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    • 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
    • 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
      • 33 replies

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Hello.. I am new to the forum and would like some advice to enforce an employment tribunal decision for unfair dismissal and age discrimination in norfolk.

 

I have been awarded a fairly substantial amount due to poor behaviour of the company in question, but the company are now saying that they do not have the funds to pay and have employed an Independent Insolvency Practitioner. I have some information that they may soon be entering into CVA. However, the company are still trading and appear on the face of it to have a steady income.

 

I have arranged for the High Court Enforcement Officers to attend the commercial premises but the goods at the premises are very low value. I am not aware of any further assets. I have looked into a charging order for the premises, but it transpires that the premises are not owned by the company that my judgement is against, but a company outside the UK.

 

I have also looked at a third party debt order, but the limited bank statements we have received from the company suggest they are in debt, so this may rule out this option.

 

We also have some information that the directors of the company in question have set up another company to operate part of the business, so obviously this raises some concerns to me about transferring funds/assets etc.

 

I am a bit at a loss as to what further I can do next..... are there any further options worth considering?.. Can action be taken against the directors of the company?

 

This is causing a great deal of stress to me and my family, so any assistance would be greatly appreciated. I am happy to provide more information or clarify some points if required.

 

Kind Regards

J.Wallis

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Hi J

 

Welcome to CAG as its the early hours the caggers may not be along till later to give you advice so please be patient you will get good advice to assist you in the meantime please have a look around the forum.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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One option might be to issue them with a Winding Up petition, as they would need to prove they had sufficient funds to pay their immediate debts if they wanted to avoid the company being wound up. It can be a costly process though if you fail, I suppose it depends on how much money they owe you whether its worth it or not.

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Unfortunately if you cannot identify any company assets, it will be very difficult to enforce the judgment. The first thing is to put a claim into the insolvency practitioner, hopefully he/she will be able to give you a steer about how many other creditors there are.

 

If the new company takes the assets of the old company and does not pay full value for them, or engages in transactions designed to defraud creditors ... then there might be a basis for pursuing the new company or the directors, but this is a difficult route to go down.

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