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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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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

Bryan Carter/Lowell/Shop Direct court claim***Claim Discontinued***


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We could do with some help from you.

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hi with the first bit in the defence could I use the fact I was and still am unemployed? I am a full time mum lol

 

Sorry doesn't matter I read it wrong im so stuck I think I might just leave it and let them get their default judgement. thanks for the all help anyway x

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As stated you will have to edit to suit your particulars of claim ...at this early stage it may be wise to refrain from stating that you were unemployed....that will not gain extra brownie points.......admit or refute only to what they state...you can add history later in a WS if it is required....

 

 

That defence merely puts them to strict proof to test if they wish to proceed.

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"Sorry doesn't matter I read it wrong im so stuck I think I might just leave it and let them get their default judgement. thanks for the all help anyway x "

 

 

Exactly what MR C wants to read...what a shame.

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But in the post it says "sent a section 78 request" I didn't send one? so do I just delete all the parts that mention that? Sorry I am sounding extremely dumb but im sure any mistake I make Bryan Carter will pick up on it. And I don't want to admit to the agreement because surely that would mean I do owe the money and will lose?

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Then you edit to read ...Paragraph 1, I neither admit or deny and have no recollection of any agreement......

 

 

Once you state that you can pretty much type what you like without any admittance.

 

 

Have a go ...post your draft and I will check it back to your PoC.

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Do I add that I sent a cpr 31.14 and they refused to provide me with the documents on which they base their claim?

 

 

If you have then yes thats the truth

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Paragraph 1 I neither admit or deny and have no recollection of any agreement.

 

Paragraph 2 is denied I have no recollection of the debt to be assigned/purchased.

 

Paragraph 3 is denied I have no recollection of any agreement with shop direct.

 

I have sent the claimant a CPR 31.14 request and have had a response from them stating they would not provide me with the documents on which their claim is based.

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for;

© 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.

 

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

How well have I managed to butcher your good work? lol

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Refresh your page linzi I have edited your post.

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Yes...if you are submitting manually add Claimant V Defendant and claim number if you are submitting vis a MCOL then its not required...print off your receipt as proof of submission.

 

 

Regards

 

 

Andy

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Afraid so...the court will confirm your defence has been forwarded to the claimant...they have 28 days to respond or decide to proceed....if not the claim will be stayed until either party make application to proceed (for whatever reason).

 

 

Best of luck

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  • 4 weeks later...

hello hope you all had a good xmas and new year. Mine was brilliant until these 4 letters dropped on my mat lol. I'm not sure what to do now? They have said they are proceeding with the claim. I have attached the 4 letters and I'm wondering if anyone can help me with what to do now please.

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Uploads unapproved please cleanse and repost PDF 1 & 4.

 

 

Regards

 

 

Andy

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So sorry, I didn't even notice that.

 

 

I have attached them again without my name lol.

 

 

Thanks for replying again.

 

 

So do i just do nothing and wait to hear from the court?

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Yes unless you wish to accept BCs offer of consent to settle the matter.

We could do with some help from you.

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Thanks Andy. I don't really want to settle and they still haven't actually shown any proof that the debt is mine? If i leave it to the courts do you know what happens next?

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Well if they have actually informed the court they wish to proceed the claim will be allocated to its track. You will receive a DQ (Directions questionnaire) to complete and once submitted a Notice of Allocation which will contain directions and time table of what is to happen next and when.

 

 

But this clown usually issues a Notice of discontinuance once they have to pay for it to proceed.

We could do with some help from you.

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Ahh ok so just sit and wait for now? How will i know if the issue a Notice of discontinuance? will it be the court or Bryan Carter that tell me? once again thank you so much for all the help you have given me with this.

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