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By brassnecked · Posted
Yes the suggestions by FTMDave are good, keeping them similar but subtley different is key, that way it keeps them on the hop. -
Thank you for your effort and care. I take your point. The issue is that the girl does feel the ex-partner did settle with the bank, and I feel if we just declare that it never happen then the court will label her as a liar. However, perhaps we should tune it down like so: 4. The defendant believe that the ex-partner had reached an agreement with HBOS to reduce the outstand OD sum to £XXX and closed the account. 5. The defendant, as much as she would like to be confident that her ex-partner had settled the agreed sum with OC, she is not absolutely certain, considering her health state at that time. -
The letters are all nicely different and with a gap between them. Two tweaks. I'd cut out the sentence that starts with "Coupled with the several letters ..." Their client has a legal dispute with you so they're entitled to sent a letter, it isn't harassment. Also at the bottom just put "COPIED TO PCM UK" without the Gladstoned bit. You've already taken the wee wee out of them with that phrase, best not to include it this time and keep the letters different. If there are no further suggestions from the regulars, as usual invest in two 2nd class stamps and two CoPs tomorrow, and tell Gladdys to take a running jump. -
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The legal opinion gives the green light to claim damages under breaches of the DPA 1998 and/or negligence as per Durkin.
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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-
- 25 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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Help just lost in court to CL Finance/Howard Cohen
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