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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
    • So who cleaned it and are they prepared to give a report of the state of the place as they found it?
    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Ishmo186 vs HSBC


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hi can anybody help me, i got a letter yesterday from hsbc offering me all the money - WOOHOOOO! but i need to cancel the money claim form as there is no need for me to go ahead, how do i go about doing this, thanks

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HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Hi ishmo, you should wait until the money has cleared in your account before writing a letter to Northampton County Court saying you wish to withdraw your claim as you have reached settlement with the defendant.

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Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey guys the cash has come in woohoo but just need to know how to withdraw the claim as i dont want the claim being processed thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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alex, I noticed you said on 10 November that HSBC had offered to give you the full amount. What was the wording of their first letter and the wording of your reply?

 

Also why was HSBC still writing to you when DG had already taken over the handling of your claim? You might be able to claim that HSBC's letter confused the issue for you, and that because you had received this offer first you weren't aware that you would also hear from DG. I'm not really sure but if you post up some more info someone might be able to guide you.

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hi bongo, well the first letter i recieved from HSBC said that they have loked over the statements and have said that i can only claim the total charges which overall came to 995.00 i then wrote back accepting but asking to also add in £50 due to more charges been put on my account, the money then was deposited into my account, and then today i picked my post up from my mums and i had a letter from DG solicitors offering me £1547.00 which is the interest charges added and the 8% now i dont know what to do so i sent the acceptance letter back to dG solicitors saying i accept the £1547.00 im just wondering what will happen now as i habe had to letters trying to settle the claim any advice will be much appreciated thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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maybe try a letter along these lines

 

dear [DG]

 

I refer to your letter dated xx and my reply dated xx.

 

I wish to inform you that HSBC credited my account with £x, on x date, in respect of a refund of the bank charges I had initially requested in writing from them. This payment came through after I had raised my claim at court and did not take account of bank interest, county court interest or court costs.

 

I therefore ask you to note that the balance of my outstanding claim is £x and I look forward to receiving settlement of this in order that I may notify the court that I am withdrawing my claim.

 

--------

 

The only problem I can see with this is that you have already accepted the first offer in full and final settlement. This may be a BIG problem in that you might not get the rest of your money, but I don't see any harm in trying.

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thanks bong i will try that letter but in the case of them sending the money twice which i think is highly unlikely but may happen what can i do then? would it be better to send a letter or ring them up thanks again

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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I think maybe you need to ask a mod for advice on what to do if that happens. I don't know if you could keep the difference and send the rest back. At the end of the day I think the worst that can happen is you will only be entitled to keep the first payment.

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