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    • Okay – effectively then it was installed by SCS. I was just a bit concerned that if it was installed by you or by somebody you had employed to do it, that this would give SCS a hook upon which to deny liability on the basis that the problem was caused by an installation issue rather than a product issue.   So I suggest:     Check this letter and see if you agree with the contents, if they are correct – and if you understand what the letter means. The most important thing here is that you are asserting your statutory right and that was of your position. Additionally now I think you're going to need to make your own arrangements to get an independent inspector to look at your carpet and to prepare their own report.  Don't put your report in hand yet – until you hear from SCS but you should at least start making enquiries to find out who would be able to carry out an inspection and the cost.
    • Screenshot_20210124-095819_WhatsApp.pdf   I finally managed to find the N180 forms. what should be my next step now?
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    • You couldn't make it up HB, but they need an EU presence, agent or EU based company to facilitate import into the EU some points on Richard North's blog   http://www.eureferendum.com/blogview.aspx?blogno=87860
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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
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What happens when you get to court - by Old-CodJA


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I'll try to be brief then:

 

You say that your case has already been adjourned to trial today and that you will not be legally represented by a lawyer

 

Assuming you have been given a hearing time of 10 a.m. you should be there before 09.45 at the very latest

 

When you are called into Court you will be asked to take an oath , or affirm to tell the truth and confirm your name and address. Then you will be asked to re-confirm your plea. If you have changed your mind about your plea, that is the time to tell the Court

 

Next, the prosecutor will call the rail company's first witness, usually the inspector that reported you and the prosecutor will ask that witness to tell the Court what happened, how your alleged offence was detected and expand on the statement s/he has given by explaining things in more detail as required.

 

When the prosecutor has finished, you will have an opportunity to cross-examine (question) that witness to draw out any inconsistencies in his/her story.

 

After you have finished the prosecutor gets a further chance to re-examine the witness.

 

That process is repeated with each of the prosecution witnesess. In my experience that is unlikely to be more than 2, but more are possible. At any time during all of this procedure, the Magistrates, or their Legal Advisor may interrupt proceedings with questions of their own. The prosecutor will summarise the case against you and may remind the Magistrates of the legislation under which the charge has been laid.

 

Once all the prosecution witnesses have been heard and finished with, it will be your turn to either call any witnesses you have, or go into the witness box yourself and to give your version of events on oath.

 

If you choose not to go into the witness box so as to avoid being questioned by the prosecutor, the Magistrates will be entitled to draw any conclusion they wish from your silence on the matter.

 

The process of questioning the defence witnesses is conduted exactly as the prosecutor's procedure, but if you are not professionally represented, you will lead the questioning of each witness. The Court Legal Advisor will guide you through the process but cannot conduct the case for you

 

When you have finished with your witnesses or, have finished telling your side of the story the prosecutor will be entitled to question you and again, at any time during the process you can expect to be questioned by the Magistrates or their Legal Advisor.

 

Once all this is done the Magistrates will usually rise to consider their verdict and may be out of Court for some time. Once they are all agreed they will come back into Court and tell you their decision and explain why they have arrived at that decision.

 

It is impossible to predict accurately how long this will take. If your case starts on time (which it may not) and there is only one witness for the prosecution, I expect it will take around 45 minutes to an hour. As a very rough guide, you can add 15 -20 minutes for each additional witness.

 

Hope that helps.

 

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This post has been made a sticky in order to help others who might be facing the daunting visit to a court room :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, the original query was about the trial procedure.

 

If you are attending Court on a Summons for the very first hearing this will proceed as follows:

 

If you wish to plead 'guilty' you may either attend Court and respond personally, or do so by post and can send any written explanation to go with your signed plea form and statement of means (earnings and expenditure)

 

If you are attending (always a good idea) You should still arrive in good time before the scheduled time on the Summons.

 

When you are called into Court you will be asked to state your full name, date of birth and address.

 

The Legal Advisor will then read the charge to you as written on the Summons and ask whether you plead guilty or not guilty.

 

If you plead not guilty the case will be adjourned for trial and the process explained earlier will apply.

 

If you plead guilty, the prosecutor will then give the details of the offence and a summary of what happend from the inspectors report. S/he may read the whole statement if necessary.

 

Then you will be asked if you have anything further to say. If you accept that you are guilty of the offence and don't deny anything about it, then it is a good idea to apologise to the Court and the rail company.

 

The Magistrates will consider their verdict and you will be told their decision. They may go out of Court for a few minutes, but in many cases where a guilty plea is entered, they will make their decision without leaving the bench.

 

If a financial penalty is imposed, it is due to the Court there and then and if you cannot make payment immediately you will need to ask for time to pay. Do make a sensible and affordable offer. Very low and what might be termed derisory offers are sometimes made and this tends to lose any sympathy the Magistrates might have had.

 

If you have pleaded guilty by letter, the Court will write to you very soon adfter the hearing to tell you how much you must pay and that is due straight away. If you cannot pay, you must contact the Court to make arrangments to clear the sum due.

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  • 2 months later...

All posts made by ros123 and any responses have either been unapproved or moved to a thread dedicated to ros123's problem. Sorry for anyone who got cagbotted.

 

Link to ros123 thread is .. http://www.consumeractiongroup.co.uk/forum/showthread.php?321198-ros123-query-for-Old-CoDja-please

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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