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    • To add to the weight of evidence this is fraud, do you have (or can you get) proof of what the cost of the Special Delivery was?. If they paid for the weight of an envelope containing a piece of paper, they won't have paid for the cost of sending a laptop (given it is much heavier) ...... You should also contact ActionFraud.
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    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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ESA Habitual Residence Test and Residency


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Hi there,

 

I wonder if someone might help.

 

I have a Habitual Residence Test on Monday. The form asks for passport and Id for my husband and my husbands residency documents.

 

I have actually lost my passport so that is awkward for one and then residency documents, my husband and I are disabled. I am from the UK and lived in holland for one year. We have been here together 16 months not claiming anything. The CAB say my husband doesn't need residency documents but I think he might and might also not be eligible for them.

 

I feel a refusal coming on and want to know what I can do.

 

Thanks

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If you are a UK citizen and have returned here to live with your partner for the past 16 months without needing to claim anything, then I don't see what the govt. issue would be. Have you and your partner suddenly become "disabled" or have you run out of money?

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I have actually been disabled a long time, but certain things are getting worse. Like I have cateracts, and they get worse over time.

 

I think it's really the ID thing at the moment, I don't have a passport and my husband doesn't have a right to reside letter

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My understanding is that a birth certificate and a council tax/utility bill showing your name and address dated within the last 3 months should be as acceptable in place of a passport. Perhaps look on the Border Agency website to apply for an emergency passport (they charge for this), then print out the receipt and take that along with birth certificate.

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I have cateracts, and they get worse over time.

 

Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

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No... you can't eat my brain just yet. I need it a little while longer.
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I would also add, although it may not be helpful on this thread or to you as you have more pressing issues, you have obviously reported your passport lost haven't you? If not, then I suggest you do this immediately

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Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

 

I know, have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer. Already had one eye done but was done abroad and they told me i have a flaw in my eyes not just cateracts and other illnesses too that's just the first one, or next operation.

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have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer.

 

Sounds like you are in good hands in that respect. Best of luck when you get it done.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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No... you can't eat my brain just yet. I need it a little while longer.
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  • 2 weeks later...

UPDATE - did the habitual residence test, haven't heard if we passed or not but received a letter Christmas Eve asking for my fit note to be sent by the 6th of December.

 

We posted the note Christmas Eve but now obviously it will get caught up with Christmas post / DWP having holidays.

 

We also went to take our tenancy agreement but were told to wait for the result of the habitual residence test.

 

Bit worried because it's over a month now. They also said as well that our claim for housing benefit would start the day we go again rather than when we first applied, because she wont take the form of us. I thought housing benefit was tied to ESA but not council tax relief?

 

What would you advise in terms of making sure they don't close my claim while we are waiting for the post.

 

Normally would call and ask for a fax number and get another fit note, but the library is closed for faxing and they probably aren't there to answer the phone either.

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Income based ESA entitles you to full housing benefit and council tax relief. (note: each council has different rules on council tax; do you may still have to pay if on income based ESA)

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I did think we would be entitled to housing benefit if we got ESA but get different messages when to give them the housing form, etc. We were told it was too soon and had until 5th of January to bring it in (despite the fact they aren't there until the 5th of January now)

 

Also, we had actually taken the fit note to the ID for HBT appointment but they didn't want it then. They said to send with the request we had received, only they had never requested it or given info where to send it till yesterday

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