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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

worried being evicted on 30th january


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hi my situations bleak and have need help.

I have been suffereing domestic(mental) abuse at home and had no idea that we ere going to be eviticted until a field agent working for g.e money knocked on my door.

 

i received a bailiff eviction order on thursday and its due to go hed on 30th january. i went straight into my local council whom said they had a property for me but it wont be ready until until end of feb and the housing lady put this in writing and told me to fill in an n244 to ask for more time as i have a disabled son who wouldnt cope with moving twice I have three dependant children.

 

i have no idea how to fill in an n244 and feel i am running out of time...i have no where to store my belongings and am going to lose everything.

 

the g.p has put me on antidepressants and sleeping pills and has offered to write a letter supporting me but he says he has no idea what info he would need to put in it so wants me to supply some bullet points for him and i dont have a clue.

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Hi there, there are examples of how to fill in the N244 in this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession and also how to construct a statement to go with Q.10 of the form. In the second post of that thread you can download and print the N244 form and also the budget sheet which should go with it.

 

Have a look at the guide and let us know if you need any further help.

 

You should aks your GP to write a letter addressed to the court stating your present state of health and medication you take. He should ask the court to grant you time so that you can move to the council property which will not be ready until the end of February as the tauma of being evicted would be detrimental to your current state of health.

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hi reallly sorry i have read the guides but am still unsure of how to write out the n244 to ask for more time, do i start it off with saying i needto ask for a delay of eviction or how it came to this mess in the first place and how i was unaware? really struggling

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I'll try and draft something later, but have family here today. Is the mortgage in joint names ?

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do you have a printer at home ?

 

can you be online this evening ?

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OK, I'll catch up with you then

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Hi, when do you think you could get the letter from your doctor ?

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Hi, looks like I posted just before you :)

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i have no family apart from my children, no where to stay or store belongings and my son needs familiar stuff round him, when he has been stressed in the past he has self harmed

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Hi just a couple more questions - has your husband left the property?

You say you didn't know about the arrears - is that because your husband took responsibility for paying the mortgage ?

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yes he took resposibiliy for paying mortgage, i only paid it when he told me he couldnt, he has now left the property but has done so in the past, i am in the process of trying to get legal aid to get an injunction to keep him out. have had legal advice on it but waiting for yet another doctors letter for the legal aid.

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Affixed is the statement for court – you need to fill in the information where there are XXX's at the top of the statement (remove the XXX's) - the information will be on the eviction warrant - read it through carefully to make sure all the info is correct and put your husband's name where there are XXX's. When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

Take a photocopy of the housing authority letter and then write the Claim Number on the top left hand corner then on the top right hand corner write Appendix 1.

 

 

Now assemble as follows:

N244 signed

Statement – signed

Appendix 1 – Housing letter

 

This forms the pack to take to court. Make sure it is stapled securely together – take a copy of it all before stapling so you have a set to refer to in the hearing . When you hand it in you will need to pay a fee of £45 and it will have to be in cash (take the eviction warrant with you). Also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

 

These are the instructions for completing the N244

 

1.Your name

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

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You're very welcome :) Any questions, just shout.

Don't forget to take a copy of the paperwork before you hand it in to the court and also remember to ask them if they have any duty legal advisors at court on the day of your hearing.

 

Once you have a hearing date post back on here - we can then run through the hearing process with you.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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You would only need to submit a budget sheet if you were offering payment towards the arrears in order to stay in the property.

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You put the details at the top of the statement and the N244 exactly as they are shown on the eviction notice - it should be the mortgage company's name.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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