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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
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Summons Received via Capquest/Dryden solicitors for Halifax CC debt...help!


Ingrid
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This is what happens when you dont come back for advice Ingrid...now if you had of posted in Nov 13 stating that they were 14 days late we could have struck it out.You have allowed 5 months to pass and allowed them time to get up to speed.

 

Regards

Andy

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Ingrid You unfortunately seem to have taken a rather flippant approach to this debt and now it has come back to bite. However, all may not be lost.

If the agreement was pre-2007 the original, not a copy, is most likely needed for enforcement to succeed and it should be "compliant". And are you sure it is the agreement itself they have sent, or just an application form?

If you scan and post up what you received asap, peeps here may be able to assess its compliance for enforceability.

For your part, you can ask whether they have the original or are relying on only a copy.

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This is the initial acknowledgement from the Court to my defence. I think I got confused over the first paragraph which suggests that the Court would inform me of what will happen. I checked mconline and, again, there's only an acknowledgement.

I didn't realise the onus was on me to pursue it.

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Cant read any of the above Ingrid all uploads must be PDF format.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Work's machine will definitely work. I do have a pdf button on my home machine but nothing happens when I press it.

It does, unfortunately, look like the agreement. Believe me Oleg, I have been having sleepless nights over this and no-one is giving themselves a harder time than me.

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We've all been there, Ingrid, but believe me, it just ain't worth it. With respect, you probably made matters worse by not taking things seriously earlier, but hey ho, the past is passed and we try again.

Pls get some good sleep. Don't count DCAs or scanners, stick to sheep.

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Ostrich syndrome Oleg. Once I'd missed a couple of payments early on on this debt, with the amount of other cc payments and severe lack of income at that time, I was on a hiding to nothing. The smaller debts I felt I could manage. But this one's not going to go away. I don't understand the Court system and have been kicking myself hard since I learnt that I should have contacted the Court myself. I truly believed that they would contact me had Drydens not responded within the 28 days.

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The sad reality is that much of the Court system is opaque and Common Man / Woman is brushed aside and left bewildered. It is truly shocking that when proceedings are issued they don't supply more brief "What happens next" guidance notes.

Debt purchasers are aware of our ignorance and profit on our misery. Shamelessly immoral.

Happy scanning today. I may not be around later but I'm sure others can review your docs, especially checking enforceability - or lack of [we hope!].

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Hi Ingrid

 

Well the agreement is questionable ..... it does not contain all the prescribed terms also your signature is not within the the prescribed terms of the agreement nor is there a link to connect the T&Cs with the agreement.

 

They have still to disclose a Notice of Assignment also.

 

So its your call.... if you think you can argue the merits of my points above in front of a court you ignore their letter if not you can approach them to try to settle this by way of a Tomlin Order and affordable repayment plan...this will will avoid a CCJ and put you back to pre litigation.

 

You had 14 days in which to decide...if they proceed to Summary Judgment they may well attain success unless you can throw any other argument into the ring.

 

Regards

 

Andy

We could do with some help from you.

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Hello Andy

I deleted my signature, which is alongside the date on the second page of the agreement (if that's what you are referring to)

What is a Notice of Assignment - I shall check to see if that is within the paperwork they sent me.

Also, what is a Tomlin Order?

Also, should they proceed to Summary Judgement what happens?

Please accept my apologies for the questions. I feel I have let you down as you have been so helpful, and I just totally didn't follow it through, not for just one reason, but that really is no excuse.

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I see therefore it is enforcable...a notice of assignment is when the claimant purchased the debt from the original creditor.

A Tomlin Order is a consent to stay the claim subject to you agreeing the schedule of the terms and agreeing a payment plan.Its probably the next best outcome that you could hope to achieve now.

 

Regards

 

Andy

We could do with some help from you.

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Edit: cross posted. Wrote this not knowing Andy had picked up. Sorry

 

 

Hi again Ingrid

 

I can't stick around now so this just a brief visit. I'm sure Andy will be back before too long.

 

Any time you meet a term like Tomlin try the library or search box before enquiring here: it will often answer your question.

 

Don't let thoughts of court deter you if you feel your case has merit and you would want to fight. Half the trick is to construct a solid well argued written defence.

 

I'm writing from phone and can't see your attachments so I can't at present add to Andy's comments on the agreement you've been sent.

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My husband has just posed this question:

 

"As I understand it Drydens had 14 days to come up with the signed CCA, which they didn't do. Almost 5 months later they write saying that they have the signed CCA and are asking for offers of payment. They have not gone to the Court at this point, asking for the stay to be lifted as yet.

Can we not write to the Court now and ask for the claim to be struck out before Drydens apply for the stay to be lifted, ie is there a time limit on asking for it to be struck out.

Surely if they were confident of a win they would have gone to the Court to ask for the stay to be lifted rather than come straight to my wife to ask for payment."

 

I understand what he means, inasmuch as they had 14 days to provide the proof, they didn't. They are the people who deal with this every day but didn't follow procedures.

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Yes you could but it would be pointless as they are now prepared......stable doors horse bolted spring to mind.Yes you are correct they have only intimated their intentions at this stage but that is purely to save costs and court time should you wish to settle and is expected by the court.

 

Regards

 

Andy

We could do with some help from you.

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I thought so, hubby just thought it might have been worth a go given that they weren't compliant. So it's also not worth asking if they have a copy of the original agreement then? I suppose it's just dragging out the inevitable. Hubby is still telling me I should write to the Court asking for is to be struck out, but I suspect they will contact Drydens who can argue that they won't allow it. Would that be right?

 

I'll apologise now Andy, for not taking your advice - you have helped me with the best of intentions, and I feel I have let you down too. I really wished I'd understood more about the striking off, but I didn't.

 

Anyway, back to the next step! Do you think they'd accept a f&f settlement, and what sort of amount do you think they'd accept (I have already mentioned my m-i-l has offered in order to help me) Same with a monthly payment too, as I don't want to offer more than I can realistically afford.

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Why are they not compliant? Of course they will object to your application to strike out...they have now you... allowed them to....so a waste of £80.

 

You really need to approach them now and start the ball rolling on negotiation...suggest a payment plan that is realistic and affordable if they are not interested in F&FS.

If you can get a Tomlin Order in place it will avoid a CCJ and maybe costs subject to your negotiation skills.

 

Regards

 

Andy

We could do with some help from you.

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On a debt of £6k what would be a realistic offer of settlement? Do I only get one shot, they throw it back at me and ask the Court to remove the stay?

Basically, I'd have to borrow from a family member and funds would be limited (I have no savings of my own) How negotiable at these people?

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Depends if you are considering a F&FS or a monthly payment plan...I personally would go with the second option and offer £30/45 per month.(if affordable)

They all vary Ingrid but they all have one thing in common...greed.So some would jump at say 60% as a F&FS as its cash up front were as monthly is payment on the drip and they did not buy your delinquent debt to be paid on the drip.

 

The important thing is to negotiate a good deal that is affordable and avoids a judgment (preferably without costs)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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How negotiable they are depends on their assessment of your financial situation, so it's hard to judge where to pitch any offer you may make.

.

Could you please keep us informed as to how this all pans out, even if you don't need further advice? People as you know read threads to learn of others' experiences and it's always a shame when they end with no ending.

.

I'm sorry that you look like having to pay Capquest. I loathe them for some of their tactics. It's such a pity that you gave them chance to manoeuvre against you.

.

Best of luck with the negotiations.

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Okay, thank you! So I shall be putting together an offer letter this weekend, sending it out Monday. Do I just make an offer, or do I have to detail my income/monthly expenditure to back the offer up?

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