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I think you're correct Peter, Could there be a claim using the Durkin precedent ??? Regards -
By BankFodder · Posted
I haven't looked at all the details you have given about the claim – but I have seen that in your first post you say that you believe you probably do owe the money, that it is about £250 and that you are prepared to pay it and you are particular concerned as to whether the claim will be dropped so that you won't have a judgement which will impact on your credit file. The answer is yes, if you pay the sum claimed plus costs – then that would bring an end to the matter. I suggest that you email the claimant immediately and tell them that you are paying it and that they can withdraw the action. They will want the money before they withdraw the action so you need to get that moving. If later on you feel that there is a mistake and you shouldn't of paid it then we can help you recover it. But probably in view of the relatively small sum and the long-term impact on your credit file and mortgage hopes, the best thing to do would be to pay it. After that if there is any dispute – you will have the moral high ground -
By BankFodder · Posted
You can start off making searches on the land registry website to check the owners of properties. However, if property belongs to his wife then I can imagine that this guy has already protected himself by making sure that he has no assets personally. Also, starting off by trying to claim a larger sum in the hope of getting a smaller sum – won't work. I think is extremely important that you are realistic about the situation immediately. In other words, find out exactly what the cost of repairs are and then set that gets the money you've already paid/money not yet paid – and then come up with a figure. There's no point in setting yourself completely unachievable targets which will simply have the effect of discrediting your claim. When you come up with a proper figure then we can start to discuss options. I see that apparently he says he is still insured that he has either refused or he has failed so far to contact his insurers. Also, I asked you for a clear bullet pointed chronological breakdown of what has happened – and you haven't provided it -
By honeybee13 · Posted
Hi. Well, we're a consumer group and we'll do our best. Please wait for the forum regulars to turn up but I think your last paragraph says a lot, it's a significant case for the PPCs and could deprive them of income. People should be along later. HB -
Yes. we realise that there has been an error on his part but he had been in contact with them all before Christmas (about 6 emails) and he also had correspondence a few days before telling him that they were having to cancel his shift on the 27th but was still on the rota for 28th December. He didn't occur to him that they did not know as when we received his result he wrote to inform them (which didn't get sent).
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
- 31 replies
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waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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