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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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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

Abbey and other questions ** WON **


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Hi, Any takers on the contractual interest part of my statement of evidence? (post #93) or is the consensus that it doesn't really matter?

 

I got an N265 form from the court yesterday - the official form for Standard disclosure by list. The first part says "I did not search for documents pre-dating......"

Am i right in thinking that this date must be the date of teh ealiest case example to which I'll refer if necessary i.e 1886 Elphinstone v Monkland?

Also, I'm just a couple of hundred yards from Triton Sq so can I just serve the documents in person addressed to Inga and get a receipt from the receptionist?

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so as of 4pm yesterday, (the deadline set by the judge for standard disclosureon both sides), Abbey have niether filed their docs with the court nor provided me with SD by list as directed.

Is it worth writing to the judge to point thisout? Anything else I can do to chivvy things along?

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well I guess that the ball is firmly in teh bank's court as it were so if no-one has any suggestions I'll just sit back and wait.

 

One other thing, if they offer to settle (in full) before the hearing, is it worth trying to get the charges they levied a week ago as part of the settlement to avoid going through the whole thing again (charges that, needless tosay, wouldn't have been incurred had they paid up earlier)

 

Has anyone tried this?

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So, the bank didn't serve their disclosure list to me, didn't file their documents with the court and now haven't responded to my email asking if they want to settle out of court given that the hearing is next week.

 

So I just sit here and wait. Btw how many contractual interest cases have Abbey settled - anyone know?

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after an emaikl or two, James has offered me charges + interest @8% plus costs. I'm charging contractual interest. He says that Abbey have successfully defended contractual claims in court. I don't think that this true...Anyone know of ANY case where Abbey have turned up to defend and won?

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Well either way it's now academic. the bank has offered to settle at 8% plus court costs plus 24 hours preparation time and I've accepted. I guess I could have held out for contractual but and gone to court but given Glenn's recent travails, I felt happy with waht they offered me.

 

Or, to put it another way - I WON

Big thanks to everyone on the site who has hepled, particularly thewifeandi, missphant, the_phoenix, tanzarelli karnevil and alanfromderby. Donation will be given as soon as the money's in my account

Now, to start on reclaiming the 240 quid they took off me at the start of this month...

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