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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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JSA Review and Gambling winnings/bank statements


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Hi all I've just joined as a little paranoid and would appreciate some help or advice please.

 

 

From the start I lost my job nearly 2 years ago and moved back home with my mum.

At that time I had £0 to my name and started claiming JSA, not long after that I started to gamble and have won several thousand pounds over this period.

my money has been accumulating slowly due to me living at home and living cheaply.

 

 

yesterday I got a call for a JSA review and drilled about everything I have or may have. I was honest 100% of it except I told them I had a £2300 balance when actually my bank balance is around £3000.

This is because I've been saving for a friend in my account and stupidly I deducted the 700 in my head and never told them this.

 

 

at the end of the call they mentioned sending me a letter or something for my bank statements so obviously there going to say 3000 for that period ( looks like I lied ) but very soon my mate is going to want his cash so my balance will go to £2300.

 

 

have I done anything wrong here ? well I know I have but is it wrong enough to get in trouble?

 

 

Thanks.

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There is a ceiling of £6,000 of savings before the DWP make reductions on (most) benefits paid - This could be stocks & shares, savings in a bank, premium bonds or significant cash kept at home.

 

As long as your total savings are below £6,000 you won't have much to worry about. But if/when they find out you have given them incorrect information, they are more likely to pick over your financial dealings - How far back they go would be up to the DWP...

 

Now, as long as you didn't put this figure of £2,300 in writing, you could claim "honest mistake". When the DWP ask for documentary evidence of your savings, declare everything - If it all adds up to less than £6,000 (even with the £700 owed), you won't get penalised.

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Thanks for the reply and no it was not in writing and it was really a genuine mistake because I don't consider the money mine even though technically I guess it's classed that way as it's in my account.

 

 

My savings/winnings have never been no where near to £6000 on JSA , but my statements read like money in £500 paddy power, £250 cassava enterprise, £100 PayPal, £50 PayPal, £20 PayPal etc. all from winnings, but this is ok yes? thanks

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if it's showing as going in from Paddypower Etc, you have no problem and well done on your winnings, but when or if you get any cash, If I was you, I would stash your cash under the mattress in future.....and why let your friend use your bank account, that may look a bit odd. tell them to stash theirs under their mattress

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My savings/winnings have never been no where near to £6000 on JSA , but my statements read like money in £500 paddy power, £250 cassava enterprise, £100 PayPal, £50 PayPal, £20 PayPal etc. all from winnings, but this is ok yes?

 

I can see one issue that may become a problem - The DWP might look at the amounts being deposited and view them as "income".

 

To be honest, I don't know what the official position is on winnings from regular gambling. Tread carefully and make sure you have evidence as to where these deposits originated.

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I think there was an Upper Tier Tribunal ruling that said gambling winnings were capital, not income. However, I can't track it down so no-one should take this as gospel.

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I think there was an Upper Tier Tribunal ruling that said gambling winnings were capital, not income. However, I can't track it down so no-one should take this as gospel.

 

 

 

Yep, gambling winnings don't count as income - but do count as capital - lottery winners lose their income based benefits.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I think there was an Upper Tier Tribunal ruling that said gambling winnings were capital, not income. However, I can't track it down so no-one should take this as gospel.

 

I suspect you are thinking of CH/412/2007 CH4143/2007

 

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