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dx I have not yet signed or submitted yet. I'm just hanging on as long as possible for the post to see if they have replied to my request for cpr31 I the Defendant contends that the Claimants particulars of claim are vague and generic in nature. It is admitted that I had a supply agreement with British Gas in the past but does not state on which property this applies. The agreement I allegedly entered into was 1/12/2009. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically. Requests for the Claimants particulars of claim received and signed for by them on 9/4/2021 have not been supplied. Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement, the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3). With the court's permission the Claimant is put to strict proof to: a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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What about planning perm? Checked that?
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Yes, you can use a lot of what you've found - well done! You just need to order them into relevant sections. One on locus standi. One on the signage. One on de minimis. One on the Unicorn Food Tax. Etc. I haven't got time to read through the whole thread now, but promise to do so this evening when I knock off work. Can you confirm however that you have photos of both before and after they painted in their lines?
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Why didnt you follow advice and post it up for checking? what did you file please?
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dx Thank you for you help. The link you sent was very useful. I have sent in my defense. I would like to make a donation to the forum in appreciation. What's an acceptable amount? Tommy2000
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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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