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The problem is that they are moving backwards. Even the parliaments websites have taken a turn for the worse. -
What you've written is top draw in the snottiness stakes... ... and includes excellent legal arguments as to why their case is pants. But there is the problem. We have a case at the moment where a motorist wrote a detailed defence full of superb legal points - which gave the PPC's solicitors months to think up lies to counter those points. Forum regular dx always emphasises not to play your cards too early, and that's why. It's best to keep the fleecers guessing. So I would suggest - Dear Civil Enforcement (CEL) Limited I write in response to your Letter Before Action - Claim for Debt , which I have received in relation to PCN Number: ?????. I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Go and look up "de minimis" saddos. You have also scored a big own goal by adding a £82 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he? You can either drop this foolishness now or get a good spanking in court. The choice is yours. I look forward to your defeaning silence. - see tomorrow if any of the regulars suggest further tweaking, then send off on Wednesday with a free Certificate of Posting from the post office. -
Were you also receiving the carers element. This is roughly £160 per month extra. Make sure you were also receiving this and it was also backdated -
Have you moved since the incident?, just puzzling why you've not received the numerous letters from various people regarding this since the incident date? dx -
Not that I am aware of. No excuses but, Post has been erratic, I tested positive for Covid19 during January became really ill and still shaking it off.
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
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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-
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Picked By
BankFodder, -
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