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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
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      • 31 replies

ESA WTC CTC PIP ??? Totally lost help please


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Hello every body 

 

Well here you go I'll try to make a long story short

 

I am an ESA support claimant contribution based indefinite entitlement.

I have had my PIP claim increased under mandatory reconsideration.

 

Around Christmas time for some reason my husband was issued WTC and therefore Now working child tax credit for one child.

 

I was totally lost I contacted HMRC and they said they didn't know why it had changed but as far as they were concerned everything was right.

Got a letter from council tax saying that my entitlement had changed now my husband is getting WTC so they produced an extra bill for last year @ £190 if thats what I owe its what I owe.

Called DWP ESA to find out whats going on because I never claimed WTC nor did my husband they have all details of payments under WTC and ESA support contribution based.

 

I am sure that somewhere down the line they have this wrong but DWP HMRC have both confirmed as far as they are concerned everything is correct.

 

My question is I have 2 weeks work as a trial to see if I can do it in the coming weeks and on speaking to DWP advisor today they have said I will not be moved over to UC if the employment doesn't work out because I am contribution based claimant, if it doesn't work out and my claim will just pick up where it left off before trial week.

 

Is this correct is there anything I need to do? I don't want to move to UC as it seems so complicated and I can't face going through the ESA forms all over again ... any I worry they will take away my indefinite entitlement it was such a long process and it makes me ill just thinking about it.

 

Does anyone know what I'm meant to be doing? 

 

I really do hope someone can help I will be eternally grateful 

 

OSW

 

 

 

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Information on permitted work under ESA

 

Permitted Work (Employment and Support Allowance (ESA)) - Turn2us

 

DWP does work with Citizens Advice in regards to Benefit Advice Services.  As you are clearly confused about your Benefits, it may be advisable to contact Citizens Advice to book a phone appointment with a Benefits Advisor.  They will discuss with you the issues you have mentioned and they will explain how the Benefits system works.  If they find anything is wrong with your Benefits claim, they can help you resolve these.

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

 

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Unclebulgaria 

 

You would be confused too wouldn't you they are paying me money which I have no clue where/why they are so I will try CAB to see if they can shed any light on this.

 

If anyone else has knowledge of these things please to comment, I think the more information is better to guide me through this process given DWP HMRC haven't a clue and CAB will be difficult to get hold of now with the covid situation

 

:)

 

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Are either you or husband entitled to the Severe Disability Premium ?

 

Has your husband started to work 16 hours or more ?

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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My husband works 20 hours and I get higher rate PIP on car and mobility 

 

I spoke to DWP no answer - CAB no answer - Turn to us no answer

 

I get disability premium but doesn't say severe disability

 

this is stressing me out

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Has your husband increased his work hours recently ?

 

I think the Working Tax Credits claim may have been triggered by a change in work hours ?

 

Is that possible ?

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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No has been on 20 hours since he returned to work ??? even DWp dont know why ??? comes to something when they don't even understand their own calculations !

 

One of the advice services said to me today there is no such thing as WTC anymore so why on earth have the put him down for it I think it maybe because I am contributions based rather than income based ESA 

 

Hence me panicking and stressing about accepting this trial employ !

 

I haven't slept in 39 hours so I'm going to try and sleep now but please don't think I'm ignoring you I will reply in the morning... unless I can't sleep again tonight then I'll probably reply at 3 am :) 

 

Thank you for helping me !!!!

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What was the change to your PIP award ?

 

What was the award before mandatory reconsideration ?

 

What was the award after mandatory reconsideration ?

 

The changes may relate to your revised PIP award.  Sometimes a change to one benefit can have a knock on effect to other benefits.

 

Has your husband claimed tax credits previously? 

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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Well still can't sleep ! I should be grateful for the 4 hours I managed 

 

Original DLA was middle rate care and higher rate mobility

Moving over to PIP standard care standard mobility 2 points off enhanced

Reconsideration was only meant to be for mobility part but they reviewed the whole claim and I got enhanced for both

 

No he is a

working director .... part time work so was paid within my ESA

His accountant sent back some form they sent us a while back with figures I did post a question about this form at the time can't remember what it was called.

 

16 hours ago, onestressedwoman said:

My question is I have 2 weeks work as a trial to see if I can do it in the coming weeks and on speaking to DWP advisor today they have said I will not be moved over to UC if the employment doesn't work out because I am contribution based claimant, if it doesn't work out and my claim will just pick up where it left off before trial week.

 

 

This is my real question though because entitlement to all benefit other than PIP will be lost

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All of the information you have posted suggests that what has happened in regard to the change in benefits is correct.

 

Because of your increased disablement benefit awards and your husbands accountant completing his employment earnings reporting, this has triggered the tax credits claims.  This is to ensure that as a couple your overall benefits are on the correct basis.  This is keeping you on the older benefits such as ESA and tax credits, as you would potentially be worse off due to your benefit entitlements, if you had to claim Universal Credit instead.

 

But it may be wise to contact CAB when you can to book a benefits review just to make sure.  

 

 

 

 

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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Well at least you can make sense of this THANK YOU

 

CAB didn't have any answers yesterday but they said that they would get another advisor to call me 

 

And Disable benefits advisor from another advice service is going to call me too 

 

But really the only one who has had a clue what's going on her is you so THANK YOU I'll keep you updated 

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