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    • Hi Andy,    Thank you very much for your response. I'm just afraid if I take this to a small claims court and I lose, then I would need to pay their legal fees?
    • hi   im having a nightmare, barrister just quit said conflict of interest if use argument of undue influence on my husband   its not actually a point im going to use in witness statements, but he says he knows about it so cant act.   i have days to get these witness st  in and i feel abandoned. he says his advice still stands, we have a strong case   im scared to do fast track court on my own.   i have seen copies of internal emails between claimant and his solicitor- they rely on the loan offer and loan agreement being considered together as one contract. (they are sent and signed seperately at  different times, but want to append offer to form 'part of' loan) .- but also quite tellingly ask each other 'is there any other agreements with their personal signatures on?'   we are arguing - loan agreement signed 'on behalf of limited company' no statute of frauds , lots of case law etc. relying on construction of contracts and interpretation case law too in full barrister advice and legal defence   my husband never signed a loan offer, condition precedent which  they want to append to a loan agreement signed  only on behalf of company its easier to argue his case.   i have signed the loan offer  11 june (proved by certificate of completion), i have email where they nagged me to sign immediately or they will delay funds-email evidence to go in bundle   then they sent loan agreement for me to sign on behalf of company a day later 12 June-(docusign evidence provided but not actual loan agreement) - ididnt sign until the 17th    which contained information and definitions i required to understand the loan offer,   i never intended any signature on a loan offer to apply to a loan agreement i hadnt been sent or seen. this would lead to an unconscionable result due to their pressure and coercian   you've seen the loan offer and agreement above, what do you think   i am need of moral support today to see if i can manage this on my own.     TIA            
    • Hi  - no this is in another town unfortunately. snotty letter, ive tried 3 times to find one, ill try again    
    • Hi and welcome to the forum.   They really wont toe the line and comply with government legislation......small claims court time...then they will listen.     Andy
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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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My works solicitor has offered 500 to settle case yeh right! i have asked for 20k! haha

 

anyway hes not budging .......

 

tribunal is in one weeks time can they wait until the last day to settle? surely the court will blast them for the amount of work they put in just for there solicitor to "wait" knowing fine well they wanted to settle.

 

Can they wait until the last day?

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Given they don't have to settle at all, they can offer at any time.

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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Whether you accept any offer or not depends on the strength of your case. Last minute and even mid-hearing settlements are not uncommon and the Tribunal will not bat an eyelid nor criticise any party over it.

 

A solicitor will never settle for what you want unless they know they have no chance whatsoever of defending.

 

You say you have asked for £20k - how strong is your position? How realistic is that amount for the case that you have? What evidence have you got? What are your witness statements like? How confident are you about cross examining the Respondent?

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Yes but what if they offer and its like half way threw the case and im winning so refuse any settlement .......... and they then offer like 500 pound more than judge would . So then i end up not only losing compo but also i am responsible for their cost.. wat da hell for real?

Edited by ims21
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And the other thing i perhaps should mention .

 

So they would rather pay for lawyer fees for going to tribunal rather than settle before? I take it any settlement during a tribunal is just because they realize there going to lose ie the tone of the judge , sounds a bit desperate.

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. wat da hell for real?

 

yknow, I'd be taking it more seriously

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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Once again you need to look at the strength of your case. Even if you were to proceed to a full hearing and lose the case, a costs award would be very unlikely providing that your case had some merit, you have kept to the case management order deadlines and have not acted vexatiously in taking the case to Tribunal. It is a risk that you have to take when going to a Tribunal that the Respondent may offer you an amount which is unacceptable, you proceed to a hearing, win the case but actually get awarded less than the offer made prior to the hearing. It is always going to be a judgement call hence why you need to research what you would be likely to be awarded (which never amounts to what you have claimed!) if successful, together with the likelihood of you actually being successful.

 

If you win your case, or if you reach a settlement, you will not have to bear the other side's costs. Only if you lose may they make an application for costs, or if you were to withdraw the action and they felt that you had brought the case unreasonably and caused them costs unnecessarily.

 

The solicitor acting for the employer may be on a fixed fee, although they may also bring in a Barrister for the hearing itself depending on how much legal argument and skill at cross examination they feel might be needed.

 

The last time I had to pay for a solicitor's time it was well north of £100 per hour, and a barrister may well charge an amount running into several thousands per day.

 

Care to tell us an outline of the case and why you think that you have a strong claim to put before the ET Judge?

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No you may not rephrase. Emmzzi made a valid point, and I would have to agree that if you present the case in the way that you are putting across here, then you will be on the back foot from the start.

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Good luck with it.

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Thread closed :-)

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