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    • thanks for your kind words ,  its the procedural stuff i worry about   technical stuff that can affect outcomes because of my inexperience   skeleton arguments, to be done cost schedules informing court how long i think it will take etc.    for instance their solicitor has asked for some emails between me and my loan broker - well after disclosure. i havent disclosed these ( they are privileged) and i have written them in the privileged box - only three emails anyway   but should i just provide to him as i actually want to present in court myself , and letting them have them actually discloses  them so they become admissable  or ignore?   also costs- mine arent too high   but what is fast track going to cost me in a situation where i lose.   i know court fees capped at 1650 but what if their solicitor bill is 20k-    i have managed to include all the way through their failings of pre action haste to litigation letters offers to settle subject to costs- i would nt feel so bad if all i was fighting was the court claim amount.
    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
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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

CPUTR 2008 questions and advice....


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DCA letters mentioning may/might etc as opposed to will are trying to get the debtor to take a decision s/he would not othewise take

 

Car mentioned EU Law....

 

The test INMO as to whether may/might =wILL........ should be the EFFECT that 'may/might' have oon the consumer...ans in my opinion the words may/might etc is bound to have the same EFFECT as if the word WILL were to be used in DCA letters

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DCA letters mentioning may/might etc as opposed to will are trying to get the debtor to take a decision s/he would not othewise take

 

Car mentioned EU Law....

 

The test INMO as to whether may/might =wILL........ should be the EFFECT that 'may/might' have oon the consumer...ans in my opinion the words may/might etc is bound to have the same EFFECT as if the word WILL were to be used in DCA letters

 

Here, here. It's not the wording on the letters that is important, it's the fact that a 'may'/'can' letter looks exactly the same as a 'will' letter.Can't wait to see what the caselaw for these regs say... (But I'm sad, so...)

Always happy to help where I can!

:lol:

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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See CSA & dbsg

 

Guidance document produced in association

with the OFT.

Use, Format and content of standard debt

collection letters.

It goes into the question of phraseology .

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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See CSA & dbsg

 

Guidance document produced in association

with the OFT.

Use, Format and content of standard debt

collection letters.

............

 

for reference, the guidance that brig refers to is here at #96

http://www.consumeractiongroup.co.uk/forum/showthread.php?84273-OFT-debt-collection-guidance/page5

Edited by Ford
typo

IMO

:-):rant:

 

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Thanks Ford,

I have never been able to get links

to work or attachments:!:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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