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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

CL finance issue court claim after 6 days? on disputed account


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Hi Mak

 

Yes, the Judge put in an order that if they don't comply to his orders by a certain date the case would be struck out.

Which i did phone and have it confirmed by the Courts.

 

Gaz

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Ah my case is slighly different, the judge hasnt said it would be struck out if they didnt comply,he has just requested them to submit answers to my AQ ready for the case management hearing in a cpl of weeks time, but gave them tues 28th as the deadline for answering my AQ questions/requests

 

So do i nudge the courts and ask them to let the judge know they havent complied again after the initial cpr request,or do i just turn up for the hearing and explain to the judge that howard cohen are abusing the court process and take from there?

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This happened to a friend of mine. I may be being stupid but why do DCA's instigate court cases and not follow them through?

 

Because most people who dont find this site panic and either admit the debt on the court papers or come to an agreement to pay.

 

S.

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Ah my case is slighly different, the judge hasnt said it would be struck out if they didnt comply,he has just requested them to submit answers to my AQ ready for the case management hearing in a cpl of weeks time, but gave them tues 28th as the deadline for answering my AQ questions/requests

 

So do i nudge the courts and ask them to let the judge know they havent complied again after the initial cpr request,or do i just turn up for the hearing and explain to the judge that howard cohen are abusing the court process and take from there?

 

 

Hi Mak

 

That's what i'm dealing with with the other Court case with them.

1st one got struck out, the 2nd one there going through with it.

Court date set at 28th September, but as of now not received anything from my CPR request which i sent to Howard Cohen on the 10th March.

 

Gaz

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  • 2 weeks later...

Case management hearing coming up this Friday,

is there anything else i need to do now,cohens still havnt responded to my cpr request.

 

Briefly judge ordered cohens to reply in relation to my AQ by 28th July ready for the case management hearing ,

I rang the court up , cohens hadnt responded, i spoke to cohens and recorded the call ,they admitted they hadnt submitted any response to the request the judge had ordered them too,but would be submitting one albeit it late,:mad: (how do they get away with it)

 

 

So do i need a new skeleton defence or do i just still plead the embarrassed defence and im disadvantaged as they havnt complied etc etc

 

mak

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Hi Mak

 

Sorry to hear your still getting grief from Howard Cohen, i'm still in the same boat as you. Not heard anything from Howard Cohen.

I'm sending a letter to the Court tomorrow stating that i can't put in a defence as the claiment has not sent me any paperwork to defend my case.

 

So good luck for Friday, hope they get there finger out and send you the paperwork through.

 

Gaz

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hiya mak71

 

wishing you luck and getting this done and dusted

 

will catch up with you soon take care and have a fun rest of your week

 

keep happy laters angel x:)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Watch out for the 'moral' argument Mak....remember this is a law court and not a moral court.....just stick to your points on them not complying with the CPR and why you need it.......get the judge to give them an 'unless' order i.e. if they don't provide docs under CPR in 7 days then strike out.....stick to your guns...or get an N244 in ordering a strike out !!!

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