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    • Not much to say as Manxman has near enough covered all the angles.   Just a couple of points of clarification:   The requirement to serve the first NIP within 14 days is actually contained in the Road Traffic Offenders' Act, not the Road Traffic Act. In fact the first NIP is the only one required by law. Subsequent NIPs are usually provided along with the S172 Request for Driver's Details notice because they are both produced by the same system and are usually printed on the same piece of paper.   If you do decide to challenge the speeding allegation on the basis that the first NIP was served beyond 14 days the burden to prove that it was rests with you, not the recipient of that NIP. They have no basis (or need) to challenge it as the person prosecuted for speeding will be you, not them. As mentioned, once the police produce evidence to show that it was sent in time to be served within 14 days you will have to show to the court's satisfaction that it was not served.    You need to be very sure of your ground before embarking on this course of action. You need to find out who the RK is and when they received their NIP. There have been one or two notable successes with this strategy. Here's one:   https://www.bbc.co.uk/news/uk-england-london-45668735   The RK of the car Mr Beckham was driving - Bentley Motors - had a good system of recording when post was received and the court was satisfied the NIP was received late.   You don't say what the speed alleged and the limit is but if it was within the course or Fixed Penalty limits it will cost you around £100. If you are convicted following a trial it will cost you an income related fine, a "victim surcharge" of 10% of the fine (minimum £34) and prosecution costs which have a starting point of £620.    
    • Hi all,   I was taken through consultation back in 2019 as my company restructured out dept.  Basically we went from 4 team leaders down to 3 so had to re-apply for our jobs. One thing that did not change was our contracts, they stayed the same but we did have a verbal agreement with our manager that a monthly contractual payment of £250 for working weekends would stop immediately.  At the time I was not fussed but I am now again going to be going through consultation and possibly TUPE transfer.  My questions is: Would I be eligible for this payment to be reinstated if I was TUPE transferred and could I request this to be back dated as it was a contractual payment that I did not officially agree to loosing?    Thank you in advance!  
    • Just looking at the date of the offence 12 December.  Possible was delayed in the post at that time as it was taking me up to 2 weeks to get a first class letter, then the New Year Shut down so to get it early January while the Xmas backlog was cleared seems about right to be honest.  Not that I am telling the police that. 
    • Please take note: I got 2 tickets for 32  miles in a 30 zone on different days.  The police said its their policy to ticket anything over 30!!   I had to pay £100 for one and do the course as well.  Even as a disabled driver there was no give on the tickets. Please stop saying that it has to be 35+ it really does not. West Midlands police in Nuneaton so definitely dont go 1 mile over in that area.  
    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
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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!
       
       
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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

Guest Miss Anxious

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Guest Miss Anxious

The dreaded ESA 50 arrived yesterday, so onward for the battle, endless photocopying and reams of explanations.

 

Can someone remind me where to find the "help" guides for filling out the form, for both mental and physical disability as I have both, please?

 

Thanks in advance.

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Guest Miss Anxious

Thank you for your quick response. I spent half the night worrying and had to take more medication to get me back to sleep.

 

Miss Anxious

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Guest Miss Anxious

HoneyBee

 

Do you have a guide for mental health?

 

I am sorry if I am writing this is the wrong place, my brain has gone into scramble mode!

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Guest Miss Anxious

Also another question.....so sorry.

 

Is there any way I can type my answers as my hands are shaking so much I can hardly write legibly. I am too embarrassed to ask anyone to fill out the form for me, as I am a private person and dn't want anyone to know my business!

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Guest Miss Anxious

I found a link and typed it all. Has taken me all day, but better than another sleepless night.

 

Will print it off tomorrow, and send it off, and try to push it to the back of my mind....try being the operative word.

 

Will keep you posted.

 

Thanks again.

 

Miss A.

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I feel for you I really do, it's a nasty vindictive system and it's no wonder it stresses people. Especially the most vulnerable!

 

You never know, you could be worrying over nothing, and they may decide on the paper work evidence alone, to grant you ESA without the F2F interrogation.?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest Miss Anxious

BB, that's what I an hoping. I've been left alone for a few years without a F2F..........am I asking too much? I've been on ESA since 2008, when it first came out.

x

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Guest Miss Anxious

Well, the typing of the form, saving it all as I went, taking my time, took 9 hours, worked.

 

 

I googled "typing an ESA50" and got straight to the goverment web site, so it can be done.

 

 

There is no way I could have written all that I typed as my hands were shaking so much.

 

 

I saved it all, put it onto a USB stick, and printed it off in the library.

 

 

I am here now.I have photocopied all the scan, x ray reports and phsychological letters as proof.

Stapled all together , and now off to the post office.

 

 

I am going to send it recorded delivery, as I have heard that often these things go astray,

and ATOS used to lose the forms, so I'm taking no chances!

 

 

After it has been posted I'm going to try and forget about it, but it will be difficult.

I feel my anxiety going through the roof,

so I'm afraid to say my alcohol consumption has shot up.

I know the answer is not at the bottom of the glass,

but it helps to blot out some of the worry.

 

 

I would like to thank Honey Bee and Nystagmite for their help.Watch this space..

....Miss Anxious

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Guest Miss Anxious

Thanks HB you are an angel and you deserve a Gold Medal!

 

All posted now, it only cost me £1.10 to have it delivered and signed for, and I can track it.

 

Does anyone know how long it takes?

 

I need this now like a hole in the head as my sister is getting married on 1st April so has put a dampener on things, so I'll just have to try and not worry.

 

:|

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Guest Miss Anxious

I have just tracked my form and it was received yesterday. The post office tracking system is good......so far...

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Guest Miss Anxious

Well it's 8 days since my form was signed for. I've spent most of the days in bed, and only going out for hospital appointments.

 

This worry is a killer, and I feel for anyone else who is waiting for a decision

 

Miss A.

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Try to relax, easier said than done I know, but it won't help, I have an appointment set up for the end of the month to meet an advisor at my local DIAL who says I should be in receipt of PIP as well as my ESA, so hoping that meeting goes well!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest Miss Anxious

Bazooka

 

I hope too that your appointment goes well.

 

What is DIAL? I wonder if they could help me?

 

Miss A.

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Guest Miss Anxious

I know my ESA50 arrived at the address I posted it to on March 1st.

 

I am so anxious I am being sick most days and cannot sleep.

 

Should I ring the number on the letter they sent me and ask if they've made a decision? It's only been 9 days.

 

What I'm frightened of is,if I call them and they have not yet looked at my evidence, they may just say, come in for a face to face....

 

What would you do.....anyone waiting like me?

 

Thanks in advance.

 

Miss Anxious

 

PS I've just re read the letter they sent with the ESA50 and it's the jobcentre plus's number. They might know by now, or am I being too expecting?

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threads merged

 

 

calm down

 

 

no point in you doing anything

they have 8 weeks.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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mrs has been thru it 3 times now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Pointless ringing them, they will deliberately take even longer because they know you're panicking!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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