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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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Consumer dude

Electronic signatures

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Just attempted to sign my signature for a delivery on one of those devices that is not pen to paper, tried but it failed to look anythink like my signature, What is the point of these devices ?:confused:

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lol, I get ya drift! I have a smiley at the end of mine, and even the bank doesnt notice when I make it a sad face!

 

I pulled the manager up on this as theres a HUGE difference between a happy n sad face, n he got really irate at me!

 

In terms of the handheld signiture things, they're a waste of time. I bet if you sign "Joe Bloggs", the guy/gal wouldnt care!

 

Whats the whole point of signing anyway?

 

Jeez, in the old days, the postie KNEW where he was going and he even knew the people. These days, its just........ an industry.

 

So much for modernisation.

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Well, as the signature is 'captured' it can be used by the courier company to prove you accepted the parcel, and for all we know retain the image file and process it next time they have an unsigned delivery, to 'prove' you actually accepted delivery.

 

Cynic, me? :)

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couriers will be called upon in court for identification.

 

sorry, had to point that out.

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Court? AFAICR, the signature does not need corroboration, unless challenged. and in any case, cout action would be pretty remote!

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the point is that you signed for something, the courier will vouch for that.

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had to sign for something in a shop recently and the woman on the till accepted my signiture

 

wasnt untill the next store refused to accept it that i realised i hadnt signed my card yet


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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If its a refund I always accept the signature regardless if the card is signed... (I am putting money back on your card are you really going to say you didn't authorise that???). Though I do always point it out, I even do it if its being done by chip and pin and I can see the back of the cards with the machines we use at work.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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lol, I get ya drift! I have a smiley at the end of mine, and even the bank doesnt notice when I make it a sad face!

 

I pulled the manager up on this as theres a HUGE difference between a happy n sad face, n he got really irate at me!

 

In terms of the handheld signiture things, they're a waste of time. I bet if you sign "Joe Bloggs", the guy/gal wouldnt care!

 

Whats the whole point of signing anyway?

 

Jeez, in the old days, the postie KNEW where he was going and he even knew the people. These days, its just........ an industry.

 

So much for modernisation.

 

I don't think it matters does it, you could sign Queen Lizzy 2 if you want and it would still me your signiture, its YOUR MARK just as an X is your mark, so anything penned by your hand is your signiture, or am I barking up the wrong pencil!!!!

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Hmm not too sure. But I would say whatever you signed on your "Passport" or "Photo identity Card" is your recognised sig.

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