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    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • 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.
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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

Workman never supplied carpets after deposit paid for carpets


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A flooring contractor undertook some work fitting a wooden floor for us, and agreed to supply carpets. We paid in full for the floor which he fitted as agreed. And a deposit for the carpets of a thousand pounds. To cut a really long story short he never supplied any carpets and the floor lasted a month before buckling and peeling away. As a result we are taking him to the small claims court to recover the money, but are now concerned that because we are suing the individual rather than the company he owns - he may wriggle out of it. His defence is merely that he never received any money from us or entered into any contract! (Even though we paid to the company account via bank transfer. We are feeling pretty desperate so any help greatly appreciated!

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Hi Naomi

 

Welcome to CAG

 

The guys will advise as soon as they are available.

I've added a title for you.

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Hello there,

 

Do you have anything in writing from them at all?

 

We never received a written acknowledgement of the works in terms of a formal contract, but there is plenty of e-mail and text correspondence that refers to the works to be carried out. E-mails discussing dates, e-mails where he requests funds are paid, as well as an e-mail saying that he cannot fit carpets before Christmas because they aren't in stock. We also have a letter he has written when he says that he isn't going to rectify the problem because he doesn't think it's his fault, and declaring that he does intend to return part of our carpet deposit when he sees fit. It's now completely extraordinary that he is saying he never received anything - when we have a bank statement to prove it, but I fear he is so dishonest, that any way of getting out of it he will. Especially if somehow we should have put the name of the company rather than the contractor on the claim. Any thoughts very gratefully appreciated.

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A person can't be dissolved to avoid any outcome as a company can. Should you win, and it seems as if you have enough evidence, and he refuses to pay, you can get bailiffs involved to visit his home and take possessions or his car.

If the amount owed is £750 or more, you can file to make him bankrupt.

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http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001a-eng.pdf

 

'but I fear he is so dishonest, that any way of getting out of it he will. Especially if somehow we should have put the name of the company rather than the contractor on the claim. Any thoughts very gratefully appreciated.'

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As you paid the company bank account, that would be a reason for him to say you should have sued the company and not him personally. But it is really up to him to raise it as an issue. If he wanted to use this argument he should have said so in his Defence. If he tries to make this point in court, you can explain your side of the story why you think you contracted with the individual and not with a limited company.

 

Personally I'd let the small claims process continue. Usually you are much better off having a CCJ against an individual rather than against a company.

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As you paid the company bank account, that would be a reason for him to say you should have sued the company and not him personally. But it is really up to him to raise it as an issue. If he wanted to use this argument he should have said so in his Defence. If he tries to make this point in court, you can explain your side of the story why you think you contracted with the individual and not with a limited company.

 

Personally I'd let the small claims process continue. Usually you are much better off having a CCJ against an individual rather than against a company.

 

Thank you very much. We will proceed in that case. I really appreciate your advice.

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As you paid the company bank account, that would be a reason for him to say you should have sued the company and not him personally. But it is really up to him to raise it as an issue. If he wanted to use this argument he should have said so in his Defence. If he tries to make this point in court, you can explain your side of the story why you think you contracted with the individual and not with a limited company.

 

Personally I'd let the small claims process continue. Usually you are much better off having a CCJ against an individual rather than against a company.

 

I think he has raised it by saying he never received any money or entered into a contract. He's saying in effect the contract was with the company, the company received the money. Is there a particulalr reason you are suing him and not the company, e.g. evidence that the contract was with him in his personal capacity?

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