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    • OK we have various bits of a defence-even though it states 'By post and email',nothing has arrived by email and the postal arrival has been filleted down so it's more slender than it should be. I wasn't able to get them into PDF format so I'm hoping JPEG will work as well.   There are several points that I have noted straight away from their defence-    *they refer to no other correspondence apart from the SAR's'-yet I have ample evidence of correspondence with them both by mail,phone and webchat *they state that payment has not been made since November 2019-their account ledger itself states a notice of default was issued on 2/1/2020 with the default date on 3/2/2020 and yet I have evidence from my bank that DD payments were taken until February 2020 when it was cancelled. *most confusingly, their defence is dated 6 March 2021- some ten days before the claim was actually submitted!   They also include a credit agreement which goes through sections 1-6 and then lays out the pre-contract credit information and then rather confusingly hops from section 6 straight on section 11 so something has been omitted or misnumbered either accidentally or deliberately. Shall I upload the credit agreement and account ledger too or was it just the defence you needed to look over?
    • Yes I wish I had been in a position to help a few years ago but better late than never... Thanks for the updates.   PPI charged is 'No' across all months, so not relevant I assume.   There are no fees on the first detailed statement in Feb 2002, only interest (applied) charges. Is it worth pursuing this, or should I just take it in good faith that there wasn't any fees?   There are a late payment fees in September 2002 and May 2003 however both were refunded (we assume on appeal?). I assume these should not be included on the sheet. The first non refunded is May 2005.   Regarding interest rates. There are a few 'notice of default sums' letters from 2009 included they have an interest rate of 8.510% in the March 2019 and slightly lower rate of 8.010% for June, September and October. The letter states: "we are not entitled to charge you interest for the first 28 days. However, if the sums are not paid in full by that date interested will be charged at a rate of 8.010%. Since this interest rate is a variable rate, the rate which we will apply to the default sum once the 28 days have passed may be different." The interest rate of default sums from the back of the CCA is 13.9% PA. Which percentage should I use in the spreadsheet?    
    • god this blokes a piece of work... and now has to resort to dodgy car dealing... oh how things have changed for him....just to continue his like of extortion..   dx  
    • Thank you I shall. No word from them yet. I did manage to speak to a solicitor in regards their Ts & Cs. They are of the same opinion that their "blanket" terms are not really applicable to this unique situation.  Thank you for your help. 
    • I have just consulted the Spirits  aka  The Civil Enforcement of Parking Contraventions which covers the situation where the PCN is not able to be placed on the windscreen nor is it handed to the driver. "    Penalty charge notices — service by a civil enforcement officer 9.  Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice— (a)by fixing it to the vehicle; or (b)giving it to the person appearing to him to be in charge of the vehicle."                                          That was Regulation 9 so now Regulation 10 follows Penalty charge notices — service by post 10.—(1) An enforcement authority may serve a penalty charge notice by post where— (a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area; (b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or (c)a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9, and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.   Points b and c are effectively saying that as the PCN was not able to be placed on the windscreen either because the car was driven off before completion or the driver refused to accept the PCN when it was handed to them then the PCN can be serviced by post.  Therefore the PCN to comply with PoFA should arrive within 14 days of the alleged offence or at least within 28 days.   (3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable. (4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).   So that is what should have happened when the PCN was not served at the time. Though the parking attendant may well deny what actually happened so we may be no further forward but we now know that they sent the ticket too late but will Parking control accept it.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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Esa3 (Current as at Jan 2015)

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  • 7 months later...

I'm not sure if it's already been posted, but I believe this the latest version of the ESA3 Form. The previous one I posted was 10/12, whereas this one is 10/14. The main thing is that its printable.


Hope it helps whoever needs it.


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DWP - ESA3 1014 [Current].pdf

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