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    • 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.
       
      • 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!
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Personal Independence Payment


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Raise this issue with your local MP, seriously, hammer them and demand they explain why the sick and disabled are still being persecuted by this government.

 

Secondly, the fact that they are not on the GMC register isn't surprising at all, yours is the second case I have read where an unregistered HCP has carried out an assessment and then fabricated the report in order to remove the social security from the claimant.

 

Criminal possibly, morally wrong, most definitely!

 

Did they, the assessor claim to be a Dr?

 

Bazooka Boo i have written to my MP today.

 

If as Honeybee13 is correct and the same rules apply and a person with a few weeks training can do this as opposed to someone who has obligations under the GMC as should be the case there is no deterrent to fabricate a medical report and not even bother to carry out a full and proper medical assessment.

When you consider that i have both physical and psychological problems you would have thought a Claimant would be able to rely on a person who has knowledge of both as opposed to the Atos method of dragging someone of the street putting them in a Travel Lodge for ten days and qualifying them on a fast track course and on a par with the qualifications needed to obtain a first aid qualification, it beggars belief.

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Now in receipt of assessment report and as expected full of lies but at least i have those lies in evidence now.

 

The assessor profession has been listed as a Physiotherapist, the evidence consisted and was based on PIP questionnaire and the consultation started at 10.39 and finished at 10.59.

 

And if by magic several tests were carried out which included five rounds of serial sevens which covered test concentration, memory and thinking and i consented to a physical examination, that is news to me as no physical examination was ever carried out, quite the reveres.

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Definitely grounds for an appeal, when you lodge it, explain exactly what was done, and exactly what evidence has been fabricated on the HCP report.

 

Keep copies of everything and a diary of events, if you send anything by post, obtain ''proof of posting'' as a bare minimum, if you can afford it, recorded delivery.

 

Well done for informing your MP of this sham.

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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And if by magic several tests were carried out which included five rounds of serial sevens which covered test concentration, memory and thinking and i consented to a physical examination, that is news to me as no physical examination was ever carried out, quite the reveres.

 

I didn't have tests for concentration. However, because I was able to answer questions, I have no problems with concetration, apparently! My friend at various points had to add things.

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May I suggest that when you are writing your appeal you focus on areas where you believe the points should be and explain why.

 

Without wanting to go into my detail, they said things like I had a good recall of my medication -maybe because I had a list in front of me

They also said I had no cognitive impairment even though I am sadly a pathological gambler and that is listed in DSM V and the WHO list of cognitive disorders

 

In my appeal I sent evidence of such things.

 

Beware though it takes some time.

Any opinion I give is from personal experience .

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http://www.advicenow.org.uk/pip-tool?gclid=CjwKEAjwtqe8BRCs-9DdpMOilBoSJAAyqWz_1qZOk1z0Q-h-fq_N0wYvD022X9V24kAXZdSjyJ_YVRoCSM3w_wcB

 

You're emailed the template letter. It's not saved anywhere online if you're worried about your privacy.

 

Thanks for that Nystagmite i have sent an email requesting.

 

I have also now sent asking for the DWP to consider a mandatory reconsideration of the decision, when can i appeal because as i understand matters it is one month from the decision letter does the reconsideration and the time for reconsideration come into play.

 

I asked the PO for recorded delivery on the letter containing the mandatory notice but was told because the DWP had provided a freepost address this was not possible.

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I have also now sent asking for the DWP to consider a mandatory reconsideration of the decision, when can i appeal because as i understand matters it is one month from the decision letter does the reconsideration and the time for reconsideration come into play.

 

 

The one month time limit for appeal doesn't start until you get the official decision notice from the mandatory reconsideration. There is, unfortunately, no time limit for the DWP to do the reconsideration.

RMW

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

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I asked the PO for recorded delivery on the letter containing the mandatory notice but was told because the DWP had provided a freepost address this was not possible.

 

Incorrect, you CAN send freepost return addressed envelopes via RD, they take the freepost off the amount normal RD would cost you.

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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I think the whole system and in the way it works is unjustified, unequal and needs changing.

 

The Claimant should surely have the minimal rights to be assessed by a qualified doctor as opposed to some to an unqualified Health professional who not only can write and claim what they feel should be reported and they are not accountable for their actions any qualified doctor who are bound by the GMC would not take that risk or at least be more less likely to fabricated the medical condition of a Claimant.

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I am going to initiate a private criminal prosecution against Atos who are aware of the misrepresentation made by one of their employees but have ignored my concerns.

 

Which criminal act are you going for, AD?

 

HB

Illegitimi non carborundum

 

 

 

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Which criminal act are you going for, AD?

 

HB

 

Giving false and misleading information is a criminal act, and i think this was covered and introduced under the Care Bill a few years back.

 

Not sure if Atos or the assessor could be liable under the Act if it is proved that the report that both have relied and submitted is false and misleading which i feel was the case.

 

Just looking at the Act now, any input to criminal charges would be appreciated if that avenue is open.

 

Something needs to change because no-one seems to be accountable for how they rely on fabrication bxxl**** as if this is accepted a par to the course.

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I'm sure they also have to sign something to say that the information they've given is correct?

 

Oddily, I complained (see my thread) and was told to provide evidence that they provided false evidence. The numpties (and I'm being polite here) did that themselves.

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I'm sure they also have to sign something to say that the information they've given is correct?

 

Oddily, I complained (see my thread) and was told to provide evidence that they provided false evidence. The numpties (and I'm being polite here) did that themselves.

 

That is good to know, i will be requesting that and a signatory from the CEO at Atos that they are happy with the assessment report despite being told the whole stitch up has been recorded.

 

I wont wait for them to give me the right to appeal, i will just go to the relevent people who advocate and accept false medical evidence, its a crime, full stop as far as i am concerned.

 

I have looked at your thread Nystagmite and it looks like you have been treated in the same way, a pack of lies from a pack of wolves robbing the needy to pay others.

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