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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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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
      • 33 replies

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I think I will soon be coming up to ESA re-assessment time and have started to dread the post waiting for the big brown envelope.

 

 

I just wondered how quickly generally whomever's doing the medicals now is calling people for re-assessments when their date is due/shortly upcoming?

 

 

My condition hasn't improved, maybe slightly worsened and I'm being treated in both primary and secondary care but I'm assuming they will call me for another medical regardless?

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I think how quickly re-assessments happen is very variable depending upon where you live etc.

 

You won't necessarily get another face to face assessment, particularly if you can submit evidence with your ESA50 to support your condition worsening. It's probably worth starting to collect your evidence now, and not just from medical professionals. Even keeping a diary to record what problems you have and how often can be helpful.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Call them and ask them,I was due my medical march 14th and didn't hear anything was getting a bit panicky in case form was lost in the post,I called them and they said my medical had been moved back until March 2017 must have been because of the backlogs.

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Mine is due in january 2016, months yet but looming like a dark cloud. I consider myself lucky that I sailed from IB to ESA support group without a face to face and got a 2 year reprieve. Not sure if this was due to genuine reasons on their behalf in recognising my states of health (wording seemed to ) or whether it was more to do with the mish mash of atos at that time as it was around the time all the hype was on about them leaving the contract etc......

 

Ive got all the paperwork, only changes here is more meds and added conditions, less mobility and now needing a stick to walk due to worsened hip/knee pain, which both give in and have caused a few near falls (thankfully there was always a wall or stable object to break the fall on these occasions) but balance is dodgy and may be/likely is hip related. Am guessing its arthritis but as yet hasnt been investigated further. This may be in the pipe line soon though as its getting worse without doubt. I darent risk walking that far without the stick as the pain kicks in then its literally only paces before i become unstable.

 

Sorry for essay just thinking aloud and hoping the last reprieve wasnt the calm before an almighty storm.....

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I'm also due Jan 16 and my DLA is due Feb 16 so I'm anticipating an interesting year. My only ray of hope is that after all the hassle last time, ATOS won't want to do a face to face for the PIP transfer as they know they'd have to do a home visit again and ATOS do not like doing home visits. So far as the ESA is concerned, I was awarded support group on the only criteria they assessed due to an incurable and degenerative condition which I've had for 27 years and due to which had they assessed all criteria I actually met at least three for the support group and probably would have scored in excess of 50 points. However, as with many incurable degenerative conditions, no doubt the DWP will wave their magic wand and tell me I'll be fit for work in 3 months or something daft this time around.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Sent my ESA form off in May 2013, not heard a thing. Benefits still being paid though. I did read somewhere that if they don't need to see you then they may not even contact you to tell you so as they did with me in 2011.

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No idea when I'm due. I was awarded support group in Nov 2012; so my guess would be Nov 2015. Should get into support group again as I've just got worse, got more conditions and got more medication.

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