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    • Hi Scourge, No, no mentions of birdstrikes.  Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect.    All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements.   Yes, the solicitors quoted £350 as cost of them preparing this defence.
    • Almost £100 a day for a courtesy car??? Sorry, but somebody has seen her coming and is treating her as an open cash till. Who recommended that?     If it seems muddled to you – then how do you think it feels to us when we are receiving this information third hand. I think that you want to get her to come here and to give us the story first hand and also as already suggested, I think that a carefully drawn diagram with a key as to whose who is essential. Having some kind of printed off map with Mr XXX and Mr ZZZ blah blah blah. On the basis of what we've been told, it appears to us that she was driving along minding our own business and then somebody who was parked on the same side but facing into the traffic pulled out directly in her line and she took avoiding action.   And this is shocking treatment as far as I'm concerned because apparently her own insurer is saying that they are stuck because they don't have evidence and so they are putting their hands up to another insurer/driver who presumably also doesn't have evidence. I think you are dealing with a lazy insurer that isn't really interested because they only involve the third party insurance – not comprehensive so that they know that they are going to take a particular loss so they're not bothered. Do we have any idea of what the other side story is? Or has that not been revealed to you? We can deal with this and we can help you challenge this and probably with a high chance of success – but we need better engagement. I understand that your sister is pregnant – but pregnancy isn't an illness – and I think that she would feel empowered if she got to grips with this directly. Certainly, what we need is better engagement and if it has to be you acting on her behalf – then the first thing you need to do is make sure you understand the story because if you don't then what snowflake's chance in hell do we have?
    • Just a moment of caution – have any of the papers at all which you have received referred to this mystery phone and phone line?
    • I think it would be a decision form about the decree from the court but maybe the letter from Nolan's is enough to confirm the decree was granted.   Sorry Stepchange did say that, I'm just more familiar with the term bankruptcy. So you think I should apply for a moratorium to all my creditors just now just to pause it while I decide what to do?
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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

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Hi there

I think us Dog Owners have now got a 100% "Get out of Jail" Card.

 

Unlike other countries that seem to have a well defined written constitution and both a "Civil" and "Penal" code for their Law, English Common Law seems intentionally vague and in this case it could be on our side too for once.

 

Baliff's have a right to gain PEACEFUL ENTRY into a property.

 

Now I doubt whether even people living several doors away hearing 2 Dobermanns barking with ferocious fury would agree that a "Peaceful Entry" was being attempted.

 

In this case surely there is utterly NO QUESTION WHATSOEVER of a Peaceful Entry -- so presumably 99% of people who have dogs would be totally exempt from a Bailiff ever gaining access to a property.

 

 

Good one for "The Doggies". They weren't called "Mans Best Friend" for nothing.

 

Well done Doggies.

 

 

Motto for 2010

 

" A Post A Day will Keep the Bailiff's Away".

 

Cheers

jimbo

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'Peaceful entry' is when they gain entry to your property by invitation, through an unlocked door or window, or climbing over a fence/walking through an unlocked gate. If it clearly states that there are dogs in the property, then I think it would be rather silly of them to gain entry whilst the debtor is not about, for their own safety more than anything.

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direct invitation: being asked to enter by someone

open invitation: open door or window

 

both of theses are peaceful entry.

 

Threshhold entry: pushing past, foot in the door

Not peaceful entry

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Hi there

 

 

Good one for "The Doggies". They weren't called "Mans Best Friend" for nothing.

 

 

" A Post A Day will Keep the Bailiff's Away".

 

Cheers

jimbo

 

I have to disagree Jimbo. I always keep a couple of large bags of pork scratchings in the boot.... then im usually the "dogs best friend" :)

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I have to disagree Jimbo. I always keep a couple of large bags of pork scratchings in the boot.... then im usually the "dogs best friend" :)

 

 

You aint met my cousins dog then, retired mod police dog ! try feed it not being its owner, think you'd end up dinner ! lol

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Hi there

 

Actually my dogs are really peaceful when eating their dinner -- however if anybody says the words "Bailiff" or "DCA" you could probably hear them barking a mile away at least.

 

I've now added another hate word to their vocabulary - "Rossendales" -- then they REALLY go mad.

 

Cheers

jimbo

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Hi there

 

Actually my dogs are really peaceful when eating their dinner -- however if anybody says the words "Bailiff" or "DCA" you could probably hear them barking a mile away at least.

 

I've now added another hate word to their vocabulary - "Rossendales" -- then they REALLY go mad.

 

Cheers

jimbo

 

:lol:, good idea, at the moment "see them off" gets my 3 going, so I'll get them to know Bailif and Rossendales as well .. like it ;-)

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