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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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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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in relation to this welcome have a habbit of putting in an acceptance fee before calculating interest

racks up the profit

again a no no

peter barred is your man on this

if they have filled it in wrongly then it is most likely unenforceable, this IMO is what you need clarifying. can you get any legal help, if so, a solicitors letter will get them moving pronto

 

LSC Website : Civil legal aid eligibility)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi, I've just used the calculator for legal aid and i am eligible for it.

 

I've not mentioned anything to Welcome Finance about my agreement, I wanted to get some advice of here first. so i'm not sure how i go about it

 

in relation to this welcome have a habbit of putting in an acceptance fee before calculating interest

racks up the profit

again a no no

peter barred is your man on this

 

i'm not sure if that is what they have done that's why i initially wanted Peter Barred to look at it but i've been told he isn't very well at the minute , A link is on this thread if you want to have alook it's not very readable though but that's the one they sent.

 

Thanks

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cant quite read the info on it but judging by the previous comments, and the agreement enforceability thread in which Peter explains the proper format - yours sounds like it fits. ring the LSC and find a solicitor that specialises in consumer affairs, google it, WFS are known about so it wont be hard, then they will look at the agreement and assess your liklihood of challenging them, they will take it from there, WFS continue to bully those they think they have a chance against in court (usually litigants in person) but they can and have been challenged in court

 

ps its Bard not Barred:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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very interesting. I think more than likely it will be unenforceable as most threads that i've read and other articles i've read about Welcome Finance alot of them have been. I'll get on it right away.

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Can anyone help me with my WF charges as i might aswell do it all together so i can give the solicitor an overall picture of what's been happening . Or do you think i should leave it to see what happens with my credit agreement as if it is unenforceable i won't need to reclaim anyway.

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ok great, well i'll leave it then. although i need to send two complaints to FOS and ICO. should i leave them till after i've been to the solicitor or should i still post them as i was going to tomorrow. Thanks

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my understanding is that the FOS will not pursue a matter that is going to court (cross that bridge when you come to it) and that the ICO may well suggest it is a court matter.

 

you could get the ball rolling and walk away if and when nec.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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hi animal lover can you share which solicitor you are using as it would be good if i could use the same ..... the more the merrier maybe even class action????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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I'm gonna go to the CAB first as i've been told to get it checked there to save some money, I'm actually struggling to find a solicitor near me that does it with Legal Aid. but i'm gonna see how it goes on Thursday when my local CAB is open.

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I've finally managed to post off my complaints to the ICO and FOS by recorded delivery but it seems only the ICO has been signed for so i'll keep checking on the royal mail website to make sure it gets there.

 

Also i finally managed to see the CAB regarding my Credit Agreement as i'm struggling to find a solicitor near me who does legal aid aswell. I've got to go back on the 23rd September to sort it out with some other things so hopefully i will find out then if it's unenforceable.

 

Today i've recieved a letter from the DCA who are dealing with it, I've not heard from them for months. should i send an account in dispute letter.

 

:)

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hi animal lover

just tell the dca by letter the account is in dispute as the ico, or fos is dealing with the matter

 

may i ask who is the dca

 

i may get my wrists slapped for this but a firm of solictors called stephensons will check your agreement for free

they deal mainly with yes car credit agreements, but ime sure they will check your agreement

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I recieved a reply from Welcome for the complaint i sent to ICO.

 

They told me that all the info i recieved in the S.A.R is all the information they hold on me. so that means they don't have.

 

Copy of Underwriting Sheet

Insurance Details

Details of who my policy is with including ref and PPI gaps

Copy of Default Notice

Details of the person who sold me the policy and confirm if they are qualified to give financial advice, along with proof.

Original agreement to be sent to Cholton for inspection.

 

I haven't heard from ICO yet.

 

What should i do know, should i leave it to the ICO

 

AL

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hi animal lover

 

people who leave posts on welcome, i allways get them to request info on ppi insurances, under writing etc

 

to date welcome have never replied to this request,

typical fobb off letter

from the beginning i have allways believed these insurances are in house for max profit.

if it can be prooved that welcome are doing this, it could be the end for them.

 

i think you need to contact the ico for them to order welcome to release this data

 

makes you think

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The Information Commisioners Office already have my complaint, they recieved it about a week ago so i'm just waiting for them to respond to it. I'm not sure anout the Financial Ombudsman complaint as it's still showing as not being signed for but i have recieved 2 or three replies to letters i sent at the same time that haven't been signed for so i'm hoping they have recieved it.

 

If they don't have anything on my PPI then how can they refuse to cancel it :mad:. And my default i've got it on all 3 of my files but they haven't got he default notice. I'll be glad when it's all over.

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