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    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
    • There is a 'pharmacy' based one within range, although I understand the vaccinations are done by the pharmacy team at a nearby (otherwise closed) community centre - not the pharmacy   Have no idea why. probably space.   They are vaccinating with O/AZ as most seem to be apparently due to pfiser shortages
    • Thanks BankFodder. I sent the letter signed for on Friday, but it's not been received/signed for yet. So presumably the 10 days is from when they receive it?   Just to be clear, you're saying I should still start s75 now anyway (and not wait 10 days), correct?    
  • Our picks

    • 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
      • 27 replies
    • 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
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So, they are claiming that breaching the DPA is now a necessity to stop you from shoplifting in the future? Dont forget, they are nothing but a small company making money out of rather misleading and certainly unprovable claims regarding their effieiency at crime prevention. Perhaps they ought to fund a university researcher to look at the subject more dispassionately

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When will Jackie realise that she has NOTHING to do with the legal system and certainly has no authority to breach the DPA in order to stop a person from shoplifting.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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When will Jackie realise that she has NOTHING to do with the legal system and certainly has no authority to breach the DPA in order to stop a person from shoplifting.
Possibly after she has received a restraining order or a claim for damages following the breach ... ?
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That wont stop her. Read the judgement from the oxford case in 2012. Even though the judge was clear, she still tries to say he was wrong and the judgement was flawed. Even though she had no basis for a claim, and the basis she used was very shaky indeed. http://www.lossprevention.co.uk/Court%20Cases.aspx

 

have a read of that. its laughable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Even though she had no basis for a claim, and the basis she used was very shaky indeed.

 

Reference to the Aerospace V Thames Water case. Found this page of interest: http://addleshawgoddard.net/view.asp?content_id=2785&parent_id=2781 (the full transcript can be found: http://www.bailii.org/ew/cases/EWCA/Civ/2007/3.html)

 

 

The Court of Appeal formulated a three point test:

  • In order to succeed with its claim, a claimant must adduce all the evidence that it could reasonably adduce to show the extent of the diversion of staff;
  • Further, the claimant must establish that the diversion of staff caused significant disruption to its business;
  • If the first two elements can be established, it is reasonable for the court to infer that, had the staff not been diverted from their usual activities, they would have directly or indirectly generated revenue for the claimant in an amount at least equal to the cost of employing them during that time.

Previous cases had left doubt about how to make the link between staff costs and lost profit. The Court of Appeal's formulation confirms the position in R + V Versicherung and clarifies what is to be proved for a claimant to make a successful claim for wasted staff costs.

 

Security staff are employed specifically for duties relating to security (the clue is in the job title),

consequently, they do not contribute to profit of the business.

The cost of employing security staff is an operating cost deducted from the profit margins.

To claim that security staff had been diverted from their normal duties is disingenuous at best.

 

Para. 86 of the above transcript is the most salient section

- Perhaps Jackie would like to bring a copy along with her and demonstrate in what capacity security staff contribute to the profit of a retail business.

She may want to take qualified legal advice first.

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No... you can't eat my brain just yet. I need it a little while longer.
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Basically this was the third letter.

 

We write with reference to the above matter and further to previous correspondence.

 

We have recently been aware of your postings on the Consumer Action Forum Group, in which you admit your actions at our clients premises, but do not understand why our client seeks civil recompense from you.

 

As you will recall, we have urged you from the outset to seek legal advice on this matter. seek legal and proper advice or from someone who qualified.

 

Thier clients claim is a civil claim for damages for compensation for its losses. it is entirely seperate from any proceedings in criminal law, criminal law is to convict where a civil one is to place the injured party in the position it would be in had it been for your wrongful act.

 

the monetary resolution that you paid to the police officer in attendance was in conclusion of seperate criminal proceedings only to arising out of this matter.

 

if you contacted us to advise us of the above criminal outcome, we would of negotiated with our clients instructions to an amicable civil matter which could of included a token of payment and/or a written apology.

 

Despite what you have been advised our client is commited to the negation of an amicable settlement, without information from you, we are unable to to advise our client of any representation that you wish to make, to prevent court proceedings being necessary.

 

From not hearing from you, our clients account of the incident may be relied upon accurate account and will be retrained for 6 years.

If we do not hear from you within the next 14 days with information regrading this matter we will be sought on commencement of formal proceedings, or the file will be passed to a specialist company which recovers DEBTS and UNDISPUTED claims for damages.

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Today i got another letter from them.

 

After failing to respond to our correspondence, we can only reasonably conclude that you have no intention of settling our client's claim against you.

 

In absence of settlement, or a Defence, we advise that the full value of the claim remains outstanding.

 

We now have to advise you that the file is ready to be transferred to our recovery agent, which specialises in seeking payment undisputed claims for damages, and for debt.

 

We therefore put you on notice of our intention to transfer the matter without further notification to you, if we do not hear from you within the next 21 days.

 

In order to prevent the matter transferred, contact our collections department to:

 

SETTLE THE CLAIM

 

ARRANGE AN INSTALLMENT PLAN

 

ADVISE OF ANY POTENTIAL DISPUTE

 

ADVISE OF ANY MITIGATING FACTORS YOU WISH TO BE CONSIDERED

 

Failing to contact us will result in the transfer of the matter without any further reference to you/

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oh so they are going to send a doorstepper?

 

I like the way she continually uses the 'big important words like:

 

claim

defence

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Does she say what she wants to hear from you?

 

I can think of a few words that could be said or you could send the doorstep letter..then she would be screwed as she had heard from you . I know I am playing games so you could add something like

 

Further to letter dated XXXXXX where you state that if you didn't hear from me you would transfer the account .

As I have contacted you I assume that such an honest and reputable company as yourselves will be true to your word and keep the matter in house

Any opinion I give is from personal experience .

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Does she say what she wants to hear from you?

 

I can think of a few words that could be said or you could send the doorstep letter..then she would be screwed as she had heard from you . I know I am playing games so you could add something like

 

Further to letter dated XXXXXX where you state that if you didn't hear from me you would transfer the account .

As I have contacted you I assume that such an honest and reputable company as yourselves will be true to your word and keep the matter in house

 

No. Just say if we do not hear from you within the next 21 days. Will.that work?

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Ignore her silly prattle. She has absolutely NO right to send those letters with that content and has no right whatsoever to tell you where you can get legal advice.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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IMHO you need to stop playing letter tennis. All that needs to be done is to send 1 letter to her denying liability. Then bin or return to sender any other junkmail she sends you.

 

Im waiting for the day she sends these letters to someone, and that person takes formal legal action against her and her company. It's going to happen sooner or later. Its just a matter of time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ignore her silly prattle. She has absolutely NO right to send those letters with that content and has no right whatsoever to tell you where you can get legal advice.

 

 

Which letter? The one i got today? I knoe she cant. So will there be doorsteppers at my door seeing its being transferred to another recovery place?.

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IMHO you need to stop playing letter tennis. All that needs to be done is to send 1 letter to her denying liability. Then bin or return to sender any other junkmail she sends you.

 

Im waiting for the day she sends these letters to someone, and that person takes formal legal action against her and her company. It's going to happen sooner or later. Its just a matter of time.

 

 

What is IMHO? so basically all i need to write is "deny all libility to you" and that be it?

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We now have to advise you that the file is ready to be transferred to our recovery agent, which specialises in seeking payment undisputed claims for damages, and for debt.

 

Ergo, send a simple one line letter:

 

I deny any liability towards yourself or any other person in relation to this matter. No debt exists, either imaginary or genuine.

 

If/when a letter from a DCA appears, ignore, or respond in the same manner.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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No... you can't eat my brain just yet. I need it a little while longer.
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after all this time

 

I would not be sending her anything.

 

they can keep sending you poke-in-the-dark letters

trying to make you respond.

 

but you've already does that when the police officer

told you to put that money in the charity book/box.

 

lookingback on the whole thing

 

i'm actually quite concerned about that action.

 

unless you pay £xx to their named charity, i'm going to give you a FPN?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was playing silly beggars

To be honest I would wait until you hear from who ever they pass it to and tell them to go away.

Any opinion I give is from personal experience .

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Just read Dx's comment about the charity donation and I was and am still very concerned about that. It sounds to me like blackmail which I know is a very ugly word but thats what it sounds like. They are also banking on you being to scared to make a complaint

Any opinion I give is from personal experience .

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I would send the one liner denying liability to them or their clients. Then they can't legitimately pass this on to a DCA (which is what they are really saying that they will do as their next step)

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A fine is when the police give you a caution and fine you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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