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    • 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.
    • Doing it that way does add an extra chance for a screw up in that someone has to marry the physical will to your online application.  Does seem a recipe for disaster.  Can’t see that a determination to move all applications online will be an improvement.  Doing it all with pen and paper and using snail mail last year I got the email to say they’d received it within days and probate granted a couple of weeks later both times.
    • HSBC has announced the closure of 82 sites across the UK as part of a wider strategy to create four new types of branches View the full article
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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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