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Hi Dx100uk, Hope your well, I have received a letter yesterday from Overdale Solicitors with "notice of acting" as the heading, they say they are now going to initiate legal proceedings unless I pay the £386.69 that I owe, I've included the letters below, I was advised that I have about £70 in fees and interest to submit to them to lower the balance, I am unable to reply on the thread because it says it is locked, is the charges.xls document in the thread a template or have all the correct figures been added into it. I had also received a 40% discount offer in January, which I ignored thinking it might increase, and didn't want to accept, in case they didn't issue the paploc letter, hopefully leading to the debt becoming statute barred if they didn't. Do you think I can possibly get them to give me the discount as well as the fees and interest. Kind regards Lowell Letter 200dpi.pdf Solicitors Notice Of Action 200DPI.pdf -
By BankFodder · Posted
Please can you tell us when this happened. In fact give us a timeline. You don't need to go through their insurer. You can sue the council directly and we will help you. Very good that you've taken the photographs et cetera and also that you contacted them. Get two quotations for the repair and then let us know. I suggest that you issue letter of claim without any delay at all. Then issue the claim. There is no reason to hang around. If you are happy with this approach then draft a letter of claim and post it here once you have got your independent quotations. -
By BankFodder · Posted
Well the list that you should make is a list/inventory of all the items which you threw out. If this can be any accountability going, you may as well have your list and paperwork sorted out. In terms of writing, – any writing. What is a written. In terms of the arrest, with this related to an assault on you or something completely different. Have the police been involved since then? If you are receiving new threats and so forth and you haven't called the police then why not? Does he have keys or any access to the property? Are there any children involved – either yours together or your own? -
By Bazooka Boo · Posted
You can always use the small claims track but there are a few hoops to jump through first. Who is their Insurance company? Which LA is this? Have you spoken to any of your local councillors? Have you got evidence of the damage to your car and have you had a quote to get repairs? IMHO I'd steer clear of emails, this warrants a paper trail of evidence, get a name and write them get proof of postage which is free from the PO counter, OR, hand deliver it if your LA is near to you. -
By Tired and Weary · Posted
I bl**dy hope so! 🤣 After 15 years😬
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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!
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