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so you not questioned the fact the CCA is a editable document etc etc ? -
OD's only might poss be covered by section 5 i believe... did you ever sign anything on either OD, if not pointless sending a CCA. as for if or when you get any returns for any CCA requests start a new topic in the name of the OC and scan up the CCa return to one multipager PDF read our upload guide carefully
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By BankFodder · Posted
I'm afraid that although strictly speaking their defence should be struck out and judgement awarded to you, in practice we see that there is a lot of latitude with these people and judges prefer to admit documents even at the last moment – at the time of the hearing. It's profoundly unfair. If this does happen then the only thing I can suggest would be there in the event that you win, that you point out their unreasonable litigation behaviour to the judge and that you asked the judge to exercise exceptional discretion to award you litigant in person costs. In order to be prepared for this, you would be advised to stop keeping a close note of all the time you have spent on this – right from the beginning – including preparation – and list it all out in a spreadsheet. Don't go for a money grab. You must keep it very realistic and completely supported by evidence or at least don't make any claim that a judge might consider it would be unreasonable. It's unlikely that your claim for costs would succeed – but there is nothing to lose by putting it in – as long as you win, of course. Is this a new problem or is this something that we've already been helping you with? -
By BankFodder · Posted
Maybe now is the time to tell him that you have reported the car is stolen and that you have a crime reference number and that you have an interview with the police later on today or tomorrow. Maybe you should also tell him that you know about his company and his shady partner
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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!
Picked By
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-
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Picked By
BankFodder, -
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