Jump to content
  • Tweets

  • Posts

    • which company are you dealing with?   they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee. your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills. after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.          
    • You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that. However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR    
    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
    • to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation.    Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.   1. Sales receipt (Issued by me to buyer) 2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car. 3. Letters to CEO and their responses 4. SAR 5. Cover Note.    it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history.    thanks B-Bunch
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Like
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

£100 lost by not attending ESA appointment


Please note that this topic has not had any new posts for the last 1657 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Been going to Triage for nearly 2 years now, and I am in the work related group. Used to have to attend weekly and fortnightly sessions with other people till they put me onto monthly sessions quite some time ago, as they said they feel that I am not ready for work. So now I attend once a month, and it's a 1 to 1 with an adviser instead of a group. But, I was kept on the same ESA and not put into the support group.

 

3 weeks ago I had an appointment. It was scheduled for 10am. However, I was feeling ill the night before and didn't fall a sleep till around about 6.30am. I work up about 10.30am, and I immediately contacted Triage. They told me they would have to inform the Social that I had not attended my appointment. This is the 1st time, I have ever missed an appointment.

 

Triage rescheduled my appointment for 2 weeks later, which I attended last week. They then said they wanted a quick chat with me yesterday, so I attended that too. So have had 2 appointments, and attended both since missing the one 3 weeks back.

 

Received a letter from the DWP today saying that my ESA, has been stopped, till I start re attending my Triage appointments. I phone the DWP and told them that I have actually had 2 appointments, and been to both since missing that original appointment. he woman said that, they have had no word from Triage (I phoned Triage after the call and they said that had informed the DWP, but will call me later to see whats happening, to be honest, Triage probably hasn't informed the DWP, as they are not well organized)

 

Anyway, the woman (at the DWP) told me that my payments will restart once they receive word. I said, so have I lost money? She said "Yeah, it's just a weeks payment so far" Just a weeks payment???

 

I am due Monday (always been paid on Saturday though) Starting to worry I won't even be paid if they haven't been informed from Triage that I have attended since missing the original appointment. But even if I do receive payment, they will deduct a weeks ESA from me for missing that 1 appointment. The first time I have ever done that, not by my own fault, and I phoned when I woke up. But they feel that's acceptable to take over £100 away because of this.

 

Do they have the right to do that to me?

 

P.S Just received a follow up call from the DWP, and the woman told me they have every right to take away 1 weeks benefit from me. I said well personally, that's crazy taking away £100 for missing an appointment. She said well, just like everybody else, if we miss appointments we lose money too by charges etc I didn't say this as it didn't cross my mind during the call but, who the hell would lose a weeks money by not attending a doctors, dentist, etc appointment?

 

She finished off by saying, you only have to do minimum tasks such as attending once a month appointments, and you failed to do that.

 

What a rude woman.

Link to post
Share on other sites
Been going to Triage for nearly 2 years now, and I am in the work related group. Used to have to attend weekly and fortnightly sessions with other people till they put me onto monthly sessions quite some time ago, as they said they feel that I am not ready for work. So now I attend once a month, and it's a 1 to 1 with an adviser instead of a group. But, I was kept on the same ESA and not put into the support group.

 

3 weeks ago I had an appointment. It was scheduled for 10am. However, I was feeling ill the night before and didn't fall a sleep till around about 6.30am. I work up about 10.30am, and I immediately contacted Triage. They told me they would have to inform the Social that I had not attended my appointment. This is the 1st time, I have ever missed an appointment.

 

Triage rescheduled my appointment for 2 weeks later, which I attended last week. They then said they wanted a quick chat with me yesterday, so I attended that too. So have had 2 appointments, and attended both since missing the one 3 weeks back.

 

Received a letter from the DWP today saying that my ESA, has been stopped, till I start re attending my Triage appointments. I phone the DWP and told them that I have actually had 2 appointments, and been to both since missing that original appointment. he woman said that, they have had no word from Triage (I phoned Triage after the call and they said that had informed the DWP, but will call me later to see whats happening, to be honest, Triage probably hasn't informed the DWP, as they are not well organized)

 

Anyway, the woman (at the DWP) told me that my payments will restart once they receive word. I said, so have I lost money? She said "Yeah, it's just a weeks payment so far" Just a weeks payment???

 

I am due Monday (always been paid on Saturday though) Starting to worry I won't even be paid if they haven't been informed from Triage that I have attended since missing the original appointment. But even if I do receive payment, they will deduct a weeks ESA from me for missing that 1 appointment. The first time I have ever done that, not by my own fault, and I phoned when I woke up. But they feel that's acceptable to take over £100 away because of this.

 

Do they have the right to do that to me?

 

P.S Just received a follow up call from the DWP, and the woman told me they have every right to take away 1 weeks benefit from me. I said well personally, that's crazy taking away £100 for missing an appointment. She said well, just like everybody else, if we miss appointments we lose money too by charges etc I didn't say this as it didn't cross my mind during the call but, who the hell would lose a weeks money by not attending a doctors, dentist, etc appointment?

 

She finished off by saying, you only have to do minimum tasks such as attending once a month appointments, and you failed to do that.

 

What a rude woman.

 

I'm not familiar with triage but are they Triage agency in Scotland? and you are in the work focussed' group

 

Not sure how things vary between ESA WRAG Vs WFG I take it that attending this Triage outfit's offices is Mandatory ? Even if this is the case you should be allowed to be too sick to attend a few times in a 12mth period like if you claim JSA ?? If this withheld payment is a sanction , you should be able to ask for a decision maker to reconsider this decision (Mandatory Reconsideration), and possibly appeal to a tribunal if they don't agree to pay you,

Link to post
Share on other sites
I'm not familiar with triage but are they Triage agency in Scotland? and you are in the work focussed' group

 

Not sure how things vary between ESA WRAG Vs WFG I take it that attending this Triage outfit's offices is Mandatory ? Even if this is the case you should be allowed to be too sick to attend a few times in a 12mth period like if you claim JSA ?? If this withheld payment is a sanction , you should be able to ask for a decision maker to reconsider this decision (Mandatory Reconsideration), and possibly appeal to a tribunal if they don't agree to pay you,

 

Thanks for your reply. To be honest, I have never heard of ESA wfg. Only ESA WRAg, and ESA support. Yes, they say the triage appointments are mandatory. She rude woman that phoned me back, did say something about a sanction. I will appeal this if I am able to. Thanks

Link to post
Share on other sites

yes appeal I don't understand if your on ESA even attending once a month is much ie on jsa sign on is fortnightly for ppl fit for work have you thought of appealing to be placed in the support group remember its a risk as they could take it all away plus why would they cut your cash

 

 

for how long have you been placed in the WRAG group?

Link to post
Share on other sites
yes appeal I don't understand if your on ESA even attending once a month is much ie on jsa sign on is fortnightly for ppl fit for work have you thought of appealing to be placed in the support group remember its a risk as they could take it all away plus why would they cut your cash

 

 

for how long have you been placed in the WRAG group?

 

Thanks for your reply. I was originally on Incapacity benefit back in 2008 till about 2012. It changed to ESA, and I attended a medical. But like many other people, I was awarded 0 points. I appealed it, and after about 2 years (2014), I won the appeal. I was placed into the work group. I was going to appeal but I was told by a few people, there is a chance they might even take me out the work groups and I would lose my ESA. As you have mentioned. I really didn't want to risk that, and didn't want to go through another 2 years of appeals.

 

Just checked my bank, and I did indeed receive my ESA benefit. However, it/s worse than I expected. Instead of the usual £204, I received £3.10. Next 2 weeks will be a struggle. 22p a day. Already lost 2 weeks benefit, apart from the £3.10 they paid me. No idea how they worked out the whole £3.10? £1.55 a week.

 

I have no idea how to appeal this :(

Link to post
Share on other sites
Thanks for your reply. I was originally on Incapacity benefit back in 2008 till about 2012. It changed to ESA, and I attended a medical. But like many other people, I was awarded 0 points. I appealed it, and after about 2 years (2014), I won the appeal. I was placed into the work group. I was going to appeal but I was told by a few people, there is a chance they might even take me out the work groups and I would lose my ESA. As you have mentioned. I really didn't want to risk that, and didn't want to go through another 2 years of appeals.

 

Just checked my bank, and I did indeed receive my ESA benefit. However, it/s worse than I expected. Instead of the usual £204, I received £3.10. Next 2 weeks will be a struggle. 22p a day. Already lost 2 weeks benefit, apart from the £3.10 they paid me. No idea how they worked out the whole £3.10? £1.55 a week.

 

I have no idea how to appeal this :(

If you have been sanctioned , you have 1 month to request a mandatory reconsideration ,submitting any additional evidence that supports your reasons for failing to attend, During a sanction period you can claim hardship payments from the DWP ,
Link to post
Share on other sites

wanted to ask aberdeenlad while on WRAG how often did you have to attend Triage you said for 2 yrs every week/2weeks then monthly but when in after being placed in the WRAG group did the attending Triage actually start and you said it was mandatory I thought it was NOT mandatory especially looking at the frequency you had to attend but I may be wrong personally again as Tommy mentioned if you were ill that should of been taken into account your on ESA not JSA where you can have upto 2 periods of sickness in a year and you can also get EPS upto 13 weeks so where's the logic that you cant be sick unexpectedly on ESA seeing its exactly a sickness benefit?

 

other than that please follow what tommy said above if you so wish

Link to post
Share on other sites

Right 1st off dates are important!

 

You have 1 month from the date on the decision letter to ask for a mandatory reconsideration.(You can lodge a late mandy up to 13 months after that but it's better to stick to a month)

 

You will most likely have to take this all the way to appeal so be prepared.

 

You might be able to claim hardship payments which is 60% of the personal allowance rate.

 

Read these

 

Hardship

 

http://www.cpag.org.uk/content/ask-cpag-online-can-you-claim-hardship-payment-jsa-or-esa

 

Sanctions/Hardship/Lenghts/How to Appeal

 

http://www.disabilityrightsuk.org/sanctions

 

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-sanctions/

 

http://www.cpag.org.uk/content/ask-cpag-online-how-can-you-avoid-esa-‘work-related-activity’-sanction

 

Being ill should be a good reason enough but this is the DWP here so generally I'd expect you to have to Appeal to the Tribunal after the Mandy process is over.

 

Note Triange notify the DWP of things but it is the DWP who make the decision. So there's little point engaging with Triange about the sanction as is but there failure to notify of you complience i.e. when you next attended after the missed appointment that's a different storey

 

If you feel like Triange are playing silly buggers about informing the DWP raise an official complaint with both Trainge and the DWP. Can't find a complaints procedure or any link of how to raise one on their site so...... can anybody else find this out?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...