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    • Hi Everyone,  I am the seller in this case and want to thank the buyer for their support.  The bike was delivered to the local Hermes Parcel Shop really well packaged and sealed on the 3rd Feb with a receipt obtained.  Sadly the parcel was emptied on route to the buyer.   I had listed the bike for collection only however the buyer messaged and asked if we could arrange a courier to which I agreed and they organised that.  When the bike went missing I contacted the local police as the Hermes parcel shop said they would not release CCTV to me.  We got all this from the Police.  since then the buyer has tried his very best which I am grateful with Hermes and parcel2go but is struggling.  Any help is appreciated. 
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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
      • 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

Supporting evidence for reassessment


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Hello Consumers forum I have a reassessment for my ESA due in Decemeber 2015. I have been diagnosed with Agrophobia, Panic Disorder, Depression and PTS.. I have asked my doctor if he would support me which he has agreed to. I just don't know what information to ask for? I wonder if he would go through descriptors with me and agree which affect me the most and create a report from that :/ I also have a CPN is it worth asking for a report off her also?

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I would say yes if your DR is willing to do that.

 

Any and all clinical evidence is good.

 

Also keep a diary of events showing how your life is impacted.

 

even things like "Got mum over to help take me to the shops" shows evidence of that day of a descriptor. Has to be true though.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I would say yes if your DR is willing to do that.

 

Any and all clinical evidence is good.

 

Also keep a diary of events showing how your life is impacted.

 

even things like "Got mum over to help take me to the shops" shows evidence of that day of a descriptor. Has to be true though.

 

I have only left the house in the past 2 years about 5-10 times for hospital surgery and emergency follwup appointments :/

All shopping/caring for me is done by my parents, ugh its so worrying.. even more annoying my PIP reassessment isnt due till late 2017 is it worth mentioning that in my ESA50 when I recieve it?

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CPN's are generally pretty helpful - more so than GP's due to constraints on appointment time.

 

What I would do is make a list of the descriptors you feel apply to you. Under each descriptor write typical issues with everyday activities that show you meet that descriptor. Provide this to the GP and the CPN. A GP might write a short supporting letter saying that the issues highlighted are completely consistent with your diagnosis and reported problems. A cPN might be willing to write something more detailed including details of their input.

 

Don't do it too early. Wait until you receive the esa50 - you don't want a decision maker or if the decision doesn't go your way, a Tribunal judge saying the evidence isn't close enough to the date of assessment to be valid. Lots of assessments have been delayed, so you may not end up getting assessed for a while.

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

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If you had a face to face assessment for your PIP claim it would be worth getting a copy of that report if you don't already have one, they won't necessarily have one on your ESA file. Also, if you have a copy of your last ESA assessment you could include comments on your ESA50 along the lines of 'xxx issue/sympton (describe thoroughly) which hasn't changed or improved since the report dated yyy'.

RMW

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

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  • 3 weeks later...
If you had a face to face assessment for your PIP claim it would be worth getting a copy of that report if you don't already have one, they won't necessarily have one on your ESA file. Also, if you have a copy of your last ESA assessment you could include comments on your ESA50 along the lines of 'xxx issue/sympton (describe thoroughly) which hasn't changed or improved since the report dated yyy'.

 

My PIP claim was awarded in December 2014 and completed solely off paper based information from my CPN and GP :/ should I still send it in as evidence? I was awarded Enhanced Daily Living and Standard Mobility

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If you have copies of the reports by your CPN and GP, then it can't do any harm to include them and refer to them in your ESA50 along the same lines.

RMW

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

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Worrying about what my first ESA assessors report says though as she wrote in the notes on the report "I expect some improvement in the medium term" But that hasnt happened at all infact I'm alot worse than I was at the first assessment. Should her notes on the first report affect the out come of the second review assessment?

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Any idea how I should go about getting the best possible supporting evidence from my GP? and other medical professionals I feel really embarrassed asking them =[

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Any idea how I should go about getting the best possible supporting evidence from my GP? and other medical professionals I feel really embarrassed asking them =[

 

From my earlier post, let me know if you need us more info:

 

What I would do is make a list of the descriptors you feel apply to you. Under each descriptor write typical issues with everyday activities that show you meet that descriptor. Provide this to the GP and the CPN. A GP might write a short supporting letter saying that the issues highlighted are completely consistent with your diagnosis and reported problems. A cPN might be willing to write something more detailed including details of their input.

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

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Does self harm come under any discriptors? Also I can remember on the previous ESA50 I filled out questions were like can you walk more than so and so metres... as I am housebound what would be the best to answer for this question?

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https://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work

 

You're looking at the second part - the mental health descriptors. Activity 15 would be the one that would apply to you getting about, and 16 and 17 may also be particularly relevant. Also would work or work related activity significantly worsen or harm your physical or mental health - if so in what way.

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

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And remember

You only count as being able to do something if you can do so "without pain, repeatedly and in reasonable time"

A lot of people forget that.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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https://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work

 

You're looking at the second part - the mental health descriptors. Activity 15 would be the one that would apply to you getting about, and 16 and 17 may also be particularly relevant. Also would work or work related activity significantly worsen or harm your physical or mental health - if so in what way.

 

 

Is the significantly worsen your physical/mental health a special descriptor? How could I prove that other than it would cause me to self harm more? :/

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You just need to get your gp or cpn to confirm. No it's not a descriptor but an exceptional circumstances rule. This may explain it more:

 

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

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

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Another question if you dont mind answering guys, I will probably be having a home visit when I have my reassessment if a F2F is needed should I have someone in the room with me when the assessment is carried out? Also should I ask for it to be recorded?

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You are entitled to be accompanied and to have the assessment recorded whether it's at your home or at an assessment centre. I would always recommend having someone else with you, particularly if you have any mental health issues. I would also always choose to have an assessment recorded, however you should be aware that requesting this is likely to cause substantial delays as the equipment needed is limited in supply and apparently regularly breaks down. As a result, you may find appointments cancelled at short notice which can be problematic for some people.

RMW

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

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You are entitled to be accompanied and to have the assessment recorded whether it's at your home or at an assessment centre. I would always recommend having someone else with you, particularly if you have any mental health issues. I would also always choose to have an assessment recorded, however you should be aware that requesting this is likely to cause substantial delays as the equipment needed is limited in supply and apparently regularly breaks down. As a result, you may find appointments cancelled at short notice which can be problematic for some people.

 

Thanks for your help reallymadwoman, still worrying to death about filling in the ESA50 and making sure I give as much detailed information as I can about how my condition affects my day to day life

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Have you even received it yet?

 

Why not have a search online for the form and start filling it in a bit at a time? It might help you to stop worrying so much if you know you'll have it done in plenty of time and with loads of time for you to go back and change or add things. Also, are you keeping a diary of how your condition affects you? That would make good supporting evidence as well as help fill in the form.

RMW

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

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I've never thought to keep a diary, I haven't recieved the form yet no I rang up the DWP office earlier this month and they said it could be December/January before it comes. Just want to be best prepared evidence wise and explaining myself properly on the form.

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I think you'd be better off speaking to someone like CAB and getting them to fill the forms in.

 

Pretty hard to do :/ I've been housebound more or less for 2 years and the only situations I've left the house for is medical surgery at the hospital or emergency doctors appointments

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Pretty hard to do :/ I've been housebound more or less for 2 years and the only situations I've left the house for is medical surgery at the hospital or emergency doctors appointments

 

Some branches have a home visit service. There may also be a welfare rights charity in your area that also may provide home visits.

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

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