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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello all,

 

My Mother has got behind on Council Tax payments and has been issued with a court summons for Friday.

 

I want to avoid court, so I was wondering what I could do to help her? I was thinking of writing out an income/expenditure list and a letter explaining why she got behind and how she will be able to start repayments soon due to a change in circumstances.

 

If this was done, do you think court would be avoided? Or should I simply prepare this information for the court day?

 

Many Thanks

 

DC

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Keep fighting the good fight everyone!

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Moved to the Council Tax forum.

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Hello all,

 

My Mother has got behind on Council Tax payments and has been issued with a court summons for Friday.

 

I want to avoid court, so I was wondering what I could do to help her? I was thinking of writing out an income/expenditure list and a letter explaining why she got behind and how she will be able to start repayments soon due to a change in circumstances.

 

If this was done, do you think court would be avoided? Or should I simply prepare this information for the court day?

 

Many Thanks

 

DC

 

The only way to avoid Court is to pay in full unfortunately. Are there any other circumstances the Council may not be aware of - does she get single person discount if she lives on her own, is she entitled to any other Benefits. The decision at Court is a basic yes or no answer and the grounds for dispute are very narrow. If granted a Liability Order from the Council can be passed for further enforcement including Bailiff action, if the sum outstanding is not paid.

 

PT

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You don't have to attend court dc, if your mother agrees she owes the tax then it's just a formality with the court stamping the form to say you are liable.

The courts can't take into concideration the reason it is in arrears as pt says above. Once the liability order is granted, you can contact the council and set up a repayment schedule and should do this as soon as the order is granted.

 

There is no county court judgement or credit reference agency default recorded.

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  • 5 months later...

Hello good afternoon, can someone pls advice me regarding what I need to do to taker the council to court over a council tax summon.

 

I recently received a summon even though I owe nothing and without prior warning. I was then informed that this was due to paying pm the 14th of every month rather than the 1st. I was then bullied into paying via dd; this allowed me to pay on the 18th every month. I was told that they do not receive my payments for another week prior however this is due to internal allocation of payment to individual accounts and nothing to do with me. I know that dd payments will not reach my account any quicker. Also I was charged 80 pounds for this. I want to claim this money back, can anyone advise me on how to do this?

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