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He is also trading under James Marshal cars on eBay - same details. -
Hi all, Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement! Defence due Friday by 4pm. I have updated my defence below based on your points Dx. Many thanks. Would you and Andy mind having a scan over before i send off on Friday please? Cheers in advance as always Particulars of Claim 1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement') 2.The defendant failed to maintain the required payments and arrears began to accrue 3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant 4. Despite repeated requests for payment the sum of xxx remains due and outstanding. And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs Defence: The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant. 2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925. 3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon. 5. The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6 a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement. 6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:- a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. -
the mortgage it protects is still active is it not? -
Ok thanks, i'll have a read and finger crossed. I wonder if there is a possible angle with Aviva if not as it transferred to them in 2011 I think it was 😕 -
you contact the operator of the actual ATM machine with the time and date go look at it and there will be a number on there to ring they will know the money was not dispensed the next time it is refilled it also keeps a log and the camera footage outside and inside the machine. though yes its not quick took me 3mts once to get £100 back out of Link.
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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!
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