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    • Thanks for the quick replies and advice!   I need to check the dates of these cc's, but i'd estimate:   Bcard1 - 2001 Bcard2 - 2007/8 Lloyds - 2015 Tesco - 2016 Natwest - 2003   The loan was taken out in 2019.   Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.   I will open a parachute account this weekend, outside the RBS group and move dd's to this account!    Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better.    I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account   Thanks   A
    • I think I could open the door for a bank charges claim as well. I wouldn’t be challenging whether the charges were unfair/lawful under the banks standard terms, I’d be challenging whether it was fair for the bank to apply charges when there were no terms allowing for the charges to be applied.   Could a CCA Sec 140 claim work!?!?
    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
    • He is correct, though that only a judge can order him to refund the money.   You can’t complain about him saying only a judge can order it: that’s what the County Courts do - adjudicate disputes. You can complain that the guidelines make it clear what the outcome will be, so his behaviour is unreasonable.   ”That, Sir” (or Madam), “is the crux of why we are here. I suggest it is inevitable that you will find the refund must be made, and the Defendant should have seen that, but their intransigence has led to this matter reaching you”.  
    • Always have your door locked, to avoid anyone getting in without your permission.   Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.   As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left.    The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.   https://www.civea.co.uk/complaints
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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

Is going on the sick tough nowadays?


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Iv been on universal credit for a few months and I have mental problems, like anxiety and depression (also an eating disorder) and struggle to go outdoors (it heavily affects me with interviews) ( i do casual work here and ther like a few hours, but they take an absolute chunk out of it so hardly any point signing on in the first place) so I was wondering at my doctors appointment I have next week could I get a sick note so I could go on that for 3 months? Or is it very difficult? Just wanted advice : )

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The initial process of 'going on the sick' is fairly straightforward though I have no experience of the precise process when on Universal Credit, but it should be fairly similar. You get a 'fit note' from your GP if they are willing to provide one then (if you were not on UC) you would may a claim to ESA. You are then paid the assessment rate (same as basic rate for JSA) until you have a Work Capability Assessment, which is generally when the problems start as it can be extremely difficult to get a fair and accurate report of your limitations. I have no idea how long you would have to wait for your WCA, it depends on area amongst other things, but it is often much longer than 13 weeks so if you are genuinely unfit for work you should have at least that long as a breathing space.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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