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    • Also, I understood somewhere that you had the name and address of the van driver. Is this not correct?   Also, at the time of the accident, would you say that there was ice and slush and the middle-of-the-road? Or is it simply in the side of the road between the parked cars? It was late in the day and we can imagine that the passage of traffic would have cleared any ice and snow. I notice one or two of your images seem to show tarmac with no ice or snow
    • Okay there's a number of things. First of all you say that there are apparently witnesses which the van driver is claiming – this is the first that we've heard of this. Are there any other details that you know of which you haven't disclosed to us yet? Secondly, you've apparently received instructions from AX not to contact the insurer. AX are not your friend. Thirdly, you are asking whether you should write to AX and give them information? – AX are not your friend. You ask how you can put these points forward – we will help you. However don't expect it to be easy or quick. I'm afraid that things have rather slipped out of your control and you will have to take back control with our help. Also, let me point out that not all of my site team colleagues necessarily agree with my assessment above – I expect that there will be some contributions and it will be helpful to see what comments and criticisms are made of my assessment above. I understood that the van was stopped but you are now saying that he failed to give way which now suggests that he was moving and continued moving even though you came within his sight. I understand that you've been given documents by your own insurer which apparently you've ignored. You say that AX told you not to respond – I don't really know why you are taking advice from AX. They are not your friend – and I can tell you also that your insurer is not particularly your friend either. You haven't commented on the bullet points that I've made. Do you agree that this is what happened? It's essential that you give us some feedback. Also, if you want to use stand any chance taking this forward, then you are going to have to engage in a bit more closely and respond to questions more quickly please.
    • Also i have just pulled out some paperwork that admirel had sent me 25th january . AX told me not respond to them so i never really read it through.   I have just seen in section 1 ' a witness' and states a man's name but no address.   There wasn't any witnesses as no one was around. How can i investigate this? Also AX has never informed me of any witnesses that the van driver is claiming ?    Thank you for the bullet pointed information, i think these will be useful in my case, however how could i put these farward?    Should i write out an email to AX stating these points ? 
    • Some tyres have what is called rim protectors. It’s an extra part in the side wall that give some protection against kerb marks, but it’s only a piece of rubber and it is absolutely  possibly to deform it and damage the wheel, so if the op was prone to marking them it would be of benefit. Also if you change the tyres the next set might not have the feature. 
    • Thanks , i will request the SAR from AX, goskippy and admirel.    This is the statement i sent them. It is not fully detailed as i had already explained, in detail, the accident to them around 50 times via the telephone before hand. 
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    • 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
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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
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Help just lost in court to CL Finance/Howard Cohen


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Hi I have just recieved papers from the courts where CL finance has tried to get a court order for me to pay for a loan. The courts have said they have not prepared the paper work correctly and referred to The Tomlin case, does anyone know what this is ????. I have already sent CL finance a CCA request with a postal order and a formal notice of account being in dispute and a request for information in October last year. They have answered in Oct 2010 with a letter saying they currently do not hold a copy of the required document on site and are in the process of retrieving a copy for me They also state in the letter that while my request remains outstanding (which it still does) enforcement action will not be taken against me. Am I just stupid or is this court letter I have just received a breach of that ???? until I received this new court letter last week. Any ideas what I should do next ????Any help would be appreciated. ???? I am in court on Friday any ideas on what I should say :-x Thanks

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Hi rebell,

Is there a better forum I could post this on???? Do you know if C.L. Finance are in the wrong for taking me to court while my CCA request is still outstanding and the fact I have sent a formal account in dispute letter??? Any help would be great as I have court this Friday. Many Thanks

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Hi, got your PM

 

can you post up the particulars of claim putting XXX in place of the figures.

 

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Thanks silver Fox, Right where to start, Back in 2004/2005 My ex husband and I took out a JOINT loan with G.E money .Later we started divorce proceedings and we moved our seperate ways it got pushed aside. Since then it had been passed to C.L.Finance who have been harrassing me at work by phone and with letters to my home.I offered them at the time half of the money as it was a joint loan. They told me they could not find my ex so I was fully liable for the loan and they wanted the full amount from me. I started to pay off the loan but being on my own it became difficult. I got another letter saying it had been to court and I was to pay in installments by direct debit. As I had never had the chance to defend myself in court I did ignore their letter, until I was bombarded by phonecalls at work and my boss even told them that it was not right of them to keep calling the work place. I did give in again and pay some more off but it started to play on my mind that I had not had the chance to defend my self in court, so I joined this GREAT site and saw that lots of people had had issues with CL finance and Howard Cohen solicitors. I sent CL a CCA request in October last year and heard nothing, I then sent them a Formal Notice of account in dipute and a Formal request for information CPR part 31.16. I eventually received a letter from them saying they did not hold a copy of the required document on site but were in the process of retrieving a copy for me and they confirmed that while my request was outstanding enforcement action would not be taken against me. I have heard nothing since October last year until Late April 2011with a letter from the courts about my telephone hearing Tomorrow. The court papers that they have sent me from before do not have any signatures on and seem to have been tampered with. I do not know how to put them on here , but any advice would be most greatly appreciated. Many Thanks MS CONFUSED

Edited by sleepy jean
rambling and forgot to put words in
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Thanks for the bit of background information

 

What I really meant was, could you type out the particulars of claim on the form the court has sent you.

 

I am also confused. You say it has already been to court so why have they sent you more court forms.

 

Depending on your response, I may change the title for you (a little)

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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OOOPs sorry silver fox about my rambling apparently they took me to court back in June 2010 to get an order for me to pay. If you let me know how to put the paper work up I shall endeavour to as they look dodgy and there are no signatures on the bottom. The new papers I have been sent is an application for a judgement to be entered against me in accordance with CPR 12.5 as I failed to maintain any payment in accordance with the sealed consent order. The court has then sent Howard Cohens a letter saying application refused as they need to make a proper application in relation to a Tomlin order?? I am guessing the judge is not happy with the dodgy looking judgement order from back in June 2010. Can I just scan the documents and attach them on here ????

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You can scan them and use a site like Photobucket to upload them or scan then convert to pdf file and upload the file using the advanced option in the reply box.

 

Whatever you do, make sure that ALL identifying details are obscured. That includes bar codes, name. address, any other codes

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I have unapproved the two full size attachments for you to repost once you have cleaned them up a little.

 

The two jpegs are too small to see properly so I have left them

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks chipmiester, Sleepy by name sleepy by nature I guess. God Im gonna get ripped apart today.

I have faxed the courts the letters I have written to and received from Howard Cohens in hope that the judge may actually let me:| defend myself in this matter and not just let CL Finance get there court order.

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HELP ME PLEASE !!!!!! I have filled out a N244 form already incase it goes against me I have put in my reasoning as I never received the original claim forms as I had moved. I beleive that I have a defence to the claimants case and have never been given the opportunity to defend it.

Information to support my application. I have put I beleive there are major discrepancies in there case and that any agreements they may hold on me have been improperly executed. WHAT DOES ANYONE THINK PLEASE HELP COURT AT 2PM TODAY

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Sleepy, I have clicked the triangle on your thread to see if someone can help you out.My own thoughts on the thread from what you have posted - if the court has ruled out HC's application, is there actually a hearing taking place today? It may be an idea to call the court just to confirm this. Please note - this is just the idea I have from the postings you have made - I may be incorrect but I think a phone call to the court may be worth while. JMHO!

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Hi CM yes they did refuse application for judgement based on the paperwork howard cohen sent in but I still have a telephone hearing today and was wondering if I should fax over a N244 now or wait and see what the judge says. Thank you so much for your reply feeling all alone at the mo

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