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    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
    • Hi lookinforinfo,   No problem, regarding the 'Pay on Foot car park' sign there are two, one on the inside at the front of the carpark approximately 5-10 meters from the entrance and another one on the inside at the back of the car park roughly in the middle.  There isn't one at the main entrance to the car park.  Both are situated inside the car park front and back.
    • I wanted to send a laptop back for a refund and chose to go through Hermes as they offered the best rate for the size of the parcel.   I chose not to get it insured as I'd heard about it not being enforceable and a waste of money, especially as it only covered up to £300. After sending it off I was contacted by the laptop company saying that I need to get it back as the address they had listed on their website is no longer where they are based. I got in contact with Hermes straight away (same day) to try to resolve this. Parcel was sent off on the 24th of June, it was out for delivery on the 28th or 29th so I called Hermes and they were able to contact the courier to stop him delivering it, I was assured my parcel would be with me within a week. I checked the tracking on the 2nd and it said the parcel had been delivered to the neighbour of the address on the parcel, I called them as soon as I saw it and they raised it with depo for someone to collect the parcel and send it back to me, I have confirmation that it was retrieved and returned to depo on the 6th. I then checked tracking again and it had been redelivered to the same address on the 8th so I contacted them as soon as I found out, and they had to raise it with the depo once again. I didn't hear anything from them for a few days so I called on the 20th and they told me they had lost it and would send me a claims form and that I would get the value of my parcel as well as postage costs returned to me. My claim has been approved today but they are only offering me £20 for the laptop, plus the £6.80 postage fee. I needed to have this parcel sent off to the retailer by the 16th as that was my last day of being eligible for a refund, and because of Hermes's series of mess ups I wasn't able to meet this deadline and have now lost out on £408.99. Is there anything I can do to get the rest of the money back?  
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Missed Claim form deadline, anything I can do?


beerme1664
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Hi all, due to a massive cock up by myself I have missed a claimform deadline and judgement has been issued according to MCOL, this was because I went on holiday and was too late when I got back, yesterday....completely my own fault!

 

Is there anything I can do?

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did you not defend all

what date is top right claimform?

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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only set aside then?

 

has the judgement for claimant letter not come through yet?

 

that's was stupid

why didn't you start a thread about it we could have reminded you

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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Would nice if you concluded the others claim threads here too

We don't mind helping but...

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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please go and update them please.

 

 

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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Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy

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Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy

 

 

Hi Andy... the part in red;

What happens if the Defendant doesn't acknowledged a claim within 14 days, but defends on time?

 

This happened to me last year and whist the court at first entered judgement by default,

the defendant stated that they did file an acknowledgement on time.

 

 

They produced a certificate of service, and the court overturned the default judgement.

 

I think the fact that you are not required to send documents by recorded delivery means that you could, if you were dishonest, just backdate the certificate of service, etc. TB

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If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

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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If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

Andy

 

 

Thanks, Andy

 

TB

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