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    • end of the debt then as link will never get an enforceable agreement. hers is not the next move.    
    • rubbish! about ins. it just shows what you what an upset you have caused by outing their unlawful behaviour that the powerless burlington have run away and are hoping it goes no further than an internal telling off for pretending they have any legal powers whatsoever .
    • So could they file their appeal 3 years later for example?  I'm just wondering when I can put this whole mess behind me knowing they can't take any further action.  
    • Whenever they have prepared it.....I really do not see they have grounds to appeal or whether the costs involved would be worth it in this type of claim......but we shall see.   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52c-appeals-to-the-court-of-appeal
    • I started by doing it myself. Did exactly the same (aside from the forms were actually online - they complete the same paper forms and you get a PDF that looks the same as if you had filled them in physically). Did the inventory, and then the tax forms etc... everything was fine until they lost the will (which was sent by the most recorded/tracked/guaranteed service as well - apparently didn't get there).   Before I sent the will, I made copies (there was a copy already, stamped COPY), and I took a video of every page to prove it hadn't been tampered with in case it was lost. I must have had a premonition or something, as it was lost, but they sent me an email saying that they had received it, so I thought no more of it.   I've taken the whole thing back once already, and then passed it to the solicitor (actually the firm that has been linked above). If I do it again, that will be the fourth time (one application, one lost will questionnaire and subsequent application, and the application from the solicitor). I don't think it will speed things up at all.   I think the probate office/service has collapsed due to the "streamlining" and the shutting of sub-offices (in the middle of a pandemic - smart!).   It's no longer fit for purpose, but nobody seems to be able to do anything about it. My MP is as helpful as a chocolate teapot, the ombudsman is just as slow and has already said that delays are not worth looking into. Over 98% of probate solicitors surveyed by the Public Services Union, say the on-line application process isn't fit for purpose, and 57% have said that they have seen house sales fall through due to delays since 2019.   There has to be someone in government that wants to sort this out.
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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

where and who do I send the prelim letter to?


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I dont suppose it really matters as long as it reaches them. You could hand your Prelim over at your local branch which many people seem to have done.

 

I sent mine to

Ian Shepherd

HSBC Bank plc

Convetry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

 

I have had no response, just received statements, but I do know of people who have received offers after using this address.

 

Where did you send you Data Protection Request to? Could you not use the same address?

 

Louise

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