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Thank you DX for the quick response. Here is the Notes attached I shall read the post you referred me to and prepare a response for you to advise me if I am on the right track. .CMD-Notes-17Feb21.pdf -
you mean they have 28 days to do something else it gets autostayed dx -
i dont think you need to supply a 2nd defence, thats not usual so lets see these notes and the sheriffs orders please about exactly what you have to do. the only thing above in your list which has any worth in moving forward with is 1 b+c the rest forget. we've already concluded that ex didn't settle the OD so forget that and anything to with HBOS , not relevant. you either exploit the mistakes in intrum's claim, its an OD there is no agreement under the CCA, there is no DN issued as its not covered by section 87 of the CCA. go read how your original defence should have looked post 26 here Cabot/Nolans Simple Procedure - old HBOS OD debt - Page 2 - Scotland Financial Legal Issues - Consumer Action Group particularly from The claimant is also put to strict proof to:- carefully noting what the claimant should be producing, which should they fail to provide should render any success in the claim fatal
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By BankFodder · Posted
Absolutely. They must take responsibility for the return. It's nothing to do with you. You don't want to send something off – and then find that it's not delivered an then you have another argument on your hands because it would probably be down to you. You must wait until they respond and either they make a reasonable arrangement for the return – which doesn't cost you anything – or they tell you to keep it – or something. The important thing is that they become responsible for the return and if you end up sending it yourself, you are simply following their instructions. In terms of the credit card, well done – that you didn't pay by bank transfer, for instance. Get hold of the credit card company and begin the process of a section 75 claim. If they ask you if you have return the item yet, tell them that you have made strenuous attempts to reach the retailer and they are not responding and that you have a paper trail to show the messages you have sent which to date have not received any reply. I suggest that you read our customer services guide before you start doing anything on the telephone. You've been here since 2016 so you do that already don't you? -
Have received a letter from the tribunal service advising that my defence has been submitted to the claimant and more info will be provided if they wish to pursue.
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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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Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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