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yes you should have addressed this 3yrs ago... it's not your home and to all intent and purpose for the last three years have been all but renting it by paying everything...poss for a quiet life which is understandable. not my bag so i'll butt out now unless i can see my input helps.
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let hope so, did you get the MCOL access sort BW?
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its not usual with but covid changes.. typically what the court has done since covid is say hey you two, get together, exchange WS's by xx date, see if you can narrow issues is the real reason, the court hopes one or the other gives in. less hassle if you don't they usually have stated a date a few weeks later whereby the claimants solicitors forwards both WS's to the court. in your case the court appears to have requested to poke their nose in earlier than usual which is of no use to them, as the judge wont see them till the hearing anyway...so although not regarding PNC cases, bar one i think, what we see here is the claimants solicitor ignore the earlier date and simply file theres by the last due date without earlier involving the defendant at all. what i will guess because BCD(L) is rather new to the game, they've not yet found out they can all but ignore the earlier date. this has ofcourse give you a huge advantage.
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the po is for the CCA which you don't need to repeat and anyway that goes to the claimant and nothing to do with the pap reply to their solicitor that sent the pap
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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
Picked By
waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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