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    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

asset/TM legal claimform - old Lending stream PDL ***Struck Out Twice & Costs***now third claim issued


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Due next Tuesday mame ...I will be shortly drafting the same defence for yourself and Burgesfan...same claim same date in the link above provided by DX.

 

So keep an eye over the next few days.

 

Andy

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Particulars of Claim for reference only

 

1.Asset Collections and investigation purchased this debt from the lending stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The defendant failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion

 

3.asset collections and investigation claim this amount in respect of an unpaid loan funded by the lending stream.

the defendant failed to abide by the terms of the contract.

 

4.the claimant claims interest under section 69 of the county courts act at a rate of 8% a year from 24/06/2016 to 06/07/2017 on £677.11 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.15.

 

7th July 2017

 

£835.37

 

 

 

########Defence########

 

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The claimants claim is denied having previously issued the same claim on xxxxxxxxx in the xxxxxxxxx County Court claim number xxxxxxxxx which was presided over by District Judge xxxxxxxx (See exhibit 1a)

 

3 . The claim was Struck Out on xxx xxxx xxxx by the aforesaid District Judge.Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing a winning defendant on the same cause of action. (see exhibit 1b)

 

4. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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IMHO no

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just curious, but can

 

"2.The defendant failed to respond from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion"

 

really be a valid grounds of claim in an English court?

 

For it to be valid wouldn't there have to be a legal duty on debtors to engage with creditors for the purpose of "attempting to bring the matter to an amicable conclusion"?

 

Is there such a duty?

If not how can you bring a claim of the basis of breach of a duty that doesn't actually exist?

 

Or this this just any old carp they think might make someone pay them?

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I think it should read......2.The defendant failed to respond to the claimant

 

they just need a little more practice drafting particulars.....:madgrin:

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  • 1 month later...

Hi a quick update , a general sanction has appeared on mcol I dont think the claimant has returned their directions questionaire.

Im up to date with everything so it must be them.

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  • 3 weeks later...

I have looked at the sanctions order and the claimant have failed to comply , they had till 17th sept to comply but did not untill the 27th sept.

Why are the court so lenient?

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Raise it within your witness statement and ask why?

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  • 4 weeks later...

I have news, I received a letter from the court that there will be a preliminary hearing .

 

The court is is considering striking out the claim on its own intiative because the claimant has neither

1 explained its absence from court in case ........... on may .. th 2017

 

2 explained its failure to comply with directions in that case

 

3 confirmed that it has paid costs awarded in that case

 

It does not say anything about sending witness statements but i will be attending and taking all my paperwork .

 

is there anything else i should do?

thanks

Edited by mame
grammer
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Just attend the hearing and push for it to be struck out...the court could/should impose sanctions

 

I assume the claimant has requested relief from sanctions...hence the hearing

We could do with some help from you.

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  • 1 month later...

Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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Well done mame..hopefully that will be an end of this nonsense.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

 

Thanks Andy I did ask the judge can you stop another claim , he said its probably at that stage now and if a new claim was put in it would go to a higher judge to make an order.

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Good News struck out again, The Judge made sure he put abuse of process on the order.

No show from the claimants ,

Thanks for every ones help. Special thanks to andy and dx :-D

excellent,

did you get all your costs

IMO

:-):rant:

 

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scan the letter up please

read upload

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

CUSTOMER REFERENCE:

CURRENT OUTSTANDING BALANCE:

 

Dear

 

Welcome to Motormile Finance UK Limited (MMF).

 

We are writing to advise you that your lendingstream.co.uk account has been sold to Motormile Finance UK Limited (MMF).

 

We are pleased to advise that upon purchasing your account, we have removed interests and charges totalling £40.00 applied by lendingstream.co.uk, as a gesture of goodwill.

 

Whilst the conditions of your account will not change, we have allocated a new reference number (shown above) which replaces any previous reference numbers you have had, if you have existing accounts with us. You must now use this reference in all future correspondence or contact and ensure that you send all payments and communications to MMF using the contact details found here at http://www.mmile.com or by visiting our self service portal at http://www.mmile.com/myaccount

 

Click here to download your goodbye letter from lendingstream.co.uk, please note you will need to enter your date of birth.

 

 

The transfer assigns all of lendingstream.co.uk’s rights as the owner to Motormile Finance UK Limited. Your legal rights will not be affected by this transfer. The effect of the legal assignment is that MMF now own the debt and perform all obligations as stated in your agreement, this includes the collection of any outstanding balance.

 

How we help our customers;

 

Tailor an affordable repayment plan and give you peace of mind that this is set up – if you have an existing plan with us we can adjust this to include this account. If this is the case you will need to call us and we will do this for you.

 

Ensure that we are always flexible and put the customer first.

 

Never expect you to pay more than you can afford.

 

Offer our expertise in dealing with sensitive and or difficult circumstances

You can manage all of the accounts you hold with us, and set a payment plan securely by registering with our secure on line customer portal at http://www.mmile.com/myaccount

 

If you would prefer you can email us at [email protected] or call us on 0113 887 6876.

 

If you would prefer to set up a standing order or direct debit without registering on our portal we have attached a mandate here for completion and return.

 

We will send you a statement of your account shortly for your ease of reference and look forward to hearing from you within the next 5 days. However, if you believe any of the information we hold is incorrect, please let us know immediately.

 

Yours sincerely

 

Motormile Finance UK Limited (MMF)

 

 

 

Please note: if you choose to communicate with MMF by email, unless otherwise advised by you, we will accept this as your consent to use your personal details to contact you by electronic means (email) with information about your account(s) which may include collections activity, negotiations and other services and products.

 

We are authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated agreements.

MMF is the trading name of Motormile Finance UK Limited, a company registered in England and Wales with company number 06637307.

Our registered office is Protection House, 83 Bradford Road, Leeds LS28 6AT. http://www.mmile.com

convert-jpg-to-pdf.net_2017-12-15_21-07-53.pdf

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some a/c number still showing in upload.

 

but, seems just an old assignment. they can go whistle. no court action will ensue following their formal abuse of process

IMO

:-):rant:

 

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