an appointment, which would be across the borough boundary. And likely squashed between a homeless family and an unfair dismissal from employment.



Edited by **Margaret**
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pin, both your threads have been merged into the one in order to keep all the information/advice in one place :)

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Hello everyone, We have managed to send off my ESA50 form today, went to C.A.B. yesterday the lady was really helpfull. I also received a letter asking why I hadn't sent my form back, I still had till next Tuesday the 22nd to send it back, I couldn't get an appointment till the 16th with C.A.B. do they send out these letters just to make you more anxious?.I would also like to thank all who replied to my questions its nice to know we are not alone in all this. Thanks again pin62.

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