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Hey have filed a defence at 4pm today the day before I could request a judgement. I thought it was last Friday but it was infact tomorrow they would have ran out of time -
Hello All, My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold. additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results. I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get Thanks in advance -
this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone? -
Hi everyone . . . Just an update The CMD was this morning. It started with cheap manoeuvrability by Intrum’s lawyer, but let me give you quick summery background: The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action. We were giving 21 days for the submission. In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later. On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK. Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second one. On 7th of April I send Intrum lawyer the document 2 as it is our official response. ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court. At the start of the CMD the Judge ask Intrum lawyer to start. So he started by claiming the following: 1. We failed to meet the 21 days deadline set by the court. 2. He received a response on the 7th April which is only a week ago. 3. He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4. He said that this case has taken too long and the defendant just messing them about and keeping changing their plea. At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate. Then he turned to me to ask me for explanation. a) I said that we met the deadline set by the court and submitted the required response. Also I explained the issue with two documents. b) I confirmed that we have received a confirmation form the court on their receipt of my submission emails. c) I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court. Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents. Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement. He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer continued to ridicule the document in general without being specific. At the end the judge turned to me to response. I said that the court must see the document as it is important to the case. It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read. The judge came in and said that he asked the lawyer for a general summery of its content. I continued that the full claim case is fundamentally flawed, and I continued to list why: 1. The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties. The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2. There is no Default Notice that the claimant stated in their submission there was a Default Notice. 3. Also has the original creditor served a notice of assignment on the defendant? 4. The other fundamental issue is the question of the nature of the sum claimed!. . . . . . . At that time the judge stopped me asked me if I was asking for the other side to present these documents. I responded: Intrum are experienced organisation in this type of business. They know very well the importance of these documents to the case, why they have not been incorporated them in their case submission , . . my answer Yes . . . our missing response document put the claimant to Strict Proof to present these documents to the court. The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t. However, the judge spend most of session faltering and does not know what to say. At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents. I feel more positive now on the case but I would appreciate your views and comments. Thank you -
By WelshMotorist · Posted
Had a reply from the Council today. While they didn't specifically say the car can be parked there, they gave me this bit of info which I am reading as parking being allowed during those hours as long as you don't enter the street: Hadn't even considered deliveries! I live just outside the catchment area so I've never had problems, but it does make me wonder how Royal Mail, DPD and the rest are handling these kinds of restrictions...
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
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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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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Secured Picture Loan who sold it to Webb who sold to Idem - Repossesion hearing
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in Home Repossessions
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