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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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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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Thanks to Mr C for putting us in the picture.

 

My dream of equilibrium is realised in my world:-D zero everywhere! Some respite at last and let's hope the answer to having low cost energy is around the corner.

 

Why doesn't Russia concentrate on themselves, creating jobs and stop being aggressive.

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Currently wondering what noise a 3d printer will make if launched via an upstairs window...    It's not worked fully for a couple of months so I brought a new nozzle for it, only to get the

Said it every year so far but I think next year I bite the bullet and get aircon in the house   After all I will have paid off the car and it does heating as well - as our boiler nearly alwa

My thought today is that my boss is very un-accommodating. 🤨   I merely asked if I could take the next six weeks off so that I can find some remote island (hopefully somewhere warm) that had

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Mr C said in his 10 D speech, there was talk of building houses to own but nothing about building to rent, away from the private landlords which can be too expensive.

 

Wow, Sky news are showing the scaremongering side of the election. Maybe they should employ JC and they can have the headache.

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my thoughts of the day, is it over yet! already fed up of it and still got 6 weeks of it! :/

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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my thoughts of the day, is it over yet! already fed up of it and still got 6 weeks of it! :/

 

The positive side is that this can help more people become engaged and hopefully voting. I would love to see at an 80% turnout:-D

 

Some corporates showing their true colours, stick to your quotes or don't say them at all.

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A UKIP Conservative alliance in a coalition Government, it's all the same thing? Maybe it was a cunning plan from the start. !

 

 

Mmmm .................

 

 

Alarm system not switched on? Whatever next!

 

 

 

The US police need to have cameras operating attached to their uniforms.

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So, offering shares in Lloyds Bank. I thought we had shares so why don't they just gives us the share certs for those. Supposed to be affordable for all? Well it starts at £250 but you get priority if you buy £1000 worth. The eighties revisited. It'll be big shoulder pads next! Mrs T was poll axed by the poll tax and this time the blues under estimate the damage the message of the bedroom tax has had. Mr C will be in a street near you soon:madgrin:

 

Lot's of talk for house buying, can't hear anything for all the renters struggling and those who want the choice of not buying a home. It's not for everyone, check out Germany.

 

I've read the blues intend to lose 2000 nurses in the mental health care sector.

 

I do think we should get resources going in Wales to kick start regeneration. A fabulous land crying out to have business invest in the future there. Lot's of potential for doing amazing things with renewable energy comes to mind for a start.

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As smaller companies get sucked up by the multi nationals, the wealth of the world will stay in a small number of hands, the ones who decide the wages. It was all a con that wealth would trickle down. It's trickled up! When they work out there's a point where people are squeezed so much they won't be spending, that affects them, maybe, just maybe they'll see the light and do the right thing.

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As smaller companies get sucked up by the multi nationals, the wealth of the world will stay in a small number of hands, the ones who decide the wages. It was all a con that wealth would trickle down. It's trickled up! When they work out there's a point where people are squeezed so much they won't be spending, that affects them, maybe, just maybe they'll see the light and do the right thing.

 

At last, a discussion on the wealth chasm. For a minute I thought nobody noticed there's a problem.

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I was driving along thinking about friends and a thought came to mind. Friends don't take offense they take advice. I may even be able to claim this as my quote:-) It means your true friends know you well enough to understand if they ask for your advice or you feel the need to give them advice, you have their best interests at heart when you give your opinion. Just celebrating the feel good factor of friends.

 

George Clarke's Amazing Spaces Channel 4

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Shall I get rid of the TV, as there is nothing to watch and reading a book is more interesting.

 

British TV is now mostly rubbish, with very few good programmes on. I have gone off historical drama series which are made, just in case US TV networks want to buy them. I love Dads Army, but that is constantly being shown on BBC2 and I am surprised that there would be anyone who has not seen an episode. ITV is full of rubbish family entertainment shows, which are mostly worn out old formats, which they try to modernise. Britains got no talent is dire.

 

Then there is the constant repeated news programmes, which have become dumbed down. Delighted for the Royal family on the birth, but do we need to see interviews of some midwife that had nothing to do with the birth, being asked when Kate would be leaving hospital. There is so much else going on in the world.

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Shall I get rid of the TV, as there is nothing to watch and reading a book is more interesting.

 

British TV is now mostly rubbish, with very few good programmes on. I have gone off historical drama series which are made, just in case US TV networks want to buy them. I love Dads Army, but that is constantly being shown on BBC2 and I am surprised that there would be anyone who has not seen an episode. ITV is full of rubbish family entertainment shows, which are mostly worn out old formats, which they try to modernise. Britains got no talent is dire.

 

Then there is the constant repeated news programmes, which have become dumbed down. Delighted for the Royal family on the birth, but do we need to see interviews of some midwife that had nothing to do with the birth, being asked when Kate would be leaving hospital. There is so much else going on in the world.

 

I would say yes :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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I would say yes :)

 

The BBC use to be very good with excellent series like Spooks, but they have gone now. I cannot think of any good programmes on the Beeb at the moment. Do I really want to pay £150 for a TV license, when 95% of output is repeated programmes. Even though they are repeats, it still counts a live output, so you need a TV license. If you happened to watch the same programme online on i-player, you don't need a TV license. Silly really !

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BBC 4 now 10 Things you didn't know about... tnite it's tsunamis. The beginning covers the meteor which is said to hit the earth near Mexico and started the end of the Dinosaurs. Now onto Atlantis...............

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Is the world going mad ? Royal Baby is a good news story and is giving an uplift to the news. But you hear of all the problems going on in the world, which does not get the same coverage. e.g even more migrants rescued in the Med, while getting into difficulty fleeing North Africa. We have parts of America, which appear to be descending into chaos, where riots follow black men being killed by white Police Officers. Conflicts going on in scores of countries around the world.

 

So much negative stuff, that TV news will start showing the heartwarming animal videos again at the end of their programmes.

We could do with some help from you.

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why the Royal can not choose a name for their child and not what anyone else tells to to choose, after all she is their child!

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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why the Royal can not choose a name for their child and not what anyone else tells to to choose, after all she is their child!

 

They can choose the name, but there is a Royal (wider context) list of names which tend to be picked. By wider context, I mean Royal families within Europe, as they are related.

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They can choose the name, but there is a Royal (wider context) list of names which tend to be picked. By wider context, I mean Royal families within Europe, as they are related.

 

a german name(s) wasnt picked :)

IMO

:-):rant:

 

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a german name(s) wasnt picked :)

 

Charlotte is of course the female version of Charles and has a French origin.

 

They could have called her Wilhelmina, but I am not sure the Daily Mail would have liked that.

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Charlotte is of course the female version of Charles and has a French origin.

 

ah, that makes sense, franco/german. the windsors (being a name change) being of german descent? :)

IMO

:-):rant:

 

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Prince Phillip who's mother's name was Alice. Could be a thought if George is named after the Queen's father.

 

Alice in Wonderland, rather fitting I think.

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...

They could have called her Wilhelmina, but I am not sure the Daily Mail would have liked that.

 

ah ok, william being the equivalent german male name. :)

IMO

:-):rant:

 

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