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    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
    • Hi   1. Have all seven residents complained officially to the Local Authority of the overgrown conifers and had a response in writing?   2. Were the Local Authority informed that the several residents were employing a contractor to cut back their conifer trees due to them being overgrown?   I would also suggest asking the contractor that carried out the work if they could do a letter for you explaining the work they carried out and the advice given about trimming as they remain the LA property.  
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SaveTheSheck£es

Idem/? Claim Form - Old Bank Of Scotland Credit Card***Claim Dismissed***

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The T&C's appear to be a 'generic' copy and do not ? mention me by name or address at the start as I believe each copy should?

 

Thanks dx,

 

I shall include that and remember that as a key point of contention :thumb:

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Witness statement sent .. RoyalMail guaranteed Next Day Delivery with proof of signature :thumb:

Be interesting to see if i receive theirs tomorrow as that the last day in the time span should have received by.

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Claimants Witness Statement I Received today, NO DEFAULT NOTICE provided.

 

Generic Agreement with my name and address at top .. BUT NO SIGNATURE .. signature box is blank.

 

Where no Default Notice has ever been issued from original creditor, is that even stronger defence than being presented with a defective 1???

 

Many Thanks

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" Where no Default Notice has ever been issued from original creditor, is that even stronger defence than being presented with a defective 1??? "

 

Yes


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" Where no Default Notice has ever been issued from original creditor, is that even stronger defence than being presented with a defective 1??? "

 

Yes

 

Thanks Andy :thumb:

 

It just gets better by the day :-D

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UPDATE:

 

More fantastic news :whoo:

 

Case dismissed.

 

Based on 1 Key factor .. NO DEFAULT NOTICE ISSUED

 

The judge commented and how good my witness Statement was and failed to accept the claimants argument .. A DEFAULT NOTICE MUST HAVE BEEN ISSUED, and big companys normally shred documents after 6 Years

The judge stated .. considering how articulate my records were and how well presented they were, the judge decided in my favour.

 

HOW NO COPY OF ANY DEFAULT NOTICE HAD BEEN PRESENTED to me after i had made a CCA and CPR 31.14 Request and also NO DEFAULT NOTICE IN CLAIMANTS WITNESS STATEMENT .. all went in my favour :whoo:

 

The claimant approached me before entering Court asking if i would be prepared to negotiate a monthly payment offer .. NO I STATED!

Then claimant then provided me with a document they said they would refer to during the hearing with what requirements are needed to constitute a legal credit agreement ... i mentioned this to the Judge myself and even contested a couple points on that document :-)

 

Thank you does not do justice to all you guys .. special thanks go to Dx and Andy for all their more than help, thank you both from the bottom of my heart for all the hours spent giving priceless, sound, and good advice .. especially all the help given to me in preparing me for my 2 cases of recent.

BOTH CASES WON :whoo:

 

I am totally over the moon with winning both cases and so glad its all over .. been a long road!

 

Thank you all :thumb:

 

CAG IS AN AWESOME COMMUNITY that i cant rate highly or thank enough, and it is by far the best site i ever been part of to help me with being confident to take the big boys on.

 

I will definitely be contributing to CAG, albeit this will happen over the next few months, I just want to show my appreciation for all the hours of priceless help and advice i have kindly received,

without all your very kind help, i would never ever of been confident to take on the big boys and definately never got this far.

Before i entered Court with both cases, and due to all the kind input i had received from CAG, my Witness Statements WITH MUCH HELP did look very good, i would never have prepared such decent witness statements off my own back without CAGS HELP.

 

What a fantastic start to 2017 this is for me, soooooo happy, feels like a weight has been lifted for sure :whoo:

 

Thank you all :thumb:

 

Many many thanks!

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Well done STS

 

Kind words and high praise indeed for our Community.

 

Thread title amended to reflect the outcome

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Well done STS

 

Kind words and high praise indeed for our Community.

 

Thread title amended to reflect the outcome

 

Regards

 

Andy

 

Thanks Andy

 

No words can do you guys enough justice, hard to put into words my gratitude :thumb:

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You are the star

You wrote the WS/dq


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You are the star

You wrote the WS/dq

 

Hi dx,

Very kind ty ..

I did write the WS true .. but with much excellent guidance though :wink:

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