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    • Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.   They can't just get a default judgement.
    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

tresspass notices being issued


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Long story cut short ....

 

New ppc round our area (portsmouth) seems to be taking over the world in last few months.

 

Parked in a retail park in pompy, got anearly christmas present inviting me to pay 75 quid to them. As per usual, ignored the notice etc (I'm not that stupid to pay it !)

 

They have got dvla details, and have written asking me to identify the driver (nice of them to try !)

 

Ignored, and one I haven't seen before came through this morning : trespass notice. ' Further to our letter of blah blah, you, as the registed keeper of blah blah vehicle, are being notified that the land managed by parktech, including parking areas, car parks, service roads is private land, and thus we may restrict entry to that land, on behalf and as agents of the landowners.

 

You are notified that as from the receipt of this letter, your invitation to enter land managed by us is withdrawn. As the owner of the vehicle specified above, it is your responsibility to inform all of the vehicles users that they are no longer permitted to enter parktech managed land.

 

We will keep on file the outstanding parking charge, and will take action against the vehicle, and its occupants if the vehicle is seen on parktech managed land. This may include an injunction, or removal of the vehicle and its occupants from the private land, using as much force as is necessary to effect the removal.

 

Do not ignore this notice.

 

 

 

Well - I know you can be banned from stores etc, or ant private land, but didn't realise that this tactic was in use !!!!. Think its just a scarry letter to try to say ' we know we can't make you pay, so we are trying to inconvienience you as much as possible, in a hope you decide to pay up '. Unless they get every parking space, road, in the area (never will happen!), then its an empty threat.

 

Anyone seen any of the other ppc's come up with this ?

 

Don't even think cps has stooped this low !!!!

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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Wow twice in one day Dorst comes up as applicable. this is fun ! use land registry to find the actual owner. write to them ! ask if the PPC is an agent of theirs. and write to the head office of ALL the retailers there telling them that this PPC is attempting to prevent multiple customers from using their outlets. Include a copy of the PPC letter and CC; the letters to the retailers to the Head of Customer Services and the Head of Legal Services. also as a separate thing find out the rates being paid for the car park :) looks like it should be a business rate, if its not then someone needs to pay up. try here Rating Lists on the Internet - Homepage and their letter is rubbish. hey are trying to deny entry to a specific vehicle not a person. complete crap.

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You are notified that as from the receipt of this letter, your invitation to enter land managed by us is withdrawn. As the owner of the vehicle specified above, it is your responsibility to inform all of the vehicles users that they are no longer permitted to enter parktech managed land.

 

We will keep on file the outstanding parking charge, and will take action against the vehicle, and its occupants if the vehicle is seen on parktech managed land. This may include an injunction, or removal of the vehicle and its occupants from the private land, using as much force as is necessary to effect the removal.

 

How can they ban you from ALL Parktech managed land as presumably they were acting for the landowner on the first carpark?

 

Therefore if you were in Mr Smith's car park to get the first ticket, how can they clamp you in the 2nd car park where they are acting for Mr Jones when it is nothing to do with him and he may well object strongly to them harassing one of his customers?

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It did make me chuckle all morning after reading it.

 

Its almost like a child - you won't give me any money, so I won't let you park in any of my car parks.

 

Funny thing is, one of my friends is the store manager of one of the shops in the retail park - I was visiting him !. He's got about 40 tickets so far, ignored every one, and nothings happened yet. He's waiting for them to clamp...

 

Its one of those sneaky operations - write the ticket in the car, slap in on the screen, take photo, and then run back to car, and hide until next sucker comes along.

 

Writing letters now, will let everyone know how many replies I get, and how long this 'banning' lasts for....

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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I can think of an interesting situation that could arise if a company were to take my vehicle.

 

It is a van, and occasionally, there are shotguns, and ammunition, in the back.

 

All quite legal, a locked vehicle is deemed to provide the required security - and I have the necessary permit to allow me to be in possession of the guns..

 

However, if someone were to remove the van and the contents, they would then, [presumably], be in possession, without the necessary.....

 

An arrestable offence, I guess....

 

Sameagle.

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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However, if someone were to remove the van and the contents, they would then, [presumably], be in possession, without the necessary.....

 

I think you should keep the shotguns in the van at all times,, just in case. :grin:

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that would not be legal either. or wise. would just be guilding the lily anyway - criminal act regardless of the contents of the van. the ARU turning up would be fun though...

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