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    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
    • You mention covid holiday in your title.. did you have one and missed or deferred payments?   tell us the story please though a mortgage company rarely refuses for one default.there must be another reason   DX
    • Vodafone have a reputation for doing this although it hasn't happened for a while. There an appalling company and I think they are the most complained about company and have been find quite a lot of money in the past by the so-called regulator. Frankly I thought that they had started to sort themselves out. Sent them an SAR. They may try to impose some kind of obstacle such as a special former something or other to fill in. This is unlawful as long as they have no reason to be dissatisfied with your identity details. Separately – because they are capable of understanding to issues in the same letter – separately send them a letter of complaint and ask them what's going on. You might also want to try and deal with this on the telephone – but if you do then read our customer services guide first and implement the advice there because anything that is said on the telephone could be of use. However, don't expect this to go away quickly. They are incompetent and once they make a mistake they tend to dig themselves in rather than dig themselves out. Sent they SAR – and separately the letter of complaint.
    • Nobody here can say for sure whether you should challenge this penalty or just pay it because nobody knows if a court would consider your reason(s) for not wearing a mask a reasonable excuse or not.   But... my view would be that if you can get a letter from your doctor saying that because of your medical conditions (acne and anxiety) that wearing a mask causes you such distress (and/or discomfort and/or pain) that you have a medically based reasonable excuse for not wearing a mask, then that should do it for you - in my view.   You can then use that letter to challenge the police as to the validity of the fixed penalty, and if they don't back down you can let it go to court - if you want to do that.  I would expect the court to accept your doctor's letter at face value and quash the penalty - but nothing is certain!   Have you given your doctor/your practice notice of what you want and why you need it?  Have you explained that you have already received a fixed penalty for not wearing a mask, that you want to challenge it and that you need a letter explaining your reasonable excuse for not wearing a mask so that this does not happen again?  At my GP surgery I could either have phoned them up to explain all this in advance, or emailed them explaining it.  It might not be a good idea just to turn up for an appointment without letting the GP know in advance why you are there.   If your GP won't give you a "reasonable excuse" letter - and they may refuse to do so - then you need to think again.   First thing to consider if they don't is that you need to decide if you really have a reasonable excuse or not.  If you still think you do, then you need to decide if you want to challenge the penalty further or if you just want to pay it.  But if you do that, what happens next time* you are caught without a mask?  If you don't think you have a reasonable excuse, then you'd better start wearing a mask.   *If you can't get a GP's letter I have a few other thoughts but will have to post those later - I'm just going out.
    • It will be very helpful if you could space your posts a bit more. Well space makes it much easier for people to engage with – especially when they are looking at it on a small screen. I'm not sure how long ago was that curries could ever have been considered an excellent retailer. They've always been curmudgeonly about their customer support. All I can say is that there were times when they were maybe a better retailer because at the moment things are very bad with them. If you used have an account here then maybe we can merge them if you still have access to the old email address that you used. We weren't around in the eighties. We started in 2006. I don't see why you think that your previous history with curries should influence their standard of customer-dealing with you. Big Fail. Also, yes – failure to use a credit card – Big Fail.   I've had a look at your letter of claim. I can't believe that this is the standard of stuff provided by Which magazine. It really is verbose and goes into all sorts of irrelevant details – and in case you haven't understood it yet, Currys don't care about the problems they have caused you, whether or not their behaviour is unacceptable, your level of exasperation – you attempt to be reasonable to them by proposing some kind of negotiation (what on earth is there to negotiate here? You paid 100% of the money and you want 100% of what you paid for. Is there a problem with that?) Have you sent this letter of claim yet? You better let us see your proposed particulars of claim before you click them off. I have no idea why you went to Which – when you know that we exist and you've been here before.     Also, I have just noticed that you have given them 28 days to respond. Bless!
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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.

 

This is the best forum for your particular problem

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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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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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