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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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Does anyone know how I go about getting this for my eldest daughter.

 

I have PR for my youngest, as she was born after the law changed, but I do not have it by default for my eldest.

 

The mother consents wholeheartedly to this, but I went on line to try and find out how to get PR and the Court's website would only throw 404s at me when I clicked the links that looked relevent to me.

 

Someone must have gone through this and can point me in the right direction.

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I remember helping an Ex fiance with this one when she wanted her partner to have parental responsibility for their son. The way to go about it is to go through the courts and make a Parental Responsibility Agreement. If I recall correctly it was just a case of form filling at the court and approval being given by a judge.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Cheers chaps - I think I'll give the court a ring. Does it need to be a magistrates court does anyone know?

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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I believe it has to be County Court.

When you've had all the help you need, make sure you stick around to help others too!

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ok, hopefully this will help.

 

"he may also take steps to acquire parental responsibility by means of a formal parental responsibility agreement with the mother or by obtaining a parental responsibility order (S4. Children Act 1989 as amended).

 

In S v R (Parental Responsibility) 19933 the court stated that the matters to be considered before granting a parental responsibility order to a father are:

 

1 the commitment shown towards the child by the father

2 the degree of attachment between father and child; and

3 the father's reasons for applying for the order.

 

Even where these conditions are satisfied, the court will not necessarily make an order. (see Re L contact (genuine fear) (2002)

 

 

I believe you would need to file Form C1 (or C2 if there are already proceedings ongoing)

The applicant must join as a party every person whom he believes to have parental responsibility.

On filing the application with the court, it will fix a date for a hearing or a directions appointment.

 

 

(The above is taken from the Institute of Legal Executives Tutorial College Family law and the Family Practice course manuals).

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It doesn't require a hearing if the mother of the child agrees, as in Dave's case.

 

An order is only require if the mother contests the fathers application.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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seems to me it needs an application with a consent order signed by all interested parties possibly with witness statements attatched

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It doesn't require a hearing if the mother of the child agrees, as in Dave's case.

 

An order is only require if the mother contests the fathers application.

 

Irrespective of whether the mother agrees or not. The poster will only have parental responsibility OFFICIALLY if he goes to Court, files the paperwork and has it rubberstamped.

 

Otherwise the mother can just as easily withdraw consent and state it never happened!

When you've had all the help you need, make sure you stick around to help others too!

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...Someone must have gone through this and can point me in the right direction.
I obtained a Parental Responsibility Order for both my children a few years ago, even though it was contested out of unnecessary spite.

It took me a couple of years + zillions of Family Court appearances.

I didn't gain anything tangible by having succeeded, but I'm glad that I did fight for it.

My children will always know that they were loved + wanted by their father, + that will be important to them eventually.

...8)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Irrespective of whether the mother agrees or not. The poster will only have parental responsibility OFFICIALLY if he goes to Court, files the paperwork and has it rubberstamped.

 

Otherwise the mother can just as easily withdraw consent and state it never happened!

 

I believe that is what I said here

 

I remember helping an Ex fiance with this one when she wanted her partner to have parental responsibility for their son. The way to go about it is to go through the courts and make a Parental Responsibility Agreement. If I recall correctly it was just a case of form filling at the court and approval being given by a judge.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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I believe that is what I said here

 

Well the way you worded this post:

 

 

 

An order is only require if the mother contests the fathers application.

 

seemed to imply that it wasn't necessary if there was consent! Hence my reply that in Court an Order can be as simple as rubberstamping!

(as many know from those nasty DCA CCJ rubberstamping jobs!)

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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I didn't gain anything tangible by having succeeded, but I'm glad that I did fight for it.

My children will always know that they were loved + wanted by their father, + that will be important to them eventually.

...8)

 

...and partly, that is one of the reasons I want to do it too.

 

That, and the fact, that by a strange twist in law, if anything should happen to their mother, my eldest would legally go to their grandmother and my youngest would come to me.

 

Stranger than fiction!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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