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Good advice as ever, thank you. In the timeline, do we address him as the defendant or by name? Also, we found out that he had been falsely advertising and runs numerous websites with fake addresses. Is this evidence relevant for the claim to build up a character picture or do we leave that out?
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By BankFodder · Posted
Don't put that in. You need to keep it minimal. Wait until the defendant makes those arguments and then you can produce a response to them. Don't provide clues. Simply establish the minimum needed to bring your action and that's all. It seems to me that it is quite correct to say that he refused to address the defects. From what you say, he was simply suggesting some cosmetic adjustments. Don't add anything more I've crossed out a couple of words in the proposed draft above. -
Thanks dx POC The claim is for the sum of £1491.40 due by the defendant under a british gas account with an account reference of 850036142475 The defendant failed to maintain contractual payments required under the terms of the account agreement The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31 The Claimant claims the sum of £1610.71. I have since received a letter from Overdales Solicitors dated 1/4/2021 asking me to respond to the claim or contact them to discuss payment options. Do you think it might be a good idea to try and make an arrangement?
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Thank you very much,. Mine did fit in but yours is obviously much more professional. The only sentence I will need to amend is the statement that the defendant refused to address any of the defects. He offered to seal the driveway and point the gaps in the brickwork but this was deemed as pointless by the companies we brought in to assess the work
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can we have the exact POC please as written. dx
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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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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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