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    • I disagree that the motorists interviewed in the local paper had a better case than you.  OPS made it impossible to pay, and can be shown to have allowed this at best negligent situation to go on for months.   You've asked straight questions, which is fair enough.  If OPS did sue you, it would be for 2 x £100 PCN + 2 x £60 invented Unicorn Food Tax + £50 legal costs (remember these are capped at small claims) + £50 court fee costs + some interest = around £420.  There are three possible outcomes to a court case    - you win and owe £0.00    - you lose, the judge doesn't allow the Unicorn Food tax, you owe £300.00    - you lose, the judge is lazy and allows the Unicorn Food Tax, you owe £420.00.   Yes, fighting would take some work, however over many months, namely    - build up some evidence against them as in post 14    - read other OPS threads here so you get the right idea    - reply to a Letter Before Claim if it comes, we have loads of examples of snotty letters on the forum    - defend the claim should it be issued, we have a standard generic defence    - if the case proceeds, prepare a Witness Statement.  This has to be done seriously & properly.  However, again, there are examples compiled by other motorists here which you could use as a basis.   This is all worst case scenario of course, if they knew you'd be big trouble in court they might well give up before a court claim.
    • Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written:    * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.   Here is the latest in the claim history -  A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021   I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer.  Many thanks in advance, Martin   
    • stop thinking and using the word fine and you might understand how things work better   
    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
    • If you go to use a mediation service then you should use the one supplied by the County Court. To suggest ADR when first of all you have no idea how it is organised, who would provide it, how much it costs et cetera is simply asking for trouble. There is a motor traders trade association which will provide ADR – but don't forget that by and large they represent the trade. The fact you are asking whether or not conciliation services are offered free of charge shows that you don't know how it works so why on earth are you even bringing it into the equation? You shouldn't be considering anything without understanding what it is you are considering or proposing. Suggesting ADR immediately suggests that you are prepared to sacrifice some of your rights.  I don't see why you feel that you have to show some kind of goodwill after all the treatment that you have suffered – but on the other hand, we have understood by now that this is a man that you want to protect. Bless. Suggesting ADR without having a court process underway means that you giving out signs that you are still not fully committed to bringing a legal action – and you have demonstrated that since January by sending three threats of legal action and not following any of them up. By suggesting ADR again, you are going down the same path – why should anybody take it seriously.   On FastTrack, don't forget, you will only end up paying the other side' s legal bills if they win. On the basis of what you say, that looks like a very outside chance. If you did go on the fast track then you would also recover your own litigant in person costs at 18 quid an hour. Not much – but then it delivers an extra slap to your secret friend. Also, you would be able to claim interest at 8% per year so you would be looking at at least two years interest on 10 grand – 800 quid a year. Plus by the time this is all over, you could be looking at 300 quid or so in litigant in person costs. But of course the fast track is a risk that you will have to take. Check the figures I have put in the proposed draft, I calculated that it's about a year and 1/2 you haven't had the vehicle that you need to make it precise – at least within a month. I suggest that you post up here before you send it off.  
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I opened my account with yb 6 months ago, and have ran it in good order, however, a direct debit left my ac early 3 weeks ago, i phoned the company up, who apologised and reset the d/d to come out on the 1st, however it didnt and came out 3 days after the 1st early one, which has resulted in 2 unpaid referalls from yb, the company with the d/d, has said they wont cover the charges as under the d/d guarentee, its the bank that must refund. yb said that this is true of only the d/d amount, which they havent paid, so they will not refund the d/d amount or their charges, stating that the company must repay the charges! who is right, or should I just put a claim into yb for repayment of my charges, as this has now made me £70.00 overdrawn!

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Hi, just an update, went to my yb branch today, where I spoke to the manager, he said that I have sighned a contract with them alowing them to deduct charges for abuse of my account, as it has to cover their own losses, time and effort, but also to serve as a deterant against account abuse!! basically what he said is they penalise their customers!! I wish I could have got that recorded!! anyway can the bank use this in thier defence at court? this man said that this is what they do and the courts side with them due to this contractual arangment.

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I wouldn't listen to what he says about the courts siding with them. Firstly he's talking rubbish and secondly they've never attempted to defend these in court anyway. It seems to me he's trying to scare you off and that you'd be best ignoring him and going for it..........

 

Hugh

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I would write a letter to the manager at the branch you went to (explaining what happened). Something along the lines of:

 

I would be happy to pay your charges, however paying a direct debit early is unacceptable. I understand sometimes 2 to 3 days LATER (bank holidays and weekends etc), but to pay it early without consulting me is shocking.

 

Your response so far has been unbelievable and I will give you a further 7 days to reflect on your decision. After that I will send you a letter before action and then court action (blah blah blah).

 

Also include that you find the initial response intimidating in that it puts you off complaining.

 

Obviously word it better and check the templates for help, but thats what I'd do...

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