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    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
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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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After a few weeks going through 'consultation' on a sham redundancy, after a lengthy negotiation and threatening to take them to a tribunal, I've finally got my employer to verbally agree a Compromise Agreement for an amount that I'm reasonably happy with, and I should be getting the draft written agreement soon.

 

The figure that they've suggested for legal fees seems on the low side - £250 (in Central London)

Does this seem a reasonable/normal sum?

 

Lia

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no worries - the barrister that I am planning to use has just emailed back to confirm that the £250 is the normal level

 

Lia

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they pay the fees anyhow.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they pay the fees anyhow.

 

dx

 

Hi DX

thanks for replying - I know they pay the fees, it's just that I was concerned that the cap on legal fees that they'd attempted to set seemed on the low side - but the barrister seems happy with it!

 

Lia

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ok

no thats std for com ags

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We ask for a minimum of 250 plus VAT as a contribution. If there are any significant drafting issues, negotiations or if it's a bad deal, 250 usually won't cover the work if it's a big job. Bearing in mind a solicitors hourly rate, for a junior at around 150 per hour plus VAT, it only covers about 90 minutes of time. A meeting can take that long and there's also all the preparation time involved and the admin necessary to complete the job, so usually time ends up being written off for that amount. So yes, it's low, but perfectly normal and doable.

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Thanks Becky - my former employers do use a fairly good solicitors so hopefully it won't take too much work/amending.

It was being familiar with solicitors rates that made me question the amount my employer had offered to pay.

I'm using a direct access barrister, who's already been incredibly helpful with advice to this stage, but he's fine with the £250 - although we've not actually seen the draft document yet (it has actually arrived in my in-box, but I've just got home and decided to deal with it first thing in the morning).

A friend of mine used the same barrister a couple of years ago when made redundant, and couldn't remember the hourly rate charged, only that it had seemed very reasonable at the time

 

 

Lia

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