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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • 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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Kids playing football next to my house, it is a nuisance and can't get help....


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There is this bunch of local kids around the ages of 6-7 years, definitely not more than 8 years playing very very noisy football right next to our house. All sorts of swearwords flying around between themselves as they play and they kicking the football into big metal garage doors (they use that as the goal). It is a huge bang at every 'goal' (every minute) and they do this for about 2 hours on most evenings from 7pm till 9pm and on weekends in good weather also on bank holidays and any other school holiday times when they go on for even 5 or 6 hours.

 

It is insane! The position of our house is on a corner where 2 streets meet and these metal garage doors are located at the end of our garden. The houses of other residents located past these garage doors and I guess that is enough distance for them not having to 'enjoy' the racket these boys make. As far as I'm aware kids of that age are not even supposed to be let out from home without adult supervision.

 

Been in touch with police on the 101 phone number. First time 3 months ago they were very helpful, they asked a lot of details and came out in 1 hour to deal with the kids. The boys obviously tried to do a runner but I think the police did manage to speak to 1 or 2 of them.... The kids started coming here again a few weeks ago and now their numbers are growing (last night 6 of them) and in line with that the number of loud bangs we have to suffer grows too as well as the general kids' shouting noise.

 

They play on the road and there are garage doors on either side of the road so they just kicking the football around right on the road and kicking it into these metal doors on either side. This is a quiet residential area with not much traffic - moreover there is a park 5 minutes from here! The football obviously often lands in our garden (at least 3 times a week) and they just climb up our fence from the street, sometimes by pulling to the fence an object they find nearby as people do flytip on this particular street corner and the kids just come into our garden to look for their football.

 

The football also goes into other people's sheds that is next to these garages and those only got wooden doors with a padlock locking it down but with large enough gaps under and above. These belong to residents in other streets nearby. The kids do climb in there too to retrieve the ball and been causing more than a little damage to the some of these shed doors.

 

Last night I got home from work at 8pm only to find that 1 of these boys is ramaging around in our garden whilst the other boy is sitting on the top of our fence giving him directions which way to look for the football. I've obviously told them off as this is not the first time nor the second. I've then called the police on 101 again. I got an answer from the officer that 'what exactly do you expect from the police to do about little boys playing football?' So not so helpful this time.... Tried to explain the case of trespassing and how much of a nuisance they are but the officer just shrugged me off and hung up. Have contacted my local council 3 months ago with this issue but they said it's not in their authority to act (I asked if they could put up here a No Ball Play Area sign) because it is a normal residential area and not a council housing.

 

I know that reading this might sound like I'm just some grumpy, old hag who just doesn't like kids but that is totally not the case at all. In fact for a few weeks after the police talked to them, the kids only came here 1-2 times a week and did not kick the ball into the metal doors and that was absolutely fine.

 

Just wondering that if this is not the council's authority to deal with and neither does the police care then where shall we turn to change the current situation? Social services....?

 

By the way we did talk to these boys a lot before on a friendly way to convince them that it's not safe to play football on the road like this and please don't kick the metal doors with the ball but obviously they don't give a flying monkeys....They claim but it might as well just be a lie that their parents don't allow them to play football in the park because they don't think it's safe.... Park only 5mins walk from here!!!

Edited by Andyorch
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Do you know who their parents are?

 

Nope!

They live somewhere not too far as they just walk here every time. Been googleing the issue, so far have found bits of info that's not too extensive but said they do have the right to collect the football from our property. Last year my housemate's bike got nicked from our garden, it was just lifted out from garden onto the street by someone/some ppl over the fence. These kids always say they were just trying to fetch their football back but I only have seen the actual football in the boy's hand who climed in only on 2 occassions and not the other times, I do catch them and see them climbing through our fence often and often they say their football landed in our garden but it's not there however about 10mins later when they think we're not watching, we see them climbing in anyway. Questionable just what's the real reason for them playing here when the football often gets lost on someone else's property...? My parents' next door neighbour is a proper gypsy family, their kids were doing the same to us and to the other neighbours to use the opportunity by entering your property to check out what's worth nicking. They always use the younger kids for this as they can seem less suspicious, because of their young age noone would think they are actually helping the older ones to steal!

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As this is a consumer site i really cant see you getting much in the way of advice here, other than speaking to the kids parents or asking fir a pcso to come round to speak to them or even speaking to the kids school, theres very little u can do to stop it unfortunately other than speaking to them

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Theyre not allowed to just go onto your porperty to collect their ball. If its an enclosed garden and a locked gate, they have to ask permission.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Have a look at fence spikes. They're legal, plastic and simply screw on. Most garden centres sell them.

 

We used them on inside of guttering as had someone climb on roof (bungalow) never had anyone again

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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