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    • I’ve been getting debit collection letters from a number of diffrent companies but I don’t recognise any of them. So I signed up to one of the credit rating agencies to find out who I owed money to. But that didn’t help. It just lists the debit collection company and the amounts they say I owe them. The amounts are staggering. now I was caught out once before by a debit collection agency saying I owed money but not who to and I just paid it. It wasn’t till after this that I found out that some agencies just send letters demanding payment for a nonexistent debit. On my credit report it says I owe money to the debit collection agent but there are no records of any original debit. no unpaid loans or credit cards.  so what do I do? I had a serious brain injury so I have memory problems and some untreatable mental illness. Thanks for taking the time to read this.
    • Hi, I’m sorry I haven’t replied sooner and that I wasn’t clearer. The situation is this.  I had a pay as you go sim and wanted to change to a VOXI pay monthly account. the guy on the phone said I’d need a new sim that would be a standard pay monthly sim. He told me that once I got the sim then I could call and have it put on a VOXI account. So. I agreed but at some point in the,long conversation after he ordered the new sim he said that infact I didn’t need a new sim and could just change my pay as you go sim into a VOXI sim. so he did that. I assumed that that was the end of the matter. I had done what I set out to do. And didn’t think about the ‘new’ sim because it was not needed. I assumed he had canceled it because it was not needed. then in January I get a letter saying I was behind on my phone bill. so I called them and that’s when I found out the ‘new’ sim had been ordered but never arrived .
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    • Hi    Thank you for answering my questions.   As you have not contacted Goskippy about AX stating they were acting on there behalf you need to contact Goskippy urgently and ask them to verify that AX are acting on there behalf. (you need to know if what AX stated is correct)
    • His personal wealth soared as the video conferencing platform became a household name during the pandemic. View the full article
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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
      • 27 replies
    • 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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I thought I heard that there had been recommendations to drop all the jargon in courts for Litigants in Person, particularly in Small Claims? I wonder then why a DJ recently allowed Ms Wilkinson, Barrister, to talk about Quantums and heads of claim in the small claims court. Might as well have the done the whole thing in Latin as far as the LIP is concerned !

 

And, since when have barristers starting trying to get legal costs in small claims on spurious grounds that IF a case had been taken as a private suit (?) under contract law they would be allowed it blah blah blah - taking the **** over and over, failing to supply their opponents with documents that wish to rely upon - using documents that have not been mentioned or submitted until sitting in Chambers - what a disgrace!

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Retail loss Prevention springs to mind.

Mind you .......they all well versed on MagnaCarta !

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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Another interesting item to look out for with Barristers when talking throughout a hearing about "Head of Claim":-

Recovering time as a head of damage

The cost of wasted staff time spent on investigating claims or mitigating loss can be recoverable as a specific category, or 'head', of damage, whether or not it can be shown that the time caused additional expenditure or loss of revenue or profit.

There is no distinction between the time spent by profit-making employees, such as sales staff, and non-profit making employees, such as support staff, provided that the time spent by the employees relates to the defendant's actions and minimising the effects of those actions. It is irrelevant that employees might not work fixed hours and can incorporate extra work on top of their existing job - for example, by working at weekends.

However, it has to be demonstrated with 'sufficient certainty' that this wasted time was indeed spent on investigating or minimising the effect of the defendant's actions. A claimant claiming wasted staff time must therefore show 'sufficient disruption to the business' and that 'staff have been significantly diverted from their usual activities'.

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Yes in the Oxford case brought by A Retailer against 2 alleged shoplifters earlier this year,this point was clearly demonstrated as legal teams argued on it.

The Judge was not convinced that the costs being claimed by A Retailer,were claimable since they could not demonstrate severe disruption.

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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Martin - it would seem that claimant finance houses are trying to exaggerate their losses - however - in this case they brought a defective d/n into court twice! followed up by a late application and extra hearing ! The DJ did not allow all that anyway but I was interested in the whole manner of the barristers submissions and use of language. An overt assumption of right and attempt to 'ping' the brain - lol

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Absolutely.

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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