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By BankFodder · Posted
Well if he takes you to court, it would have to be a County Court claim for something like conversion – which means the you have treated his property as your own and thrown it away. It is most unlikely that he will be able to do this. It's reasonably easy for us – but for him it wouldn't be straightforward and he wouldn't understand the principles I expect. If you do get anything from him then don't worry we will help you with it. This is part of the reason why you must compile a detailed file of everything that has happened going back for as long as you can remember – including assaults, property, police reports, loans, every piece of detail you can remember about financial arrangements. Also, you say that you have lent money. Assemble all the evidence you have of this. Presumably it wasn't all in cash so there must have been payments made which are recorded on your bank statements et cetera. Pull it all together. You may need to get statements or evidence from your bank. Do it. Very importantly – informed the police. Stop treating everything as flannel. This is how domestic abuse takes hold and then gets out of hand. Treating it as flannel basically means that the behaviour has become normalised. It's up to you to change the culture not only of his treatment of you but also of the way you view his treatment of you and your own sense of self-esteem and self-respect. -
By Feelingdownandout · Posted
Ok - I will start to make the list. what can he do to me? can he take me to court? try to get yet more money out of me? I have none. he said that he can 'prove' the items that were left here in my 'safe' care. yet when i asked him to collect them he wouldn't...... i am not a storage facility..... he would send me emails in the middle of the night from an encrytped email account - i mean, what is that about? i had to block him in the end as it was derailing me at work. so he was unable to email me, and I put an automated reply on my email account to say that this account is no longer active. in all that time he never wrote to me at home - not once if i go to the police he will be rearresred for the previous offence as he was only released without charge and if anything came to light to substantiate the charge he would be rearrested. -
By BankFodder · Posted
Well let's get all the story together as quickly as possible so we can understand it all. Also, please can you space your posts properly. They're very difficult to read when they are a solid block of text especially when people use a small screen. -
By Titchytitch · Posted
@BankFodder really sorry ive not had chance to do it yet its very difficult trying to find the time with fasting ramadan and the obligatory duties we have on us during this blessed month but its on my to do list ive spent yesterday evening doing the SAR's which have now been sent, i had a credit report done with Equifax and transunion, Aviva are showing on transunion only and payments are showing up to date, but he's taken further loans out during the period 2015-2018 which will coincide with when he took aviva insurance out although these are showing as settled i don't know how these have been set up so ive spent the whole day to the credit agencies i am now looking to report this to the police again. Also he's done insurance quotation searches with 15 companies including Aviva around the 07/04/21 i am wondering maybe he is on the insurance fraud database and now he's trying to attack my credit rating. -
By BankFodder · Posted
Still waiting for your bullet pointed chronology
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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private landlord and proof of tenancy for housing benefit problem?
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