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By supernick90 · Posted
I have read the page on mediation, but wanted to clarify a few details. I have been given an arranged time for the mediation call. The email from the court states: "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility". Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable. It then also suggests: "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options." I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument. Furthermore: - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator? Appreciate the guidance. -
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they don't have to knock on your door if the car is on public highway. as long as a default notice has been issued as above etc etc. i'm not sure exactly what you mean by 'lower amount' if you mean the original loan which you claim should have been 1200/105PCM or the 2000/175, i suggest 1200/105PCM is without their interest and would = 2000/175PCM with it which is where you might be getting confused. read our upload guide carefully and after redacting each page whilst a picture file .jpg, put the lot in one multipage PDF lets see everything.
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By Ethel Street · Posted
What the administrators are saying is that unsecured creditors, as you are for the £807, will receive nothing. If they used the £807 to reduce a different debt you owe to Unclebuck that would be the the same thing as paying you £807. Legally and financially reducing a different debt by £807 is exactly the same thing as paying you £807 in cash. The administrators are not allowed by law to do that. Frustrating for you I know, but the Administrators are correct. -
The repossession people didn’t even knock on my door, I was home with my 2 children we would of heard, They took my car with bank card, shop keys and valuables in which I needed, if they had of knocked I would of sorted the money while they were there. I will check bill of sale when I am back home will it be original one or should I have got another one? as the paper work I have certainly doesn’t match. I did agree to lower amount but expected new paper work to sign which never come.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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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!
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