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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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You do the examination hearing before sending the bailiffs in Bob. The debtor has to prove (under oath) what his fiances are. The court does have some tough penalties available to use if a debtor is found to be lying and the debtor will be aware of these. In this case, if the seller hasd cars on his forecourt, he will have to prove they are not his (assuming they aren't). The judge will expect to see proper paperwork.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Sam

 

I wrote ''Which is a real pity for the OP if this does happen, the motor trade has a bad enough reputation as it is (justifiably in many cases) an idot like this dealer only make things worse''

 

Wouldn't say that was taking the dealer's side really?

 

I'm only pointing out what I've learned from my experience, and that although you may win a judgement this is NOT the same as actually geting paid. Far from it.

 

I completely agree tht it shouldn't hapen, but it does I'm afraid. There is a fault in the CCJ law that lets many escape it's claws. It should be changed. Until then, there are pitfalls involving spending more money by the OP to possibly get nothing back.

 

If this dealer is prepared to sell an old shed of a car to a lady with several kids I guarantee that lying under oath won't bother him one bit.

 

All he needs are some moody invoices to ''prove'' the cars aren't his.

 

These peole are very fly and used to dealing with comlaints. Personally I hope the OP gets her mnoey and gets it sorted, she deserves no less.

 

But she needs to be aware that not everyone is like her and they will avoid, mislead, delay and frustrate her at every turn if they are so minded.

 

She should be, and now is, aware of that.

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hi all my sister has spoken to a solicitor says that the best thing to do is write to him giving 14 days to make payment after which go down any other routes. After reading all the replies i am not expecting the mone to be honest but will still try. After reading up i am unsure whether to proceed with a warrant of execution or a third party debt order?

she also did not know she was buying a car from a 'wide boy' when she collected the car it looked like a perfectly reputable garage. from the looks of it the thrid party debt order is less common but i dont know if there is a particular reason for this?

 

thanks x

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Sorry also in the unlikely event that he pays up would he contact the court or myself to do this?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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hi just wanted to post this any thoughts?

 

This letter will serve as formal notice to you that you are in default of your obligation to repay the sum of £1735.52 for which a Judgement was issued by the courts on 13th June 2012.

Unless payment of the above amount is received by us in full within fourteen days of the date judgement (27th June 2012), I will have no alternative but to exercise whatever rights and remedies I have under the law to enforce such payment, including but not limited to obtaining a warrant of execution, where a bailiff will seize your belongings or a third party debt order where your assets and bank accounts will be frozen until the monies are paid. You will also be ordered to pay the extra fees that any method incurs.

I look forward to receiving your cheque.

Yours Sincerely

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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2 Stabiliser links

4 New Heater plugs

Engine flush out with new oil and filter

New exhaust and clamps

Radio Fault

The garage also found but did not repairexcessive rust contrary to the advertised ‘rust spots on wheel arch’ andwindscreen seal was unattached.

 

Stabiliser links, glow plugs, changing and flushing oil and filter, and replacing exhaust - are all normal wear and tear, or things you expect to change on a car through normal servicing. Particularly on a 12 year old one. It's the same with tyres, they wear out because they roll against the road.

 

IMO your only possible complaint is that there is excessive rust, and the windscreen seal was not seated.

 

It is also normal for MOT testers to refuse to test a diesel for emissions if it is unclear when the cam belt has been changed, or inform the owner it is at their risk. Again, having the cam belt changed is a normal servicing issue.

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Sorry Leedsguy I disagree (as you are allowed to on a forum!)

 

This sounds a real old shed of a car and despite the fact it was ''only'' £1250 or so it really wasn't good enough to be on the road.

 

I hope the OP gets paid out ok.

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hi all my sister has spoken to a solicitor says that the best thing to do is write to him giving 14 days to make payment after which go down any other routes. After reading all the replies i am not expecting the mone to be honest but will still try. After reading up i am unsure whether to proceed with a warrant of execution or a third party debt order?

she also did not know she was buying a car from a 'wide boy' when she collected the car it looked like a perfectly reputable garage. from the looks of it the thrid party debt order is less common but i dont know if there is a particular reason for this?

 

thanks x

 

I think you have already done this! I would do the financial examination route. In the unlikely event of him paying, you write to the court to inform that the debt is satisfied.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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It was the solicitor who told me not to bother with the financial examination, she said that this wouldnt really be useful with a business its more for if you are claiming money from an individual, i take it this isnt entirely accurate? now i know why winning is only half the battle x

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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It was the solicitor who told me not to bother with the financial examination, she said that this wouldnt really be useful with a business its more for if you are claiming money from an individual, i take it this isnt entirely accurate? now i know why winning is only half the battle x

 

Then issue the warrant then. I don't see much point wasting time writing another letter giving him another opportunity to pay when clearly he isn't going to.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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What would you suggest is do issue a warrant for execution with the bailiffs or with the charging order?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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  • 3 months later...

Hi I have a quick question as I issued a warrant for execution and then instructed bailiffs. Only then did he contact the court to have the judgement put aside. The reason he has put is " I did not receive the claims form only the judgements. There were no faults that I was aware of at the time of sale. Once I became aware of some faults I tried to reach a satisfactory outcome but an agreement could not be reached." I have sent the court the signed for letters that I sent him proof of delivery to my initial letter and the full poc. The total I am claiming is £1800. Today I recieved a letter asking to contact him to arrange a settlement. He offered me £800 which I've said I will put to my sister. Obviously this is not good enough. He was telling me what the judge will and will not look at and I said I am not prepared to discuss that with him. My question is when I at court on Friday will it be the whole case they are looking at or will they initially be looking at whether his reason for the jusgement to be set aside be looked at? Because as I see it he just didn't think we would see it through and threw in at the last minute that he didn't receive anything?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Judge should reject his application because you say he received the judgement which was entered in June. I think it unreasonable to expect to have judgement set aside after a lapse of 4 months. So his defense now should be irrelevant and not allowed.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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He'll probably get it in the interests of "justice" as he could say he was not well or things like "I've had problems" during that period. The judge will be forced to set it aside then.

 

True, it shouldn't be allowed but just goes to show how weak the justice system can be. I do hope it is rejected bu tcan see it not being so.

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Oooooo don't know about settling now :/

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Just to let you know he rang today and I said I would be willing to settle without the court costs and he said no £800 he then rang back later and said do I know that the hearing is not for the case but just for them to set it aside? I said yes thank you and he aid he was just being helpful as he knows it's an hour and half from me and I don't really need to be there???

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Yes, because you need to object to the application for it to be set aside on the basis of what I said in my last post.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I've every intention of going I'm just wondering more and more if he will show

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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I've every intention of going I'm just wondering more and more if he will show

 

Lets hope he dosn't as that would be the perfect outcome for you. Make sure that if he does, you point out that he was aware of the judgement (which was awarded in June) but has waited until the warrant was issued to ask for judgement to be set aside and as such, you are objecting to the application. You could also ask that the judge (with respect) considers whether any defence against your claim would have a reasonable chance of success and would it be in the interests of the court to prolong the case any further. Don't forget to ask the judge to award your costs for attending.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited by sailor sam

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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What would that entail I thought the costs was just whatever court fees I had paid? Thanks for the advice all :)

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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What would that entail I thought the costs was just whatever court fees I had paid? Thanks for the advice all :)

 

You are entitled to claim costs to attend the hearing, like time off work, traveling etc. It all gets added to your claim.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thank you all I think it's just time for me to cross my fingers and hope for an intolerant judge

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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Thank you all I think it's just time for me to cross my fingers and hope for an intolerant judge

 

In your first post you wrote about a car your sister bought.

 

Just making sure that the claim was done in your sisters name and your sister will be the one attending court. The matter (in Court) can only be dealt with by the Claimant in Person or his/her legal representative. A claimant can be accompanied and helped with the paperwork but only the Claimant can speak and put the case forward.

 

As the defendant received the Judgement some months ago you should be awarded costs of the hearing and costs of the bailiff together with all your expenses (write everything down to the cost of any expense even x pence per sheet for paper used). You can also claim for time spent preparing the claim. Not sure but will check the rate for "Litigant in Person"

 

 

The hourly rate for Litigants in Person will increase from £9.25 per hour to

£18.00 per hour (Costs PD 52.4). However, while stating that the

change comes into force from 1st October 2011,

it does not specifically state whether or not the new Litigant in Person rate

can be backdated

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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What would be the normal hours to claim ? Sorry yes it will be my sister attending unfortunately I have wedding cakes to make lol so can't even go with her, I don't want to seem greedy to the judge I think I've probably spent at least 5 hours though?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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