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    • All further indications that Johnsons' 'guvernment has no intentions of dealing fairly.   Bet Gove was arguing against a less blatant lie and cheat stance that trashes the Uk's international standing.   I'm waiting for other nations to do the same with the deals the UK has struck with them once its in their interests: Following your example, we have unilaterally amended our agreement Boris. We will now send you the bent bananas you desired for twice the price of straight ones. Chew on that - as long as you pay in advance.
    • Did you submit any kind of response to their defence submission?   You are perfectly within your rights to do so and can use it to elaborate on the facts and present the legal arguments behind your case.  Just write it in the same template as their defence and send it to them and the court.  Ensure that they acknowledge receipt as it will become evidence.   It also gives you the chance to unpick their defence, apply for parts to be discounted where you can argue for such a move and make the case why their request for costs should be dismissed.   Look up the legal definition of unreasonable conduct as that is the only reason for permitting defence costs in the small claims process.  Then state why you have been reasonable and why they are unreasonable.  This usually is because they never reply to emails, never listen, reject all requests through their own processes and leave you this process as the only available course of action.
    • When I said Europe wouldn't be pleased to see David Frost back, I didn't expect that within about a week of being appointed he would unilaterally extend the grace periods for goods travelling to N Ireland and risk legal action and damage to the UK's reputation in the world. It's quite concerning to me, but clearly not to the government, what's being said in NI by unionists and loyalists.   It's hard to believe he was our ambassador to Denmark when he behaves like a night club bouncer and only seems able to negotiate by confrontation.
    • Hi Scourge, No, no mentions of birdstrikes.  Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect.    All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements.   Yes, the solicitors quoted £350 as cost of them preparing this defence.
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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

Brothers HSBC/DG Stayed cLaim - credit Card - no Enforceable paperwork provided


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Sorry, of course.

 

Well, as there is no evidence of a default notice, they cannot terminate.

 

Unless they use s92 of the CCA and give you three months notice –*but they must do exactly that, quoting s92, and give three months’ notice!

 

As ever, they play dirty and tell outrageous lies. Be careful.

 

I caught them out badly in court once with a Cagger, and they caved in. Their trick then was to send evidence with applications to the court, but not to the defendant. But you really need your wits – and the facts – about you.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Well, as there is no evidence of a default notice, they cannot terminate.

 

Unless they use s92 of the CCA and give you three months notice –*but they must do exactly that, quoting s92, and give three months’ notice!

 

No DN, 2 months notice and no mention of s.92 ....... just termination.

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Just keep a log of all this. They are hoisting up a nice gallows for themselves at present.

 

ANy use of s92 should also be mentioned in the T&Cs.

 

They also lied about costs – costs CAN be awarded in small claims, though it’s not the norm.

 

I wish you had them making those statements on tape. Please record any conversations you have with them.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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They also lied about costs – costs CAN be awarded in small claims, though it’s not the norm.

 

I know costs can be awarded in small claims, that's what DG said, i.e. THEY can claim costs under the contract (an agreement they can't locate) but we can't. So it's one way costs to them.

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Rubbish! If they lose, and their unreasonable behaviour warrants it, the judge can award costs against them. It’s a myth that small claims = no costs. There’s a famous case where the costs in a small claims case were astronomical.

 

They only costs they can normally recover are the costs of issuing the claim, so once again they are telling lies.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Tifo

 

Guess you've worked out that extortionate costs orders arise from pre allocation hearings, such as sj apps.

 

From the limited info on your thread the case would require an app to proceed at post 6 months.

 

One of the reasons i never advocate an app to strike our pre allocation is the inherent risk of costs. Not sure what to suggest for yours beyond preparing an unless to counter any sj in the future.

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  • dx100uk changed the title to Brothers HSBC/DG Stayed cLaim - credit Card - no Enforceable paperwork provided
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