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By Bakerboy27 · Posted
Thanks for that, point one just confirms what I thought, I will get back to work on it with those suggestions in mind. Cheers -
By Man in the middle · Posted
Two quick and immediate points: 1. Do NOT get your employer to suggest you were exhausted. You shouldn't drive whilst exhausted and it aggravates the offences. But in any case, since you are pleading guilty to them it doesn't matter. The circumstances of each offence are not relevant when the court considers your EH argument. By that time you have been convicted of them and how or why they happened is not a consideration. 2. Instead your employer's letter to the court should concentrate on the "Hardship" that others (e.g. the company or your colleagues) will suffer if you are banned. It should also cover why no alternatives are available to them (e.g. are your skills and knowledge scarce such that they cannot easily be replaced; can they not train somebody else quickly to do your job). That sounds harsh but your employer will be asking the court to accept that they will suffer hardship. Part of doing that is to demonstrate that no practical alternatives are available. Remember, you will get three points for each offence whatever mitigation you offer for them - that is the minimum. So you don't need to concentrate on that. Concentrate on explaining the exceptional hardship that you or others will suffer. -
By BankFodder · Posted
Well that sounds a bit more hopeful. I suggest that you search the land registry https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do and if you happen to find that he is the owner of the property then you've got a very good chance at enforcing a judgement. He doesn't own the property then I think we have serious problems. I think that the search costs may be about £3 or so. This is definitely worthwhile doing -
but you sent a cca request to the claimant did you not? dx
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So would I need to cancel the Mediation?
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Our picks
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
- 31 replies
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