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    • Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.   They can't just get a default judgement.
    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I like to find quirky rules and laws and I have a strange one to share. Story >>

 

 

'Having been a practising solicitor for over 16 years, I like to think that I have seen my fair share of quirky cases. But imagine my surprise when I was recently asked to represent a severely disabled man who was being charged with drink driving while on his mobility scooter.

I joined the case late in the day. When I met the client he had already been charged with the offense and had attended court and ultimately pleaded guilty to a charge of driving a mechanically propelled vehicle whilst unfit through drink'.

 

 

Although this story is now a few years old (2014) it still raises several issues in regards to the use and control of mobility scooters.

 

 

Story can be read here >> http://www.huffingtonpost.co.uk/salome-verrell/mobility-scooters-raise-legal-loophole_b_5958516.html

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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It is akin to stopping and breathalysing someone for walking home drunk.

 

 

Can the police not breathalyse someone who is walking in order to establish the level of drunkenness ? Especially if they are causing a public nuisance ?

 

Whilst I appreciate it would be extremely harsh to ban the scooter driver, there should be some kind of punishment if he was driving any type of vehicle/carriage whilst not in a fit state to do so?

 

Even at some of the slow speeds those machines go, they can cause a lot of damage if you are knocked down by one !

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Should also apply to cyclists who are over the limit as well..

 

 

Absolutely :)

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Should also apply to cyclists who are over the limit as well..

 

It already does.

 

Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.

 

http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/

  • Haha 1

Illegitimi non carborundum

 

 

 

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The 37-year-old, from St Anne Street, Birkenhead, was convicted of being drunk in charge of children.

 

She appeared before Wirral magistrates for sentencing today.

 

Anna Beeho, prosecuting, said: 'When officers approached they could smell intoxicants.

 

'When they asked about the children she said they belonged to the daughter of a friend.

 

'She added that she did not know their names.

 

 

 

 

 

I wonder if the friend continued to let her look after the youngsters ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Google 'wanton or furious riding'.

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

Exactly the same benefits and no one is threatening our place in the single market - Vote Leave

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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That's s35 offences against the persons act 1861 I think. This is what you can be charged with if you injure a pedestrian with a scooter.

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