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    • All further indications that Johnsons' 'guvernment has no intentions of dealing fairly.   Bet Gove was arguing against a less blatant lie and cheat stance that trashes the Uk's international standing.   I'm waiting for other nations to do the same with the deals the UK has struck with them once its in their interests: Following your example, we have unilaterally amended our agreement Boris. We will now send you the bent bananas you desired for twice the price of straight ones. Chew on that - as long as you pay in advance.
    • Did you submit any kind of response to their defence submission?   You are perfectly within your rights to do so and can use it to elaborate on the facts and present the legal arguments behind your case.  Just write it in the same template as their defence and send it to them and the court.  Ensure that they acknowledge receipt as it will become evidence.   It also gives you the chance to unpick their defence, apply for parts to be discounted where you can argue for such a move and make the case why their request for costs should be dismissed.   Look up the legal definition of unreasonable conduct as that is the only reason for permitting defence costs in the small claims process.  Then state why you have been reasonable and why they are unreasonable.  This usually is because they never reply to emails, never listen, reject all requests through their own processes and leave you this process as the only available course of action.
    • When I said Europe wouldn't be pleased to see David Frost back, I didn't expect that within about a week of being appointed he would unilaterally extend the grace periods for goods travelling to N Ireland and risk legal action and damage to the UK's reputation in the world. It's quite concerning to me, but clearly not to the government, what's being said in NI by unionists and loyalists.   It's hard to believe he was our ambassador to Denmark when he behaves like a night club bouncer and only seems able to negotiate by confrontation.
    • Hi Scourge, No, no mentions of birdstrikes.  Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect.    All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements.   Yes, the solicitors quoted £350 as cost of them preparing this defence.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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with fairy dust

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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really happy because

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Merry Xmas everyone

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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