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    • I have sent a response to quote that and also say that i will be submitting my already prepared claim to the county court   Thanks for the quick response! I will see what happens next
    • The High Street-only retailer says it has lost £1.1bn in sales due to the recent lockdown. View the full article
    • Ignore it.   Or,   If it were me I would send in the following email  
    • Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today       Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.   I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.   I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.   Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619   You can also make contact with Packlink with the links below.   • eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb • Packlink Help Center: https://support.packlink.com/hc/en-gb   I hope this helps you to get your Packlink enquiry resolved.   Kind regards,        
    • I'm sorry to say that nothing you have written above changes anything. You need an address. I suppose you could get some investigator to find it but the amount of money it will cost you will probably exceed what you are claiming. Also, you need to be very careful about the way that you approach this because you don't want to find yourself in a position where suddenly the tables are turned on you and you are being subject to complaints about harassment. This means that you need to be very delicate and gentle and discreet about the enquiries you make. There is a way of serving papers on someone if you cannot find their address – if you happen to know their bank, for instance or a lawyer that they use, for instance. Or their place of work. It's called "substituted service" – but it's not straightforward. I don't know the procedure particularly but I'm quite certain that it requires an application to a judge and this itself will cost you money and although the amount that you are claiming is a significant amount of cash, you may still decide that it's not worth it. I'm only referring to this procedure so that you know about it – but not as a serious suggestion that you try it.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06
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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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Hello, I am posting here to see if I can get some advice regarding employment and support allowance. My history is that I currently recieve ESA in the support group and have been on this benefit for four years now with 3 reassessments including my first in 2012. Twice I was placed in the support group after a WCA but after my second assessment I was initially told over the phone I would not get any benefit. I asked the DWP on that call to reconsider and about an hour later they called back telling me I was again in the support group.

 

I am now waiting to find out about my next assessment for ESA and I have some questions. Firstly does anyone know how likely it is that after 4 years in the support group it will be that they can remove the benefit from me? My condition can in some cases improve but in my case it has not and I still attend the hospital regularly 2 or 3 times a year and I am awaiting a further referral. Surely it would be very difficult for the dwp to remove me from a benefit they previously agreed I was entitled to?

 

Also if I am called to a face to face assessment I will not be able to take anyone with me I don't think which I have done in the past, I will be able to get a lift to and from the centre but nobody is free in the day anymore to come in with me. Will not having a companion at the wca be bad for my claim?

 

My last question is on the new esa50 the say not to send any appointment letters. I feel I should send them copies of my appointment letters as it lets them see that I am still being seen regularly by the hospital and have been for some time. I don't have any reports to send and feel it is important to send something. What should I do?

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  • 9 months later...

I am curently on ESA in the Support Group. I have not recovered but will be shortly moving in with a partner who earns too much for me to keep my benefit which is income related. I have about £1000 saved up in my account which has been saved from my benefit payments over the years as well as some gifts from family.

 

When I contact the DWP to inform them of the change in my circumstances and they stop payments will have to pay them back the money I have saved up if it is unspent benefits?

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Quite simply No...

 

Thats your money that youve been paid :)

If there has been an overpayment that thats a different matter, but what you het on ESA is yours to keep towards your living.

 

We could do with some help from you.

 

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  • 3 months later...

I am moving in with my partner this evening and need to inform the DWP. My partner earns over the limit for benefits so I expect to lose all of my income related ESA. My partner knows this and is happy to support me, currently me health has not improved since my last assessment.

 

How best should I inform the DWP of my move, should I call or write a letter? I last had a payment yesterday, will I need to repay any of that or will I be safe to spend it as needed?

 

Will moving in with my partner trigger a reassessment of my ESA? I will not recieve any benefit money but I believe my stamp will still be covered as long as I am considered too ill to work.

 

When I inform the DWP of my move will they investigate us? My partner bought this property last year and has spent the past 6 months renovating it. My partner only moved in just over a week ago. Prior to moving into this house together we have never lived together before but have lived in seperate towns with our parents and family. We haven't registered with new doctors or informed our banks yet of this change of address. We have been seeing each other for a number of years though and we met before I fell ill.

 

In addition I have about £2000 in a savings account which is mostly from money I recived in ESA over the past couple of years. Will I be able to keep this or do I need to return it to the DWP?

 

Thank you for your help with my questions!

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How best should I inform the DWP of my move, should I call or write a letter?
Your choice, but in any case do it as soon as possible after the date that you move in. If you send a letter, you may wish to use a "tracked" service like Recorded Delivery. This won't mean that it gets processed any quicker, but it does help if there's ever any question over if and when you informed them of your change.

 

I last had a payment yesterday, will I need to repay any of that or will I be safe to spend it as needed?
ESA is paid in arrears so you are probably fine to spend the money. Since you're moving in today, expect that to be your last payment, though - if you're paid any more it will be because they didn't process your reported change in circumstances in time and you will need to repay it.

 

Will moving in with my partner trigger a reassessment of my ESA? I will not recieve any benefit money but I believe my stamp will still be covered as long as I am considered too ill to work.
It won't trigger a reassessment in itself, no. Of course, a reassessment is likely to happen at some time, so I can't promise you that you won't get an ESA50 through the door next week. But if you do, it won't be because of this change.

 

When I inform the DWP of my move will they investigate us? My partner bought this property last year and has spent the past 6 months renovating it. My partner only moved in just over a week ago. Prior to moving into this house together we have never lived together before but have lived in seperate towns with our parents and family. We haven't registered with new doctors or informed our banks yet of this change of address. We have been seeing each other for a number of years though and we met before I fell ill.
I can't see why this should trigger any investigation - after all, you're promptly reporting a change that means you lose money.

 

In addition I have about £2000 in a savings account which is mostly from money I recived in ESA over the past couple of years. Will I be able to keep this or do I need to return it to the DWP?
Assuming you were entitled to it for the period for which it was paid to you, you will not be asked to repay the money. A change in circumstances like this affects only your future entitlement - money you've been legitimately paid in the past is yours to spend or save as you like.

 

Good luck! :-D

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