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    • Yea I thought as much, |'ll wait knowing I have done the necessary prep for when to get the process going, just realised I didn't add the court fees £60.00 in to my particulars of claim so I've added that in now as well.    The claimant used the defendant's courier service to deliver an item, value – £530 to a UK address. Reference number xxxxxxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £530, delivery fee £5.09, court fees £60.00: £595.09 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/03/2021 to 11/04/2021 on £535.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.11.
    • i believe thats ok let @Andyorchcheck it over mind   dx  
    • here comes £25..you have to wait sadly before issuing your letter of claim.
    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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Grant Vs Woolwich


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Hi

 

Sent first letter on 31st Aug. recived letter saying would have answer by 26th september, I sent 2nd letter on 22nd september. recieved reply on the 30th september, saying that they were escalating the matter to barclays customer relations dept, and that they will contact me with there findings, no date set.

 

Shall i send the letter before action letter.

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It looks as if you have already given them enough time to respond constructively to your claim. I assume that your second letter was effectively the letter before action. All they have done so far is to procrastinate.

 

Time to issue court proceedings. Stick to the timetable you have set out in your letters

 

Good luck

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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you dictate the time limits not them next step for you is MCOL ! LET THEM KNOW YOUR SERIOUS !

if my advice has been of any help to you then please click the scales ! Thank you :D

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  • 3 weeks later...
  • 4 weeks later...

Did money claim online. claiming 1955.03 and 312 interest. Did i like this. hope it was right

 

1. The Claimant has an account L1*******

with the Defendant, opened july 2001. Since

20/02/01 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1955.03; (b) Interest

per S.69 County Courts Act 1984 of 8% -

£312.50 continuing at 8% until judgment or

settlement at a daily rate of £0.43; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the

Court.

 

How long before i hear, and what next:-?

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Ok have you had a notice of issue yet?

 

It usually give them about 21 days to respond!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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  • 3 weeks later...

My guess is they will respond on teh 12th day with a mumbo jumbo wishey washey defence.

 

It may look scary on first glance but if you have a good scout around on here you'll sosn realise it will be a pretty standard responce!!!

 

Just letme know when it comes and I'll take a look if you want or have any other queries!!

 

Stick in there

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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  • 3 weeks later...

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 4 weeks later...

Woolwich are settling cases lately over the phone if i were you now that you have your court date i would ring their litigation department because the woolwich do NOT want to go to court so give them a ring have your name address court ref number your total of claim that is your full amount plus interest and costs youll soon have your money back myself BigAl and traceym did this after reading welshmans thread and got full settlement read through our threads to give you that wee boost it takes to ring them nothing ventured nothing gained they are really nice to deal with nothing to be afraid off so go on ring them good luck keep us posted !

  • Confused 1

if my advice has been of any help to you then please click the scales ! Thank you :D

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Hi

 

I am going to phone this Alex martin and woolwich, but how much am i asking for, because since i first put in the claim there have been more costs, i.e court costs and more intrest charges. Do i had them on.

 

Anybody got any advice.

 

This is in court on the 22nd FEB

 

Thanks In advance:?

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Hello Grant

 

I had an additional charge this month so phoned woolwich open plan they are giong to refund the charge. So worth phoning them when they notify you of the charge

 

Good Luck

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Basically any charges that you have incurred since you filed your court claim need to be added in to your total claim that you will accept as full and final settlement, when Barclays contact you with a settlement offer. This will probably be some 7 days prior to the hearing date.

 

This is probably the easiest way of dealing with this, as the alternative would be either to amend the court claim, which costs £35,and would delay the process, or start a new claim altogether.

 

Dont forget to add in the up to date interest figure, (this will have increased since you filed your claim), and the AQ fee, if applicable, and all the extra charges.

 

Good luck

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Hi

 

I am going to phone this Alex martin and woolwich, but how much am i asking for, because since i first put in the claim there have been more costs, i.e court costs and more intrest charges. Do i had them on.

 

Anybody got any advice.

 

This is in court on the 22nd FEB

 

Thanks In advance:?

 

If your going to phone him, tell him what extra charges you have and get him to confirm extra charges since and tell him to add it on, and thats what you will settle for... or get him to refund the charges and and go with your original claim amount

 

Delboy

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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  • 3 weeks later...

the following directions applt to this claim

 

1) each party shall deliver to every other party and to the court offices copies of all documents(including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

2) the copies shall be delivered by 4pm on thursday, 15th febuary 2007.

 

3) the original documents shall be brought to the hearing.

 

4) signed statements setting out the evidence of all witnessess (including expert witnesses if permision has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentiones in paragraph 1. this includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5) the court must be informed immediatley if the case is settled by agreement before the hearing date.

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Hi Grant

I believe this is what you want.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

AL:)

 

Did you mean 15th March?

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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