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    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
    • FAW counts Red Flag limousines, used by China's communist party leaders, among its products. View the full article
    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
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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

great news i ve won


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Originally Posted by johnruntings

hi ell enn a up date as to what went on yesterday took all the sheets to court and got a duty solitor to go in with me capstone are very very nasty my offer was workable but they would not accept it based on the fact they could trust me to pay up i got the ear of a nice judge who told me to be carefull as i am living on a suspended warrant and stopped the eviction there solictor told me outside if it was down to her she would have accepted it and capstone are one of the nastyness cilant she has dealt with so be carefull i will be making plans to work for the local housing aid and surrporting members on this forum i saw alot of people in the same boat as myself and they need help and i cant stop thinking about the poor woman loulip who has today lost her home because capstone and that awful woman judge woulnt reason with her once again thanks i wont forget what you did and come the rest of you out there dont give up your home is worth fighting for

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Interesting, John. Capstone are trying to evict me and I'm fighting it too. It is interesting to here the Capstone Solicitor says they area a nasty client.

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if i were you dont talk to them on the phone put everything in writing they even phoned last sunday when i thought they were closed to scare me they wanted the arrears plus a lump sum for future payments if you see the judge be adamant you intend to clear the arrears then you should be okay

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Hey John

 

I Am so happy for you, hate to say I told you so but Yeah I told you so.

 

Congratulations mate.

 

now you need to stay focused and get well, get back to work and take care of the family.

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Capstone are not the easiest to negotiate with it is fair to say. But remember - Judge's have the power to suspend a possession order or a warrant IF they are satisfied that the arrears can be cleared within a reasonable period of time. S36 and S8 of the Administration of Justice Acts 1970 and 1973 are the appropriate bits of Law, and reasonable period is set out in Cheltenham & Gloucester v Norgan. If you are able to satisfy the Judge of your ability to pay generally they will suspend. Negative equity is I fear going to become more of a problem, as any suspension might prejudice the claimant, but nevertheless a damn fine result today.

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