Jump to content

  • Tweets

  • Posts

    • English school leaders despair over new rules on Covid tests and  masks   https://www.theguardian.com/education/2021/feb/25/english-school-leaders-despair-at-soft-line-on-covid-tests-and-masks
    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

IM vs AMEX - Help with defence

Please note that this topic has not had any new posts for the last 3973 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi IM, Just pm'd you my case details for the version you submit to the Respondent.


From a quick glance it looks good. I would consider replacing the second sentence section which currently reads


"who has made an appeal which has been granted by"




"where an appeal has been granted by"


Also, be sure to put cc. District Judge, [XX] County Court

at the bottom of the letter.


Make sure you send a copy of the letter to your Court. by registered post or by hand. Check the Court receives it. Also Register or Special Deliver it to the Respondents solicitors.

Edited by shakespeare62

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege


Please see the following copyright statement

Link to post
Share on other sites
  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Just wondering if you should change the first line of your second para to read


"The above case deals with the same points that have been raised in my defence..." ?


The difference is subtle, but I think it implies that it deals with the Respondents arguments as well which are essentially the same


Hopefully you'll get some more suggestions / comments before you submit it.

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege


Please see the following copyright statement

Link to post
Share on other sites
  • 2 weeks later...

Hi all


Sent off the Stay request to MDR with many thanks to Shakey for his help, and we've now received a reply from them stating that they are surprized we know of Shakey's case and want the following information as to why we want an adjournment:


1. Why do we think our case is the same as Shakey's?


2. If Shakey is unsuccessful, how will we move forward with our case?


They have also stated that they want my witness statement as it is so late and they think I am trying to obtain an adjournmet to delay my witness statement.


As the hearing is coming up soon, any advice would be appreciated.


Many thanks,



Link to post
Share on other sites



First reaction would be to tell 'em to p off and work it out for themselves but............... with all things not being equal I'd respond something along the lines of:-


Dear Mdr


It is more than apparent that there are striking similarities between the 2 cases cited.


Your client has (as above) proceeded with a part 7 action without first conforming to said part of civil procedure rules - inter alia, the evidencing of a duly executed agreement compliant with the Consumer credit act 1974 complete with prescribed terms.


With regard to any future instruction to your client and in their abeyance of the above, I am unfortunately unable to advise in this matter.


Up yours etc etc



Link to post
Share on other sites

You could also add something along of the lines of


Obviously your clients are very anxious for my case to proceed before the outcome of the Shakespeare...... appeal on 25th May, but this case is clearly relevant to my Defence and therefore it is wholly reasonable that your clients should agree a stay until after that date.


You could also say you will make an application directly to the court if they don't agree, but for the moment I'd leave that until you get the reply to the first letter.



Link to post
Share on other sites

Thanks Gezwee and DD :)


I will construct the letter today and get it in the post tomorrow.


Shakespeare sent me the following to add to the letter;


1) I am are aware that Shakespeare was granted permission to appeal on all points by His Honour Judge XXXXX who stated the appeal had a realistic prospect of success.

2) My Default Notice, covers the same issues being dealt with by Shakespeare's appeal. Specifically that the claimant issued a Default Notice route and terminated the agreement; That the claim is fatally flawed due to the Default Notice which allegedly failed to allow 14 statutory days to rectify a breach.

3) That the Default Notice failed to contain mandatory prescribed text required by the Regulations

4) That the Default Notice contained penalty charges alternatively unfair charges under UTCCR 1999.

5) That the authenticity of the alleged original agreement is disputed and that it is undergoing detailed forensic examination with a full report to be produced to the Court.

I understand that the outcome of Shakespeare's appeal would be persuasive upon my case. Should it proceed to a full trial in the High Court, the result would have a binding effect upon a lower Court.


Any further comments would be appreciated.


Many thanks,



Link to post
Share on other sites

Even better, but in 2) why do you have to say ..."the Default Notice which allegedly failed ..." ? I'm sure there must be a reason, but I would just put "failed" as I think it makes you look stronger to MdR. However, I stand to be corrected. :)

Link to post
Share on other sites
  • 2 weeks later...

Hi guys


I sent MDR a letter with the information they requested regarding my request for a stay on the claim pending the outcome of Shakespeares case.


To date I have not heard back from them so I rang the Court today and they basically said that if I don't hear from MDR soon, I need to come in and pay for a stay (£40) as the hearing is fast approaching.


I have also not filed my witness statement at the moment as I was hoping the case would be stayed.


Any advice would be appreciated.





Link to post
Share on other sites



I think you should fax or call (if you want to) MdR and tell them that unless you get immediate confirmation that they are agreeing to a stay you will be filing an application first thing in the morning, which obviously they will then receive by DX, and will also be applying for costs if you have to have a hearing as a result.


I'm mentioning the DX because the solicitor in the other side in my case tried to pretend he had only received the notification the day before the hearing so wasn't given enough notice which the court said was rubbish because it had been DX'd on the very same day.


They are supposed to be given three clear days notice of any application so you are pushing it a bit, so need to contact MdR this afternoon, and get that application in first thing. You can argue that you were waiting for their reply.



Link to post
Share on other sites

Thanks DD


Just done the fax to them that I need to know asap (by 10am tomorrow) or I will be filing through court.


Keep you posted.



Link to post
Share on other sites

Hi Guys


Just to let you know that MDR accepted the adjournment request pending the outcome of Shakespeares case and both parties signed the 'Consent Order' for adjournment. :)


I went and handed in a copy and MDR faxed a copy to court of Friday. I rang the court this morning for an update and MDR have told the court in writing that in light of the adjournment 'Consent Order', they will not be attending the scheduled hearing.


Thanks guys.



Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...