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Whilst I don't have the letter any more, I do recall Lowell sending a letter with something about income and earnings. I didn't read it properly, I just thought it was another offer of reducing the debt. I always believed debt collectors couldn't/wouldn't enforce debts through courts. Hence my lack of a serious attitude about it, and not keeping anything. If I know they sent such a letter, is that relevant to 3? Might my defence 3 need changing?
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By yellowplum · Posted
Yes, I have two of these currently at home - the first one they have still not collected and the second one that was the replacement that also arrived damaged but they haven't arranged a collection or done anything with. The vouchers were redeemed through a third party - they were just payment for participation in something - I had a choice of what to convert them to. -
OK, I've finally had time to read through the whole thread. The points you've found are excellent. I would suggest dividing your WS into sections with sub-headings, and then putting the appropriate points under each section. For example - Locus standi - they are not the landowner (can't see anything in their contract allowing them to sue rather than the landowner), lack of planning permission. Signage - pretending to be BPA members (in contradiction of their WS point 5), other points you've made above. Road markings - painting the yellow lines months later. De minimis - you paid for your parking and obstructed no-one. Double recovery/abuse of process - the £60 Unicorn Food Tax they have made up.
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yes this could help esp the IFA firm as like that other thread you then might have a claim if they've been struck off or done a runner through the FSCS.
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looks ok let @Andyorchcheck it over well done.. did you manage to see if Lowell solicitors did send you a letter of claim and an I+E reply pack about 1mth before the claimform via northants bulk court? dx
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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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BankFodder, -
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