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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
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      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
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UC and ESA


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Hi,

Just after some guidance really as I'm lost with all this UC stuff and journals etc.

 

I recently helped someone with their first UC claim but they had a "fit note" from the doctor due to mental health and anxiety.

 

So they got a date for the assessment, which was on a Friday and they attended that and actually came out at about midday, after spending over 2 hours in there, and to be honest I had expected to be faced with an MR and then an appeal.

 

Then the following week on the Tuesday there was an entry in his journal saying he had basically been placed in the "Support Group" and doesn't need any more "fit notes" or take part in any Work Related Activity and maybe entitled to extra payments, how quick is that ?

 

This is what is confusing me, I read that you don't get the extra payments until 13 weeks have elapsed, despite him having been assessed and placed in the Support Group after just 6 weeks.  So are they depriving him of payments knowing his situation just to save money ?

 

The other thing that bothers me is that nothing has been received from DWP yet saying why he was placed in the Support Group and what rates he will be paid.

 

Any advice on how to get the why and how the Decision Makers verdict was based on, simply because it's always nice to know what they used to come to this decision.

 

Thanks for any guidance.

 

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the extra is back dated to the start of the UC claim

samething happened like this to the neighbour i helped with recently

check under the payments tab should show what and when.

 

was he already on ESA and just transferred over UC?

 

or is this his 1st ever benefits claim?

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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It's a bit complicated DX,  as it is my grandson. 

He apparently made a claim in another town when he was with his father and actually got an advance payment. 

However, that claim was closed due to him not attending appointments.

 

He came back living with us to sort his life out and made a fresh claim for UC but had a "fit note" from the start.

 

They have now stopped £30 out of this months UC, though they didn't last month.

 

When I questioned him about it he said he was given two advance payments of £250 when he was at his fathers house. 

I personally find that hard to believe, because they wouldn't give an 18 year old with mental health issues a £500 loan surely ?

 

Just a couple of points, Will the DWP actually write and explain why he was put in the Support Group ?

 

The next one is that after he was put in the Support group he had a message off someone in his Journal saying to check his To Do List and if he didn't his claim would be closed.

 

So even if he has had the shackles taken off, does he need to keep checking his journal ?

 

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Yes, and it seems that is how they communicate with everyone now.

 

I just find it strange that the Job Center were informed after a couple of days and yet a couple of weeks later nothing has been received from the DWP with an explanation as to the decision.

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lets put it this way they are very quick to not give or reduce payments so you'd think they were equally in the reverse.

 

these advances are very quick mind and they don't often question why too hard either. but hen they were castigated for as you say making people wait 6&13weeks before payments before . its all now changed.

 

 

 

 

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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The LCWRA rate will not be paid for 3 clear assessment period, following the date of the award.

 

The health journey starts from date of first fit note, which is normally when the  LCWRA is backdated to.  You then count 3 full assessment period as not receiving the extra LCWRA amount and the LCWRA amount will then be included in the 4th assessment period.

 

The 3 month relevant period where the extra amount is not paid, is applied to every claim, apart from those with LCWRA entitlement being transfered from an ESA claim and those people with less than 6 months to live, with a DS1500 form stating this.

 

In regard to advances, what some people have done, is make a claim, ask for an advance, then don't both to attend the Job Centre. They then wait for the claim to be closed, before making a reclaim, ask for another advance and they may then bother to attend the Job Centre, to ensure claim is up and running properly. 

We could do with some help from you.

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9 hours ago, unclebulgaria67 said:

The LCWRA rate will not be paid for 3 clear assessment period, following the date of the award.

 

The health journey starts from date of first fit note, which is normally when the  LCWRA is backdated to.  You then count 3 full assessment period as not receiving the extra LCWRA amount and the LCWRA amount will then be included in the 4th assessment period.

 

That makes it a lot clearer, thank you.  Although it does seem strange that someone that has already been assessed then has to wait 2 months for any extra payments due.

9 hours ago, unclebulgaria67 said:

 

 

In regard to advances, what some people have done, is make a claim, ask for an advance, then don't both to attend the Job Centre. They then wait for the claim to be closed, before making a reclaim, ask for another advance and they may then bother to attend the Job Centre, to ensure claim is up and running properly. 

It seems strange that there is no detail on the advance payments that you can access, it just says we are taking £37.77 this month.

 

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New claim advances are repayable over 12 months. 

 

I thought there was now an advance tab on home page, which had the information ?

 

With LCWRA/Support group, this was always subject to a period where it was not paid. What the reasons for this, other than Government budget, I am not sure of. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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5 hours ago, unclebulgaria67 said:

New claim advances are repayable over 12 months. 

 

I thought there was now an advance tab on home page, which had the information ?

 

 

With LCWRA/Support group, this was always subject to a period where it was not paid. What the reasons for this, other than Government budget, I am not sure of. 

 

You're correct, there is an Advances Tab but all it says in there is:

"If you have an advance you'll have to pay it back a bit at a time from future Universal Credit payments.

If you stop getting Universal Credit, you will have to pay your advance back another way. For example, by deductions from your wages."

 

If you check the statements under the Payments Tab it gives the amount due and the amount they are taking back and then just gives a phone number to get more information about your Loans or Advance payments.

 

Another quick question, do the DWP still write to people on UC after having an assessment stating that they are entitled to ESA, at what rate and the reason they have come to their decision.

If not, how would you get that information.  At the moment he has nothing in writing that proves he is in receipt of benefits, which some places will ask to see.

 

Thanks.

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If a claimant has a work capability assessment, they will have the decision advised to them via their UC online journal. UC is an online claim, so everything is digital, apart from the health assessessment company who post out the assessment forms.

 

So proof of UC benefits is the online statement that can be viewed and printed off. There is nothing posted out. 

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We could do with some help from you.

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