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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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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Hi just wondered if anyone can help. My 23yr daughter lives on her own with her 16month old son she does work. Anyway basically she took out an insurance policy for car insurance, then car breaks down and she ends up without one so doesnt need insurance anymore so cancels then gets a letter from the insurance to say she still has to pay the rest of the policy. anyway to cut a long story short its been backwards and forwards she filled a form out for them for expenditure and offered 25.00 a week but they refused and have sent the bailiffs round she wasnt there but they are suppose to be coming tomorrow what can she do. thankyou


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Has she been taken to court by the company and had a CCJ entered against her? It doesnt sound like she has, therefore they cannot send Bailliffs! Bailiffs can only come if you get a Court Judgement entered against you, and you then default on the payments set out by that judgement.


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This sounds like your daughter has received a County Court Judgment from the insurance co. You have not provided enough detail for me to give a detailed response but I will do my best.


It would appear that she is to receive a visit from a bailiff from the County Court. If this is correct then she has nothing to worry about. They are by far the most reasonable of all bailiffs and will provide advice on the necessary forms to complete etc. These MUST be completed correctly to ensure that the debt is not transferred up to a High Court Enforcement Officer and that she pays what she can afford.



Just remember that the County Court bailiff will not charge your daughter any fees for his visit.

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she did have a ccj posted to her which is when she filled the form in stating how much income she had in and what she paid out which is when she ofered 25 a month the court then sent the letter back stating that they would not accept 25 a month and they wanted 800 pound up front and as she couldnt pay that the bailifts came out and she wasnt in they have since sent another letter informing if she doesnt pay 800 pound by today the bailifts will be round to cease the goods she did ask for a suspended warrant but she never recieved the form any advise?


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She needs to get this warrant suspended as quickly as possible. This is most URGENT. The reason for this is that as this debt is over £600 it can now be transferred to a High Court Enforcment Officer to enforce and the fees charged to her would be simply unaffordable.


I would therefore urge her to contact the court ASAP.

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Just like to say everythings been sorted out and would like to thank you all on behalf of my daughter for all your help. thankyou:)


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