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    • great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021    Hermes just responded to my Letter of claim:    Hi Samson   Thank you for contacting Hermes with regards to tracking number xxxxxxxxx   Please direct all queries through to Packlink Shipping   Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.   They have been made aware that the parcel is missing and a claim has been made.   I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
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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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The "Claim Too vague" defence and guide to amending a claim


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hi if you go to the lloyds forum you will be able to find templates for filling in and information as to what should be included in your claim

i agree the space is limited but as long as you have the right particulairs in the form than you would be demed to of served your claim correctly.

when sending this to the court include a copy of your schedule for the amounts you are claiming and the dates

 

i assume you entered on your MCOL that states unfair contract terms act 1997 s 4 and consumers contracts reg 1999 para 8 and sch 2 1 e.

and also your claim of 8% under section 69 county court act 1984

 

please read the templates section, i know there can be a lot flying around but take your time and just make sure you get the info into these forms as needed.the banks will pounce if you make any sort of mistake.

as for lloyds saying it was an embarrassment, i assume you followed the correct path of action so they would of had all the info in their hands, your letter before action would clearly outline your next plan of action, which was to serve a claim in the county court.

i also assume you have had letters from their solicitors sechiari.clark and mitchell. they sent me one wanted to confirm all the details again, so i sent it all off again.

hope this has been of some help.

if really in the deep stuff, pm a mod, we are all here to help.

regards

 

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Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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It is ordered that

 

1) The Defendant shall file a signed statement of truth by 4pm on 7th December 2006

 

2) The claimant shall file an amended particulars of claim including a concise statement of facts upon which the Claimant relies to include identification of the charges that he seeks to recover. The Claimant shall also set out the basis in law and fact for the claim as to the present pleadings disclose no cause of action by 4pm on 16 December 2006

 

You need to submit new Particulars of claim and a schedule of the charges and interest (if any) that make up the total amount claimed.

 

Heres the POC's - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Please note that you do not need to print this on to a claim form, just print out on a sheet of paper with your name v Lloyds TSB, in the **** county court and your claim number at the top.

 

Get it to the court and send a copy to Lloyds solicitors ASAP.

 

Can I also ask how come you got this far if this is your first post? You could have saved all this hassle and got advice at every stage if you'd started a thread when you started out. Others could also have benefitted from seeing the progress and developments of your claim.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Can I also ask how come you got this far if this is your first post? You could have saved all this hassle and got advice at every stage if you'd started a thread when you started out. Others could also have benefitted from seeing the progress and developments of your claim.

 

Thank you for the advise Gary its a real help. Up untill i got to the court stage i was using templates found on fool.co.uk. and guidence from my sister who got her money back months ago without having to go to court just by using the templates on fool. I am quite new to the whole forum chat room thing but thought i would take the plunge now. I really should have done it a long time ago. Thanks for the advise i am going to get on with it now.

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Ah I see. I'm not familiar with the fool templates so I cant comment on their suitibility, but some other sites templates that I've seen can be dangorously inadequate. Best sticking with CAG if you ask me!

 

Good luck:)

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If you grouped them together as one claim when you filed initially then you'll have to keep them together, yes. The amount claimed needs to be exactly the same as before as its still the same claim. Remember to attach a schedule of every charge made - the date, reason (ie returned DD, etc), and amount.

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Thank you so much Gary. I did use the template and made especially sure that I edited it to my particular details i.e. my bank account details, amount of the claim etc so I was concerned when I received the Defence. I havene't had notice from the court to amend but I shall use your new template just to show them that they havn't scared me off.

 

Thank you so much.

Andrea :)

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hello everyone

i wish i'd started my own thread at the beginning too as im starting to feel way out of my depth with all this - I havent a clue about forums, have never used one before so i just ploughed my way though everyone elses examples and muddled through. does anyone know-

 

1. how to start my own thread? is it too late now im at this stage? does it just basically mean people can follow my progress and give me advice? (if so great!!!)

 

2. what happens after you have submitted the AQ, and letters to lloyds, their solicitors and the court with schedule of charges and response to 'claim too vague' defence as per this thread?

 

i havent heard a thing since and im getting worried. was due a baby on friday and im hoping to get things moving before i get all preoccupied wiht that!

 

thanks to everyone for their advice xx

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Hi laurend,

 

It can be a bit daunting when you first start out can't it. Especially as the site is so huge nowadays.

 

1) To start your own thread go to the Lloyds forum - the page you are on before you click into this thread - and scroll right down the page untill you get to the bottom of the list of threads. Just underneath on the left side of the screen there is a "new thread" icon, click on that and then add your title and first post and press submit. You'll then have your very own thread! I'll keep an eye out for it.

 

2) There is'nt alot you can do now for a while really. You are now waiting for instructions from the court. They will write to you soon with a court date and directions to provide your evidance, which you will have to do by a certain date. Most of what you need to provide is in the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html. When you get this letter from the court, post it on your thread and someone will help you further with what you need to provide.

 

I'd try not to think about this too much for a little while if I were you! Nothing will happen for a couple of weeks I doubt. If you can, get someone to keep an eye on the post for you for a bit.

 

Best of luck!:)

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Is it me or are the "claim too vague" defences drying up a bit lately? If anyone filed on MCOL WITHOUT sending a schedule, could you let me know what defence you received please?

 

Ta

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Can someone help please? I have sent the letter with the spreadsheet of charges to Lloyds. I have just received a 'sod off' letter from them. What is the next stage? Do I now raise a claim or do I need to write to Lloyds telling them that I am going to do this?

Thank you

Helen

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Helfi. You need to send an LBA (letter before action) before starting your claim process. This is so that if it did actually go to court you can be seen as having acted reasonably, and have given them enough fair chances to resolve the dispute before court.

Have you actually read the FAQ and Step by Step sections?

If you haven't then do !!

If you have, then read again.

It is important to do things properly, but don't be scared, if you follow the guidelines on here, use the templates, and stick yo your schedule, you will win !

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ARE YOU A BUSINESS CLAIMANT?

 

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

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CAN'T FIND WHAT YOUR LOOKING FOR?

 

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

-----------------------------

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Out of interest, is it possible to preempt such a defence by including an additional statement in the PoC?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Hi Meagain,

 

Not sure, but a sentance has recently been added to the MCOL POC along the lines of "The defendant is aware of the details as they have already been sent". As I posted above, this type of defence seems to be drying up of late so it may have done the trick, along with the fact that claimants were refuting it perhaps.

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Hi all, I'm making a claim against Lloyds, and I've been sent a letter saying they are defending and stating a solicitor. Need I panic just yet?

Hi

Don't panic, this is all standard stuff. Start up your own thread, let us know what stage you are up to, and ask any questions there.

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 4 weeks later...

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Hi, I have been reading these posts with intrest as I have just logged my claim last week in the fast track in paper form at my local court using the standard templateand the spreed sheets so I hope it will be all ok and not returned to me like others have had. however I did read here someone mention that I was to keep all my statements and the court would ask for them at some point, is this what is refered to as the court bunggle and if so what else would need to be included, would I have to make up 3 bungles, There does seem a lot of infor and a lot more complex the further you are in the systerm

Good luck everyone

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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i was just wondering why you have had letters returned??, it is important to keep to the procedure, as the banks will come down hard on you if you fill in forms incorrectly.

in ref to keeping statements, it is most important that you keep everthing, all correspondence between yourself and the defendant, and the court.

if or when the time comes, the judge will either set a hearing date or case date, and will give directions on what he/she requires both parties to do.

this will normally be in the form of a court bundle.

3 copies of everything, one for the defendant, one for the court and yours which should be the originals.

its not that bad to compile, but my advice would be to be prepared, get it done sooner than later

 

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Hi Gary, could you help me with this as I am rather worried, i have after checking my POC deemed served 25th have noticed this typo I have highlighted in red. Do you think the POC needs an official amendment because it was put there in error and makes no sense and I certainly would not want the claim struck out.

 

d) The Claimant claims compound interest at the contractual rateof xx% per annum from the date of each transaction to xx January 2007, which is £xx.xx The Claimant further claims interest on the resulting total of £xx,xx at the same rate up to the date of judgement or earlier payment at a daily rate of xx.xx

of 8%

 

Do not ask me whay it was put there.

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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So what you are saying is that you never specified a daily rate of interest? Or you put 8% in when it should have been the contractual daily rate?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary no . I have deleted from the post the actual amounts on the particulars. It was the 'of 8.00%' that needs to be taken off the particulars as it refers to nothing and was a typo.

 

As this is a typo and I just want that omitted, do I still need to attach new schedule of charges as they are not changed or any of the specified amounts. It is just the typo.

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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