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    • That's great news...glad you got it all sorted...
    • Thanks dx  This is the only one which is paid by standing order from an old account I use for a few bills so forgot all about it.  I don't think BC ever did default it but know that know link can't add the default now after all these years.  I would have cca'd BC along with all the others in 2003 so they must have sent something.  I've just checked with my bank and they haven't refunded me  so must have been passing it on.....which is a shame.  I'll cca link.  Can you still tape a pound coin on to the letter or does it need to be a postal order?   (Old username would have been something like tartanbarty or similar)    
    • By and large this was predicted in my previous post. I completely agree with you that you shouldn't be required to have read the manual before you enter the contract. I think your position is broadly that which I suggested in my earlier post and your next action is to send a letter of claim – but this assumes that you understand the steps involved in bringing a small claim in the County Court and you are prepared to go ahead. There is no point bluffing. It won't get you anywhere. I think that you should rely on their so called treadmills buying guide https://www.sweatband.com/treadmills.html and if I were you I'd make sure that you take a copy of the page in case someone decides to get a bit fancy with it. I would also take a copy of their specific Q&A's in relation to that particular treadmill just in case somebody mysteriously tightens up the wording. At the moment the wording is really simply a general recommendation and nowhere does it specifically one you that by doing this you risk the machine and also it will invalidate your warranty and any statutory rights. I suggest also that you start going over the Internet and find anyone else with the same experience – I believe that you said that a number of people are stunned to find that their treadmills are breaking down. Start finding out if they have put them in the garage. If you want bring along to this forum we may be able to help them as well. You need to get as much evidence as possible that there are issues here and that the manufacturer and/or the retailer are not properly warning their customers. Prepare a draft letter of claim and post up here. However, make sure that you have read around and you understand the steps involved in taking a small claim in the County Court. It's not difficult but it will help you to understand the journey and it will give you confidence.  
    • Ok here goes for a first draft... .    Dear Will & John.   I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge, so as the Private Parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…      
    • I don't know the answer to that one. Should I do the portal thing or call Drydens?
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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
      • 31 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;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

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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Hi

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

 

Before you go, why not look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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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;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

: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.

 

Margaret.

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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