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    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
    • ok if you don't get your from the court tomorrow there are blanks here to send   let see. no immediate rush.
    • Hi Andy,    Thank you very much for your response. I'm just afraid if I take this to a small claims court and I lose, then I would need to pay their legal fees?
    • hi   im having a nightmare, barrister just quit said conflict of interest if use argument of undue influence on my husband   its not actually a point im going to use in witness statements, but he says he knows about it so cant act.   i have days to get these witness st  in and i feel abandoned. he says his advice still stands, we have a strong case   im scared to do fast track court on my own.   i have seen copies of internal emails between claimant and his solicitor- they rely on the loan offer and loan agreement being considered together as one contract. (they are sent and signed seperately at  different times, but want to append offer to form 'part of' loan) .- but also quite tellingly ask each other 'is there any other agreements with their personal signatures on?'   we are arguing - loan agreement signed 'on behalf of limited company' no statute of frauds , lots of case law etc. relying on construction of contracts and interpretation case law too in full barrister advice and legal defence   my husband never signed a loan offer, condition precedent which  they want to append to a loan agreement signed  only on behalf of company its easier to argue his case.   i have signed the loan offer  11 june (proved by certificate of completion), i have email where they nagged me to sign immediately or they will delay funds-email evidence to go in bundle   then they sent loan agreement for me to sign on behalf of company a day later 12 June-(docusign evidence provided but not actual loan agreement) - ididnt sign until the 17th    which contained information and definitions i required to understand the loan offer,   i never intended any signature on a loan offer to apply to a loan agreement i hadnt been sent or seen. this would lead to an unconscionable result due to their pressure and coercian   you've seen the loan offer and agreement above, what do you think   i am need of moral support today to see if i can manage this on my own.     TIA            
    • Hi  - no this is in another town unfortunately. snotty letter, ive tried 3 times to find one, ill try again    
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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

Still Waiting for Claim Form


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Hi All,

 

I'm still waiting for my claim form to come through, should I be concerned that it hasn't arrived yet or are others still waiting?

 

I did call them and update my address details over a month ago, so there should be no reason why it shouldn't arrive.

 

Thanks,

 

Andy :-)

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