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    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
    • Hi M10,   Compared to MANY other cases we see here, a refund of 80% is a decent offer in the circumstances.   Take it and get yourself a new item.   Far better than Very and Apple each denying responsibility and passing the buck, and you being stuck in the middle for months with no help.
    • thanks for all that.... yes interesting. you handed the car back in nov 2020, how long was the lease agreement for and when did it start?   if you read the threat-o-gram carefully it doesn't say WILL anything. who are stated as DWF's client please ? and have you still your copy of this agreement?    
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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

Pending Costs Hearing, Please Help


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A friend of mine (X) is being taken to court by his employer (L) for costs resulting from a withdrawn Tribunal Claim.

The claim for costs is for over £5000 of which 'X' can not afford a penny owing to a mortgage and juggling a busy family life etc.

 

This all started in December 2011 when X was docked 9 hours from his annual leave for having Christmas day off. NEVER in the past 10 yrs+ has this been the case.

You normally have Christmas day off, no deductions from annual leave whatsoever.

 

X Approached the union and was advised that the company had acted unlawfully as they had breached an implied term of the contract as hours were never docked for Christmas day so why the change now?

 

X tells me that he continued to have meetings with both union reps and management regarding this and it concluded in the Union recommending ET. X believed a ET was some kind of procedural remedy and was not told of the attached risks. A month or two later the union rep approached x and told him that the case will not be continued because representation could not be secured.

 

Now X has received 2 letters, 1 from Brabners Chaffe Street Solicitors and the other from ET setting a costs hearing date for late November. The Application For Costs reads:

 

 

What are his options please? Thanks

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

 

 

 

1. We are instructed by the respondent, (L), in this matter.

 

2. We refer to the tribunals notice of withdrawal of claim dated 6th July 2012, which states that the claimant has withdrawn his claim.

 

3. Please accept this letter as the respondents application for legal costs incurred in defending this matter, to be paid by the claimant pursuant to rule 40 of schedule 1

of the employment Tribunals (Constitution and rules of procedure) regulations 2004.

 

4. This application for costs is made on the following grounds:-

 

a. The Claimant has conducted proceedings vexatiously, abusively, disruptively or otherwise unreasonably, and/or

 

b. The bringing or conducting of the proceedings by the claimant was misconceived.

 

c. The respondent submits as follows:-

 

i. The Claimants ET1 form was lodged on the 13th April 2012

ii. The claimant is a member of unison. The claimants representative is Mr Smith. Mr Smith wrote to the respondant on 3rd May 2012 in respect of the Claimants

grievance appeal decision.

iii. The Respondent's ET3 form was lodged on 14th May 20012.

iv. On the 1st June 2012 the tribunal issued a notice of hearing, listing the matter for hearing on 18th September 2012.

v. On the 25th June 2012 the Respondent made an application that this matter be listed for a telephone case management discussion, on the basis that

(and as per paragraphs 31 - 33 of the respondent's grounds of resistance) that the respondent did not understand the claimants pleaded case.

vi. On the 1st July 2012 the claimant wrote to the Tribunal withdrawing his claims. The reason for the withdrawal being that he had not yet had the benefit of legal advice

nor had he been successful in gaining representation for the hearing.

 

5. The respondent submits that the claimant has acted vexatiously, abusively, disruptively or otherwise unreasonably by issuing a legal claim in the Employment Tribunal,

then failing subsequently to prosecute that claim.

 

6. It is submitted that the claimants claim appears to have been issued vexatiously to cause disruption to the respondent's business.

 

7. It is submitted that the claimants case was misconceived. In his letter notifying the tribunal of his withdrawal of his claims, the claimant stated that the reasons for such withdrawal were that he had not yet had the benefit of legal advice nor had he been successful in gaining representation for the hearing listed for 18 Sep 2012.

 

8. The respondent has of course had to deal with the claim appropriately. This has resulted in significant amount of time and effort being spent on this matter, by both senior managers of

the respondent, and by its legal representatives. The respondent has today incurred legal costs totaling £5,408.40 (£4,507+VAT) in defending this matter. The respondent representatives current

hourly rates are as follows:

 

a. Parner:£310 per hour + VAT

b. associate: £195 per hour + VAT

c. assistant: £175 per hour + VAT

 

9. The respondent requests that the Tribunal makes an order that these costs pluss any costs of prosecuting this application be born by the claimant.

 

10. The respondent submits that the tribunal has discretion to make an order for the above costs without reference to a detailed assessment in the Count Court pursuant

to Rule 41 (1) (a).

 

11. The respondent is willing to attend a hearing to determine whether these costs be born by the claimant if the tribunal considers such a hearing is required.

 

12. We would respectfully ask that any hearing was listed for a time which would allow the respondents representatives (who are based in Liverpool) to travel to Watford

in good time. We would respectfully request that the tribunal lists any hearing for 14:00 if at all possible.

 

13. Whilst we have provided a copy of this application to the claimant (together with the reasons as to why our application is sought, and have advised the claimant that any objection to this application

must be sent to the tribunal office and us within 7 days of receipt of this application), we would be greatfull to the secretary to also inform the claimant of the matters listed in rule 11(4)(a) to © in accordance

with rule 11 (5).

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I have requested further assistance from the Site Team for you.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 9 months later...
Hi there just wondering what happened in this case?

 

 

Thanks

 

We will never know claire poster never returned.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Then start your own thread claire here in the legal forum.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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