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    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • Seeing your posts I am feeling very grateful that the online process was not available last year when I first had to apply so didn’t choose it for the second one.  Paying the fee was my big problem as that had to be done over the phone but other than that I had no issues.  I am convinced that sending all documentation in one package to one place was no bad thing.   Other than waiting on the ombudsman I’m not sure where you can look to.          
    • No problem. Glad we helped.
    • Well, I'm not having that luck. A quick google shows that I'm not the only one either.   It's very hit and miss it seems.   Currently, I'm looking for some recourse, as this is eating my and my sister's inheritance up in interest and government fees, when it should have been a cut and shut case.
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi There,

 

I'm hoping someone with experience of how the tribunal work can advise me on this.

 

If a key witness is unable to attend due to sickness, and doesn't provide any sick notes or letters from their doctor (after the case was listed and cancelled due to this) can the tribunal decide not to re list the case?

 

Can the tribunal consider the case in their absence and what factors are taken into account?

 

Thanks Jovanna x

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too sick to provide a statement maybe witnessed by a lawyer or similar that met them at home?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The witnessess are the other side. After I provided my evidence, they went off sick.

 

The case was originally listed for a week in April, and the tribunal cancelled this to be listed for another date, following evidence they provided of illness.

 

They're currently waiting for medical information which would indicate when one of the witnesses would be fit enough to attend the hearing, but to date this hasn't been received.

 

I am told that the tribunal could decide to list the case without it- or indeed decide not to.

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