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By Badgergirl25 · Posted
Received today... Good morning We write to confirm we are still awaiting further documentation on this account from our client, specifically the Default Notice. The statements sent were the first lot of documents we received from our client that we sent for your information. We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the date of default was 9 November 2016 and legal proceedings issued against you on 8 March 2017. Therefore 6 years has not lapsed since a cause of action was issued against you and therefore the debt is not statute barred. We will contact you upon receipt of further documentation. Kind Regards Sarah Gledhill Officer drydensfairfax solicitors Direct line +44 (0)113 823 3443 Fax +44 (0)113 823 3898 -
Thanks for the reply, Mix of council tenants and leaseholders like me who has a mortgage on it. I spoke to their office but they won’t allow me what I can afford to pay monthly around (£60) but asking for 12 months plan. And total for all service charge and major works is just about £6000. I didn’t pay last year service charge so that’s two this time
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By lookinforinfo · Posted
As you are not liable for this PCN I think that we could try and head this off at the pass to coin an old wetern film cliche. To save the time of yourself, CEL and the Court you could send a Cease and Desist letter to CEL. basically saying that you are not responsible for paying the PCN as you were not the driver and there is no keeper liability involved. You are not prepared to divulge who was driving so if they want continue to go to Court not only do you have a complete defence to their claim but you will be expecting the Court to add exemplary damages to your costs. -
By brassnecked · Posted
They are also now punting the idea of mix & match vaccines so are looking for volunteers. count me out captain Its now obvious its more than vaccines and virus, its about total control, maybe the tinfoil hatter's were 50% correct. Wales is virtually Covid free but Drakeford has another lockdown in mind around Election Day. https://www.lbc.co.uk/news/mixed-covid-19-vaccines-trial-expanded-include-two-further-jabs/
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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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