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    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • 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
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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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hoist AEO received at old UK address - i've not lived in the UK for 10yrs!! - help


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Hello

 

 

I'm looking for advise. I live overseas for past 10 years. Yesterday at a friends address in UK where I receive my bank statements a letter arrived looking official. At my request my friend opened it.

 

 

It is a Notice of Application for Attachments of Earnings Order. Judgement Creditor: Hoist Portfolio Holding 2 Limited. In the: Country Court Money Claims Centre. Amount 3,975.28 GB. The Judgement Debtor is under my maiden name and I've since been married, divorced and re-married.

 

 

I have never heard of this company and no of no debt to them. They are not listed on companies house, but from research it seems they are linked to Robinson Way a DCA.

 

 

There is no contact telephone number and only instruction to pay Howard Cohen & Co Solicitors, based in Leeds. Again they are not registered on Companies House.

 

 

The form looks official with case number and reference number. The document is dated 17th May 2017 and says payment required in 8 days of notice or further action including a possible 14 days prison.

 

 

I am very concerned especially as this is now logged at a friends address, where i have never lived but do get my UK bank statements sent to.

 

 

Any advise gratefully received.

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so hoist got a backdoor CCJ whilst you were resident abroad.

 

 

there should be a CCJ number on the letter

ring northants and tell then you've lived abroad for 10yrs

the judgement is void

you cant get a CCJ if you are not resident in the UK.

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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Hi Alfa15 and Welcome to CAG

 

I have moved your thread to the Financial Legal Issues in view of the CCJ/AoE.

 

Regards

 

Andy

We could do with some help from you.

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Yes send evidence to the court that you have been resident abroad for 10 years. If you phone them first then you can then make sure you send information to the right people.

 

Where are you resident, as that will affect whether this UK CCJ can be registered with the foreign court where you live ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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And are you employed ? :-D

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Yes send evidence to the court that you have been resident abroad for 10 years. If you phone them first then you can then make sure you send information to the right people.

 

Where are you resident, as that will affect whether this UK CCJ can be registered with the foreign court where you live ?

 

"I'm living in the Middle East, not UAE, should i say which country?"

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you are there

keep posting.

 

 

dx

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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hello

 

There is no CCJ number but from what it looks like the AoE is with the County Court Money Claims Centre. There is no details for them, but a case number, application number and judgement creditor reference but no judgement debtor reference.

 

I'm really at a loss. There seems no one to contact. But I've also been reading things like dont make contact Whats the best way to deal with this I dont want to cause any trouble for my friend at her address

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Yes there is information on the document you attached. In small writing it has the contact info for the court in Salford near Manchester.

 

And there are references on the top of the court document.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Fill it in and state you are unemployed...and forget about it.Attachment of Earnings are not applicable to the unemployed.

 

Regards

 

Andy

We could do with some help from you.

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ok so the way forward is to contact the court and show them evidence of living abroad and currently not working??

 

Yep, do as Andy suggests. Complete the form and fax it back to the court. I would also advise that you have been resident in x middle east country for 10 years and give the address. The can't touch you where you are living.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Following calls to the court and the judgements creditors solicitors it seems that Hoist bought a debt from Capital One Credit Card.

 

I did have one but no re-call of any outstanding debt when I left UK in 2008.

A claim was issued on 2/3/2013 and deemed served on 11/3/2103.

They cant tell me where these where served I suspect at my last UK address, but of course these never came to me as I was overseas.

 

I am completing the AoE form stating my unemployment to send together with a letter confirming facts of:

 

Name of Judgement is in my maiden name

Address is wrong - its a friend address where i have never lived. How did they get that??

Living and working overseas since 2008, with proof of my residence visa

Unemployment since Jane 2016 and cancellation of my work visa

I now reside here only on tourist visa, that does not permit me to work

No knowledge of the claim & notices served in 2013

I do not acknowledge the judgements or AoE and dispute all claims

 

I also found out the original debt is 2,627.17 they have been adding interest at 8% per day and not it is 3,975.28

 

Is any of this legal?

 

Please can any one advise the best way to deal with this.

Do I need a legal representative, that I cannot afford.?

 

Also how can I stop any of this effecting my friends address?

or further communication going there

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8% per annum but only up until date of judgment normally.

 

I cant effect your friends address...you are informing them you are no longer UK resident.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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