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Whitey_AFC

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  1. Ok I'll stick with it and see what comes of it. Do I mention the mistake to the mediator first thing and point out that it should be £201.44 and not the £1.44 it shows. I still have a bad feeling this will come to nothing but an offer of £36.44.
  2. Ok, but mention it first thing to the mediator and advise it hasn't also been picked up on in the defence. Are they not sort of picking up on that by stating ' The claimant stated on the 'order form' that the value of the parcel was £200. The claimant seeks to recover £1.44 plus court fees of £35.00. The total claimed is £36.44. Also on the mediation form (N180) it advises that IF you wish to accept mediation you are too put 'Yes' to A1 and fill-out the contact details in section 'B' , it mentions nothing about it being signed but I presume it does require signing on the last page. Then this is returned \ signed for to CCBC, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH
  3. Am I within my rights to cancel this via MCOL and resubmit ? I mean this is going back now to November 22nd, obviously it will cost me another £35.00 to do so. But upon reading the defence particulars it does mention ' The claimant stated on the 'order form' that the value of the parcel was £200. The claimant seeks to recover £1.44 plus court fees of £35.00. The total claimed is £36.44. So surely Hermes on the day can just say ok we're settle it today in full and only required to pay £36.44. Is there any law stopping it from being resubmitted ? I mean surely the amendment charge of £108.00 is there for a reason.
  4. You say this however upon reading the mediation cases most of which I read were Hermes related ... It seems a lot come across trying to knock you down and take the side of the courier, advising that you aren't entitled to the full amount and that you should settle for a lesser amount.
  5. And how did those work out ? I mean if I was to get a fair mediator on the day then likely the chances are the full amount would be sought. However although they are independent and this whole process being new to me I'm not sure. I honestly feel sick to the stomach now knowing I got this far and now it's on a knife edge! Had Hermes not been so bitter in the first place and accepted the loss of my parcel instead of trying to worm out of it then I wouldn't have ever needed to go down this route in the first place!
  6. My worry is that IF I do go ahead with that now the mediator will likely see I'm only claiming £1.44 despite the particulars of claim stating otherwise and like you say the defence not mentioning it. So if I was to say 'I'm not willing to budge and wish for the full amount to be paid' This will be agreed and I'll get just the £36.44 OR do I cancel this one off - Restart the process from scratch and pay £35 for the correct claim to be submitted. I agree it's an error on my behalf! But I honestly would have thought that someone may have brought it to my attention at MCOL's end when they were clearly processing it all etc.
  7. Looks like Hermes have won this one! Upon ringing MCOL they advised my claim is only showing as me claiming £1.44 .... I've logged it and it shows just £36.44 - £35 being the fee and £1.44 for the compensation !! So unlikely now I can do anything as she's advised to amend it will cost £108! God knows what's happened when I submitted as I would have put £200 somewhere within the MCOL claim and it just seems to have replaced that with JUST the compensation amount! I literally feel sick now being told that and knowing Hermes have got away with this one! Doc1.pdf
  8. Rung the court and they advised they can't advise .... Told me try MCOL got transferred but 5pm cut off so unlikely going to get my call answered in time. I guess this will just be another nail in the coffin of what is already a ropey defence if I'm honest! I think if it went to court and a judge saw a half arsed \ incomplete defence he'd surely grin!
  9. That's the same as on my paper Defence and Counterclaim copy ... It stops at 'The Claimant opted to increase the level of compensation for the Parcel and therefore, pursuant to the terms' Surely that in itself is either an error by MCOL or a failure on the defence ?
  10. Here is the defence, I have until 21st March to fill out the forms I received in the post which I think I'll go down the mediation route. That being said and reading the mediation form and agreeing to be flexible ... I'm willing to be flexible in the fact I'm not taking Hermes to court and happy to settle for the money I am owed as well as the court fee and any compensation.
  11. So I logged in today to Money Claim see if any updates since 11th Feb. I am now presented with the following: Claim Overview Please read this page carefully. From here you can decide what action you wish to take next. Claim History Hermes Group filed an acknowledgment of service on 02/02/2022 at 12:05:38 A bar was put in place for Hermes Group on 02/03/2022 Hermes Group filed a defence on 02/03/2022 at 16:05:15
  12. Update on proceedings with my case. Whilst I was away last week. I've received a letter advising that an acknowledgement of service to my claim has been filed today. The defendant now has a total of 28 days from the date of service of the claim to file a response. On the page attached 'Acknowledgement of service' It states ' I intend to defend all of this claim ' Signed Emily \ Trainee Solicitor 02\02\2022 I presume I don't need to do anything else at this point ? Just wait on Emily's poor excuses for defence
  13. MCOL was submitted Thursday morning early hours. I've now received a 'Notice of Issue' advising that the court have issued the claim which was sent first class post on 28th January and will be deemed to be served on the 2nd February. The defendant has until the 16th February 2022 to reply.
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