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    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
    • you mean you paid the mortgage off that the policy protected and financed it with another policy from elsewhere...??? so why have you been paying for life insurance on a mortgage that has not existed since 2009?   surely the policy was to protect the mortgage is was taken out for and no longer has any benefit whatsoever to you and no-one will get anything out of it should you die?   what does it state it protects and who gets what ?
    • Actually, no, or at least not with RBS. I changed to a different provider in 2009.
    • He is also trading under James Marshal cars on eBay - same details.
    • Hi all,   Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!   Defence due Friday by 4pm.   I have updated my defence below based on your points Dx. Many thanks.   Would you and Andy mind having a scan over before i send off on Friday please?   Cheers in advance as always     Particulars of Claim    1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement')   2.The defendant failed to maintain the required payments and arrears began to accrue   3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant   4. Despite repeated requests for payment the sum of xxx remains due and outstanding.   And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs   Defence:   The Defendant contends that the  particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.   2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.   5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.   6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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

Already have caution, now happened again due to my Illness - summons 1st NOV ...HELP


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Hello so to clarify was any other civil loss recovery firm involved such as RLP ?

Can you pm the site team using the report icon with the name of the supermarket ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you. I really don't want to be seen as using it as an excuse, but it IS a reason. Both for the fact I was in the supermarket in the first place feeling desperate/on auto-pilot and the fact that medically I was quite unwell at the time of the incident, it's two fold really. I know if I was well I would not have ended up in such a situation, I wouldn't feel a need to get hold of all those food items in the first place and I also wouldn't be putting myself in danger physically to the point where my judgement is compromised.

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Hello so to clarify was any other civil loss recovery firm involved such as RLP ?

Can you pm the site team using the report icon with the name of the supermarket ?

 

No, no civil loss recovery was involved. As I said the first time I knew of this was a telephone-call to my home address.

I will pm that in a second.

 

What I haven't mentioned is

(thought I did mention this in OP but see I did not)

that alongside the eating disorder I have

I am a type one diabetic and my blood sugars were also low at the time of the offence

(all linked with my eating disorder, it's all very complicated I guess)

 

which added to the depersonalisation as I'd descrive it.

 

I mentioned this to the officer and said the whole thing was a blur and that I knew what I was doing within that blur,

but I was not fully aware or in touch with reality, if that makes sense.

 

I was scared whern I got home and realised exactly what I'd taken again.

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Nobody??? :( Should I be pleading guilty or not guilty, even? Does 'guilty' basically mean you did it or does it imply specific intent that may be questionable in my case? I have no idea what to say and know I should have prepared morebut head has just been a complete mess lately :(.

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The supermarket should have a colleague there to remind you to scan things. If there is no colleague, how can you use such a volatile system?

'Volatile system' - that's a good way of describing it. These things are extremely unreliable. If I do use them, I make damned sure that I check the receipt before moving away.

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Nobody??? :( Should I be pleading guilty or not guilty, even? Does 'guilty' basically mean you did it or does it imply specific intent that may be questionable in my case? I have no idea what to say and know I should have prepared morebut head has just been a complete mess lately :(.

The offence requires two elements. Actus Reus (AR - the action), and Mens Rea (MR - the guilty state of mind). You would plead absence of MR in that you were 'out of your mind' (diabetes, eating disorder).

 

You should be represented. Point out that you are not and that this lack of organisation is a direct result of your problems. Ask for an adjournment, and then get a solicitor and a medical report.

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If you are at Magistrates Court tomorrow then I can let you know what to expect.

 

You MUST turn up at the allotted time (usually 10:00).

When you get there, ask for the Clerk to the Court. Usually a friendly person who has a clipboard and a list... They will need to tick you off on the list, to "book you in" so to speak. They should ask you if you want to speak to the duty solicitor. Say yes - or ask if there is one if they do not offer. The Clerk is normally friendly and you can ask them about procedures, what court you will be in, etc.

 

You will have about 5 minutes or so to describe your case to the duty solicitor. At this point you just need to know how to plead. Ask them if they will plead for you.

 

You may have to wait a long time for your case to come up. I like to sit at the back of the court during this time to get a feel for the proceedings and how the judges are. This helps me with my nerves and will help you understand what the procedures are. Ask the Clerk for directions to the public gallery if you are unsure about this.

 

You will be called when it is your turn, usually on a PA - or by the clerk yelling out your name.

You will be directed to the stand by the Clerk.

 

The judges will enter the court - you must stand when you are told to.

 

Someone will ask you to confirm that you are PleaseHelp of address this and DOB that. You agree - say "I am".

 

The prosecutor will read out the charge.

 

The judge will ask how you plead.

 

You say simply "guilty", "not guilty" etc.

 

I think the prosecution will have first say. They will read out a brief statement that you were in shop X on date Y and were found to have Z in your possession without having paid. Something like that.

 

You will be given the chance to have your say. You should speak to the judges here. I usually start by apologising for the offence (since I would normally have been pleading guilty) and offer some explanation in mitigation.

 

The judges then retire for a fag and a coffee. You have to wait in court IIRC.

They then come back and hand down the judgment. In my case, invariably points and a fine (I was a bad boy in my youth). The worst I got was a 42 day suspended sentence for non payment of a fine. It was handed down as "You are sentenced to prison for 42 days... (long pause for effect), suspended for XX". Let me just say that it had the desired effect... LOL.

 

I strongly recommend you find:

1. The duty solicitor for advise. Ask them them represent you (but I don't recall them doing that). The minimum you need is your plea.

2. The public gallery to see how it all works. You have every right to be there - just come and go quietly and sit and observe.

 

Good luck tomorrow. I hope it works out for you.

Edited by Bandit127
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I would add to the post above that the procedures are formal, but the court is not so formal. The magistrates are generally friendly and OK to talk to. They might ask questions and you can answer normally. They are used to "normal" people if you know what I mean.

 

They probably see 10 or 20 people a day who are in a similar position to you (and me) and this makes the process a whole lot easier to deal with by yourself.

 

It is still a nervous time and is always nice to get it over with. As above, sitting in the public gallery helps me with this. Others don't do that. But you will get through it no doubt.

 

Please let us know how you get on.

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Well 'In court tomorrow' was last Friday...............

 

Do we think poor old pleasehelp7 is having porridge for breakfast.

 

I hope not.

 

H

42 years at the pointy end of the motor trade. :eek:

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