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    • Particular Of claim   1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies.   2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice.   3. The agreement was assigned to the claimant.   4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS     Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   1.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017.It is admitted that the claimant has sent details of a current account with an unknown account number but has no connection to this this claim or alleged debt. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the details of alleged debt the claimant refers to nor have they referred to any account number within its particulars. I have therefore sought clarity from the claimant and requested further in formation which at this time they failed to comply to my request.   3. Paragraph 2 is noted. However, as above the alleged debt is still unknown and further I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   4.Paragraph 3 is noted. As above as the debt is unknown its immaterial and I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   5. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant has failed to comply with either requests and in particular my section 77 request and provide a valid copy of the agreement and therefore remains in default of my request and is prevented from enforcing the agreement they wish to rely on.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.               1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.
    • the court should have written to you acknowledging your defence filing?   dx  
    • thanks, will do.   For some reason, I can't delete the first attachment
    • 2 posts hidden docx files contain all your pers details in file properties/info just post them here as plain copy and paste text next time. or PDF don't use docx.   dx  
    • Yes that’s correct.  A secured loan not a mortgage.    thanks for confirming original creditors don’t do court. But if they pass debts to a collection agency, can they apply for a CCJ by default as I’m overseas and then apply for a charging order against the property?
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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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morning all

 

travelling back from holiday and have had a bit of a bump, stopped and swapped details of course but not sure how its likely to go.

 

came off M60 on slip road and theres two lanes to go around onto M67,

i was in left hand side of the two (video shows markings on road)

went to go around the lane (stayed in lane)

and unfortunately someones come from the 3rd lane and tried to go straight on - straight into side of the car

 

not sure how insurance is likely to view it to be honest (especially as its wife insurance as named driver)

 

the only other detail is that although its dented his wing its has actually done very little to our car, most a scratch and a tiny dent so really not sure if its worth claiming

 

http://tinyurl.com/y7geetg7

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Ta ford not sure why it was playing silly bods it kept showing the code bit then vanishing when I clicked post

 

correction i think its site issues, your video link shows on my phone but not my pc - RIP webmaster

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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It's clear to me that you were in the correct lane to go on m27 and the blue car hit you on the side (your car jolted).

I wonder what the insurance would think though.

They're a law into themselves and they would possibly settle on a 50/50 claiming that it looked like you were continuing going around the roundabout and were in the wrong lane.

They would possibly say: "in fact you continued the manoeuvre and changed lane after the accident", completely ignoring the fact that you had to stop and exchange details.

It all comes down to which insurer you have your policy with, some are good, some others not so much.

The video is precious though.

Keep on top of this matter by regularly calling the insurance until they assess the liability (don't forget to record calls), just in case they settle at 50/50 without telling you.

If they want to split liability you will need to start a complaint.

In any case unfortunately you have to report this incident.

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Ta king that was my thinking as although the arrows are marked straight on the m67 is actually to the right

 

So what's happened is he's used the right hand lane for m67 (way we went after the bump and where we parked) to go down the m60

 

All he kept saying after the bump was that he had the right to go that way as the dashed lines mentioned he could change lanes (didn't like it when I pointed out the dashed lines were around the other side of the round about not on the junction)

 

Will report it today as a little worried he's going to try it on for damage and injury - I doubt it as very low speed and after a bit of cleaning his paint off its basically left a dent roughly half an inch square and a little bit of tire mark that's taking A little more cleaning

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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was he trying then to do what the red car did; cut across (but too late) to go down the slip, you being in the right lane for m67

IMO

:-):rant:

 

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Pretty much.

 

Insurance viewed video today and agreed that's what he seemed to do. Their going to push for admittance of fault from his insurance

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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He hit you at rear right while you were in the correct lane, how could you possibly be at fault?

Anyway, where was he looking when he bumped you?

Are there posters of adult magazines in the middle of the roundabout???

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well car accident no.2 today

 

this time im not putting the video on view as unlike the wifes camera mine records sound and i squeal like a lass when i see him coming.

 

and not in the wifes car either this time but my electric car i only had 8 months :(

 

chaps reversed at high speed down a car park lane and gone straight into the corner of the car, broke the bumper and knocked a light out - claimed not to speak english but some "friends" turned up to translate - although all they really said was put some hot water on the dent and it'll come out... its the size of the top of my head ffs

 

p.s. are insurers getting more pushy or is it just me? - they want to try and put a second personal injury claim in even though i told them most of the aches are from the last accident

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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re: personal injury- they do this as part of a rather perverse game of pass the parcel. It has been outlawed but that doesnt seem to matter to them, they dont want to get stuck with a claim so they try and initiate one first. It also earns them a few bob for referral fees (also outlawed but hey- the ombudsman wont fine then millions)

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labrat, can you post a warning on this site the next time you get in your cars to drive. We can then spread the word, to avoid another accident.

 

Remember the saying, ' accidents seem to happen in threes'

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well car accident no.2 today

 

this time im not putting the video on view as unlike the wifes camera mine records sound and i squeal like a lass when i see him coming.

 

and not in the wifes car either this time but my electric car i only had 8 months :(

 

chaps reversed at high speed down a car park lane and gone straight into the corner of the car, broke the bumper and knocked a light out - claimed not to speak english but some "friends" turned up to translate - although all they really said was put some hot water on the dent and it'll come out... its the size of the top of my head ffs

 

p.s. are insurers getting more pushy or is it just me? - they want to try and put a second personal injury claim in even though i told them most of the aches are from the last accident

 

Why not edit it and remove your squeals. I have to say your dashcam is very good. A damn sight better than mine. I have videoed loads of idiots but no accidents (so far)

 

With some plastic body parts, hot water will bring out a dent quickly. Seen a few over on YT

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labrat, can you post a warning on this site the next time you get in your cars to drive. We can then spread the word, to avoid another accident.

 

Remember the saying, ' accidents seem to happen in threes'

 

rolf i feel like that myself i seem to find myself worrying each time i get in a car now

 

silverfox, i might get an edited version set up at some point but not just yet... unfortunatly my dashcam is not the same brand as wifes and not quite same quality...

 

i have heard hot water can do wonders for dents in plastics but after looking into this one i doubt it, the dents about a foot across, maybe 9 inches high and gone about 2-3 inches in, cracked it where it meets the wing and broken the bracket for the bumper lights

 

you know what, to heck with it - you can put up with my bad humming and squeals - the jingle when i say some naughty words is my keys falling down the side of the chair, it jingles again after the accident when they fall out the door as i open it...

 

http://tinyurl.com/y7geetg7

 

again videos showing on mobiles but not pc so

ht tps://youtu.be/8sgDblLOukE

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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it seems you were there before they started reversing (rather than both going at the same time), and they reversed into you?

the humming was worse than the 'squeal' :)

ps, vid shows on my pc

IMO

:-):rant:

 

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Yea insurance mentioned on the fact I was stationary and had been for a second or two before his reverse light came on..

 

Chap's friend rang me today didn't seem happy about having insurance involved

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Chap's friend rang me today didn't seem happy about having insurance involved

unsurprising, not only seeing as they wanted you to boil a kettle and put it on the dent :)

IMO

:-):rant:

 

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I hate to throw a spanner in the works but, in my insurance experience all insurance companies appear to state 50/50 the moment you mention roundabouts. If you are 10cm off a roundabout then their attitude changes.

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its not a spanner, it could well go that way in the end, commercially.

but, from labrats post #7 it seems labrats insurance are actively 'going to push for admittance of fault' from the other side, that drove into labs car.

ps, one thing here is that there is dashcam evidence. if it was just oral, then a knock may prob definitely be the result from the outset.

IMO

:-):rant:

 

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I see a car reversing into you.

My wife had a similar accident a couple of years ago and the insurance said that without any doubt a car reversing is at fault in 99% of cases, especially if the other car is stationary.

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Personnaly I think 50/50 is always a possibility with insurance

 

That's my opinion after seeing someone I know getting 50/50 after two witnesses said the other drivers came though on red

 

This time however with video I'm hoping for otherwise

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Well got a call this morning

 

The other driver reported that we went diaganolly into his lane and car...

 

Chap at insurance hadn't seen the video turns out although enterprise and rac got it neither of them bothered passing it to the underwriter

 

Chap watched the video, started laughing and just said that they would definitely dispute the other sides story...

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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ie if there was no vid then it would prob well have been knock for knock.

then again, it may still well be commercially.

 

what about the reversing incident?

IMO

:-):rant:

 

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mergeAdmitted liability as far as I heard

 

No fault team arranged repair this friday. Hire car collecting me from repair centre

 

Have to admit it's taking longer than i thought.

 

Cars still in for repair - not sure if it's because it's electric or if it's got more damage than I thought

 

Paying the 6.99 a day excess on the hire car so hope it's not long

 

As for personal injury they seem to have forgotten the second accident which is a relief in a way as it was relatively minor

 

The first one still has me in physio which I must admit hurts like hell but seems to help

 

Arrgghhh first [problem] call and Mil went for it...

 

They got her to open a claim on my three kids. Because I refused they contacted her

 

Gonna kill someone in a min

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 6 months later...

Well 2nd accident no issue admitted it

 

1st one (the roundabout) had a call today from aviva

 

Apparently they "accidentally" paid out to settle the other side

 

They have viewed the video admitted the person who paid out didn't watch it. Are sending £150 as a good will gesture. Are booking the car in without paying the excess. Have settled the wife's whiplash for a bloody high amount are trying to sort mine and are rechasing the other side...

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 months later...

And as the other side wouldn't reply they issued court papers last friday

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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