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    • 2nd class will do... don't waste money, all you have to do it prove you sent it. the time limit is not a case of they can and will issue a claim.   PAPLOC is merely a process they must now go thru as so many fleecing debt buyers were issuing speculative court claims and abusing the court system as a method of debt collection with no real hope of success other than wet yourself syndrome or default judgements as everything was sent to old addresses mostly on purpose.    
    • YOu say send it first class, get a free Proof of Postage, but would it make any difference if I get it recorded?   As there's under a week left before their cut off date, I just want to ensure 100% they receive it before the date, and have evidence that they did when they receive it.  
    • Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step.
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    • Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format   Don't respond to anyone without checking with us first. We would want to know why you are being asked to contact people. However, you definitely need to contact your insurer tomorrow as I've already suggested. You really need to find out what's going on, why they have made the decision that they have and you want copies. Don't tell them that you sent them on SAR. Keep that a completely separate matter – but simply ask them on the telephone to have copies of all the documents that they have assembled in respect of this case. Once again, you should be recording this.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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just done a PIP assessment: please can you help/ advise


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Hello,

I’m trying to get an answer regarding the changeover from dla to ESA/pip.

 

 

My friend’s mother suffers from severe borderline personality disorder;

she has been on dla for over twenty years!

and did have until recently home-help

(Although I believe this is no longer the case)

 

 

her daughter recently took her to a atos/maximus assessment from which I understand it was specifically because Dla is changing to pip and they are medically ‘re-assessing.’

People that are changing over?

 

1 is this correct?

 

2 I assume if this is correct will she afterwards be on esa + PIP, as other claimants are? Or just PIP.

 

3 she recently (because of this changeover) was asked to attend a medical assessment for PIP.

From what I gather the PIP assessment is different/ more difficult than the esa assessment?

Is this correct?

 

4 I believe that her daughter does not know how the assessment really works?

The main question is if she fails

(as we have been told many people do, first time around),

are the procedures for preparing for the tribunal and/ or mandatory reconsideration the same as ESA?

 

5 In case of FAILURE,

are the papers you request i.e. details of assessment, assessors etc and papers and forms and the names, codes of the paperwork, assessors etc exactly the same protocol as if you were requesting documents if you failed an ESA assessment?

I.E if she fails could she be on no money until her tribunal appeal?

thanks

 

6 I have also been told that the onus of providing the paperwork, evidence of the claimant’s illnesses is the responsibility of atos/maximus/ capita / etc rather than the claimant? Is this correct?

 

7 I also believe my friend was not armed with the correct information regarding assessments to benefit her mother as well as required- can anyone suggest anything?

Thank you very much

Edited by dx100uk
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she could have already have been on ESA, why has she never done so?

 

 

PIP assessment wont have anything to do wiith ifshe get ESA

she needs to apply for it

two totally sep things..

 

 

as for the rest

i'll let the experts advise soon.

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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Sadly it is correct that anyone that is on DLA will be moved to PIP and will have to go through the assessment process which is what seems to have happened in this case.

 

1. Sadly the change from DLA to PIP is Correct.

 

2. As they were on DLA any changes would be to PIP (this is nothing to do with ESA)

 

3. You are probably correct they are more difficult.

 

4. See links below.

 

5. See links below.

 

6. No no no you try to get as much medical evidence in writing as you can to back up your claim even when awarded you still keep collating any medical evidence for the next assessment.

 

7. Was anything signed that the friend was acting on there behalf? if not then sadly the information for the assessment would be sent to the recipient.

 

Have they been told the outcome of the assessment?

 

Also have a wee look at these CAG links:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407139-Personal-Independence-Payment-(PIP)-Sources-of-Interest-Updated-Oct-2015

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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If she fails, her money stops after 4 weeks and that's it until she wins. This may also have an impact on her ESA.

 

The claimant has to supply the evidence. But from my experience, they ignore it anyway and go on what the assessor says, even if the assessor contradicts themselves. (as happened with me)

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she isn't getting esa which is what puzzled me...

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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Share on other sites

Yes ESA and PIP are two separate entities.

 

Migrating from DLA to PIP is another hurdle we have to jump in order to quantify our disabilities, the goal posts for DLA are different to that of PIP, in that they have moved them and just because you qualified for DLA, doesn't automatically mean you're placed onto PIP.

 

I never qualified for DLA, yet sailed through my PIP interrogation first time!?!

 

I don't know if there are any right or wrong answers, BUT, be aware of their leading questions designed to trip you up, and don't allow them to make ANY assumptions, prepare for the worst and for making an appeal, then if it happens you'll be ready, if it doesn't then all good, they also give you a prognosis, ie, when they will re-assess you, mine was ten years, some will be much shorter.

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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we know that..

we are saying SHE SHOULD BE ON ESA AS WELL ALREADY...

 

 

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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Until she gets the result of the assessment, there's nothing she can do other than wait. After a week or so, she can ask for the for the report from DWP. This should give her an idea of what she's likely to get.

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