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    • They won't have offered you a course when they sent the NIP because they don't know who was driving until you tell them.   If you are eligible for a course they will almost certainly offer it - irrespective of whether you've refused one in the past.  If they do offer you a course, I think you'd be daft not to accept it.  (I understand many drivers refuse because they think they'll be treated like naughty schoolkids, but apparently it's not like that and most people find them very useful and learn something new.)
    • Thanks. Sound advice again. I will tread carefully.    I have checked the first correspondence that they sent to me and there is no sign of an offer of a speed awareness course, I do remember being offered one a good few years ago but did not take that up at the time. That may be the reason for it not being offered again.     Looks like my only option now is to shut up and pay up.    Thanks for your input which is much appreeciated.    
    • Just about and card or loan clamform thread here You agree to mediation until the actual call on the day If by then you still dont have enough info to make an informed decision..you say no.   3 copies n180.  1 wit you
    • Think they would be silly to appeal as a more forensic look at VCS MO and shenanigans could turn round and bite Simon on the bum.
    • Experts are saying that the PM's roadmap is more about dates than data, the opposite of what he claims. He could be making a rod for his own back again.   https://www.theguardian.com/politics/2021/feb/26/experts-criticise-boris-johnson-putting-dates-covid-roadmap?CMP=share_btn_tw
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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Even if your claim goes through the small claims track I understand banks will normally issue a counterclaim.

 

As I understand this counterclaim can only be to cover reasonable travel expenses and rarely amount to more than £100. Is this correct, or can I expect a bigger counterclaim should my case go to court?

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I don't think you mean counter claim - you seem to be talking about a costs order. In the small claims track parties are limited to what they can claim in costs, and it is almost impossible to get legal costs unless very strict rules are met.

 

There are travel expenses allowed for 'the winner' which I think are still 30p per mile but it is important to ask for a expenses order not a costs order.

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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I don't think there is much evidence of that, from what I have read on the forums.

 

If you were to lose your court case, you may have to pay some small costs, similar to those you have mentioned, but certainly nothing drastic.

 

Have another good read through the "Step-by-step Instructions" and "Case Guidance Notes" to gain more familiarity with proceedings.

 

Good Luck!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5432 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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