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    • Excellent. Well done. I'm pleased for you. Yes they always try to claw back something – to satisfy their sense of pride. The money should get to you pretty quickly – they obviously don't use Hermes to deliver it.   Thanks in advance for any donation – but wait until you get the cash before you start chucking it around!
    • Well done and thank you for coming back to update us.   Thank you also for the donation, much appreciated.   HB
    • Delighted to report back that I have won my money back.    Minus the £25 claims fee but I did try (I pointed out that this amount is negligible to a huge company but a lot to me).    The whole mediation process was completed within 30 minutes, with a bit of back and forward between mediator, Hermes and myself.    The mediator was excellent and didn't put any pressure on me.    I am really pleased, it's been a long slog and very stressful, but I'm glad I persevered.    Thank you so much to everyone here for their help in getting through this! I'll be making a donation as your support is much appreciated, particularly @BankFoddermany thanks 
    • But surely shes got a point that they havent sent the t&c and prescribed terms means its not a true copy of the agreement? i thought that meant they cant proceed to court if they dont provide that stuff mentioned above
    • yes i know you explained that before mate,  its just annoying but i dont know how much of this is fees. Ill have to get her to look   How much in fees would it need to be to make a difference?
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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

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Apologies as I've probably posted on the wrong board!

 

 

I've just returned from holiday. Before I left I read a thread that I really wanted to respond to but didn't have time to do so before gallivanting off to Florence.

 

 

I'm pretty sure it must have been a legal thread. Essentially I recall it being about a magistrate remonstrating with a defendant who pleaded "not guilty" when the Mag thought they should have plead "Guilty". I think it was about "historic debt collection" and possibly TV licences.

 

 

Anybody point me in the right direction? I've looked but can't find it.

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check your post history.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks. Problem is that I never got round to posting on that thread before going on holiday.

 

 

The thread in question must have started between, say, 10 to 16 October.

 

 

It's not terribly important as my comments would not particularly help the thread originator, but one of the contributors referred to comments made by a magistrate that I feel quite strongly about. (ie magistrates should not be doing what that contributor said they did.)

 

 

Never mind. I'll keep looking...

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Thread moved to Bear Garden

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