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    • I sent him the link for this forum yesterday but will tell him what you said. If he decides to post here I’ll be following it to help as much as I can.  Thanks for answering, it means a lot (after going from place to place discovering no one cares.)
    • It is the seller who should be bringing the action because they are the person who has lost the money. We can help them that you should contact them and tell them to come and register on this forum and assure them that everything is free and that we offer the best chance of getting their money back from Hermes – and not only that, it will be interesting and fun.
    • We don't know - all that Santander said was that a payment was made to a S/C and A/C number and they gave us that information - what they couldn't say was if a reference number i.e. the card number was entered to pay that said card. 
    • Hi -I bought a £500 bike on EBay from a private seller - listing stated “collection in person only” but after asking he agreed to post it - I bought a Hermes label using Parcel2Go, filled out all mine and seller’s details, and sent it to him. All he had to do was to stick it on the box and wait for courier to collect  - on the day of collection I received an email that “courier wasn’t able to collect the parcel” (seller assured me no one showed up for it as he’s been waiting) - same thing happened the next day. I knew Hermes tried to collect x3 and didn’t want to miss the third attempt so I asked the seller if he could drop in off and the nearest parcel drop off point.  He agreed and dropped it off. - Few days later the parcel arrived empty. It was half opened. I opened it in courier’s presence only to find bubble wrap and empty cardboard box. I asked him if there is a report we should fill out in situations like that. He said there wasn’t and that this is how he collected it from the local depot. He handed me blue card with a phone number to text ( texted 3 times heard nothing back) I took photos of the box (with courier in the background and said I don’t accept it because it’s been robbed) - I contacted the seller. He informed police about it so he could get cctv video from the parcel drop off point proving the box was heavy and needed two people to carry it.  -I informed police on my end hoping they could take a statement from the courier who delivered the box. They listened to my story but weren’t too bothered. They said I’ll get my money back if I paid with PayPal. - I got my money back. - police said I’m no longer at financial loss so to them the case is closed. - I want to fight with Hermes and P2G to get the £500 back from them so I can give it back to the seller. I’m convicted he sent the bike. He showed me the package before sending, we are in ongoing contact. He got the cctv footage etc. I feel horrible because it was me who chose the courier and it was me who asked him to post it, and now he has no bike and no money.  - I contacted P2G on live chat (since there’s no possible way to contact Hermes). They said to allow them 14 days for investigation. They were supposed to check cctv from depots and weighting points to see where the parcel went down from 15kg to nearly 1kg - after 14 days I contacted them again only to be told that Hermes hasn’t provided any information and now an automatic claim has been opened. - I provided all documents they asked for and now I’m waiting for the outcome but I already got email saying I can only count for £20 since I haven’t opted for extra protection. I haven’t paid for extra protection since stealing is illegal no matter for paying extra or not. I figured they won’t loose my parcel since it was a huge box and was ready to risk the damage. The point here is that they haven’t damaged it or lost it- It Has been delivered- Robbed.  - I’ve got all the chat scripts, emails between me and the seller, listing details, crime/ incident number/ photos of empty box delivered, photos of seller dropping it of, photos of the parcel before sending etc. I also have time and will to take them to court and open small claim. I think I might qualify for the cost relief too.  My main question here is - Do I, as a person who bought the servis and haven’t received the item can open the small claim against Hermes and/or P2G. Can I do it even though I’m no longer at “financial loss” (since PayPal refunded me). Do I need to tell them that at all?    I hate this whole situation and hate the fact that I can’t afford to give the seller his money back and be at loss too. It was a used bike, a gift for my daughter’s 10th birthday. I don’t want the time to ease my anger and forget about it because at the other end of this, there’s an honest guy who did everything he could send me that bike.    I know there are other posts that are almost the same as this one. Please can you just read through it and say what rights do I have to ask them for money back if I already got them from PayPal. 
    • I definitely have photos somewhere, but as yet, I’ve not recovered them.
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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

Marston bailiff at my door, regarding Court driving fine of £1100


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On Thursday I had a Marston bailiff at my door, regarding Court driving fine of £1100, I explained to him that i cant pay in full, and he tile me that he is going to take goods away, I explained that I cant pay now and will pay instalments to sort this out, he then said he will go and get a magistrates court order to gain entry by force,

 

Today Sunday 26th November he called and said he has applied to the court for warrant to gain entry, and said he will take goods, i explained that the goods belong to my wife and she own the house, he told me that will make no difference at all and the case is criminal, how is a speeding fine criminal, he told me that it is not worth his while taking instalments,

 

i have tried to call the courts but they told me i need to deal with the bailiff directly, i called Marston they also told me that they cant do anything and i have to talk to the bailiff directly,

 

can anyone help and advice, I am willing to pay but cant in one payment

 

 

thank you

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HIi,

 

I had got a speeding fine and disclose driver identity,

 

i work away a lot and at that time was not in the UK for several month,

 

the courts issued a fine and penalty points,

 

`I got a letter from the bailiff and tried to make a arrangement, they refused and then sent a bailiff over

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Magistrates fine. They CAN force entry into private or commercial property wether owned or rented. Makes no difference.

 

Speeding is a criminal offence.

It is known as a decriminalised criminal offence and is normally delt with by the way of fixed penalty.

 

Your saying your wife's goods.. Makes no difference as you, through the marriage, have a financial interest in all assets within the property. Joint and severablly liable.

 

The courts will refer you back to the EA as a warrant has been issued for non payment of a magistrates fine, unless proper procedures have not been followed.

 

You need to pay a big chunk off of this quickly to maybe get the chance of installments. But the EA does not have to accept.

 

Forced entry into your property is rare but it does happen.

 

You could pay the courts directly but the court will forward all the payments to Marstons as they hold the warrant.

The fees are also payable for enforcement costs. The fees are set in legislation.

 

Please remember that non payment of a magistrates fine is a criminal offence on its own and if you ignore all this you could have a warrant of committal issued by the magistrates and you could be arrested.

I would also check your driving license has not been revolked. Check online on the dvla website

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HIi,

 

I had got a speeding fine and disclose driver identity,

 

i work away a lot and at that time was not in the UK for several month,

 

the courts issued a fine and penalty points,

 

`I got a letter from the bailiff and tried to make a arrangement, they refused and then sent a bailiff over

 

Sadly that isn’t a valid excuse.... I work away a lot.... you knew there was a fine coming and you ignored it. It’s come back to bite you.

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I had got a speeding fine and disclose driver identity,

 

i work away a lot and at that time, was not in the UK for several month, the courts issued a fine and penalty points,

 

The amount of the fine is very hefty and this because you have been fined for speeding AND for failing to provide the identity of the driver. It's also more than it should be because, as you had failed to respond to the summons to plead guilty, you have not been able to benefit from the one third discount (awarded by the court when an early guilty plea is entered).

 

When you returned back to the UK and discovered paperwork from the court in connection with this fine, you really should have contacted the court at that time to make an appointment for a Section 14 Statutory Declaration. Did you speak with the court?

 

When was this fine issued?

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When you returned back to the UK and discovered paperwork from the court in connection with this fine, you really should have contacted the court at that time to make an appointment for a Section 14 Statutory Declaration. Did you speak with the court?

 

I have made endless posts on this forum over the past couple of years about the steps that will be required if a application is to be made for a Section 14 Statutory Declaration. In this respect, I have urged the public many times to ignore internet reports advising that a Section 14 Statutory Declaration can somehow be made by simply sending a copy of the completed Statutory Declaration to the court by Recorded Delivery. This is an internet myth that is hopelessly inaccurate.

 

Although a Section 14 Statutory Declaration is provided for under the Magistrates Court Act 1980, it is important to realise that the actual procedure for the making of a Section 14 Statutory Declaration is outlined under Criminal Procedure Rules and in this respect amendments were made to the Criminal Procedure Rules approx 2 years ago. The actual procedure is outlined in the following post.

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If you had no knowledge of the court fine, then you can submit a Section 14 Statutory Declaration to the Magistrates Court. The applicable legislation is Section 14 of the Magistrates Court Act 1980. Once accepted, the warrant of control will be revoked and the original conviction rendered void. It is important to be aware that a Statutory Declaration will not cancel the initial charge against you.

 

Is there a time limit to file a Statutory Declaration?

 

Yes there is. An application for a statutory declaration must be made within 21 days of you becoming aware of the court fine or conviction. In most cases, this period of time would be from the date that you received a letter or a personal visit from a bailiff/enforcement agent.

 

It is possible to make a statutory declaration after a period of 21 days but in such cases, you will be required to outline the reason for the delay. The Magistrate or Fines Officer will consider the reason given and may or may not, accept your Statutory Declaration.

 

It needs to be stressed that a Section 14 Statutory Declaration is a very important application and great care needs to be taken with the relevant documentation.

 

How do I find out which court to apply to for a Statutory Declaration?

 

On the Notice of Enforcement it should state the relevant HMCTS region or court that are responsible for issuing the warrant. If this information is not provided, then you should telephone the relevant enforcement company for further details.

 

Can I send my Statutory Declaration to the court by post?

 

Although legislation under Section 14 of the Magistrate’s Courts Act 1980 provides that a sworn statutory declaration can be sent to the Magistrate’s Court by recorded delivery, there have been many amendments to the Act which have changed the way in which Statutory Declarations are dealt with in the Magistrates Courts. The position now is that all Magistrate’s Courts insist that an appointment is made for you to attend court in person

 

The Magistrate Court want me to attend the Statutory Declaration hearing in person.

 

It is important to be aware that a Section 14 Statutory Declaration will revoke the conviction against you, but it will not affect the original charge in any way. Accordingly, the way in which the Magistrates Courts address Section 14 Statutory Declarations underwent significant changes approx 2 years ago. The position now, is that the court must re-hear the case against you as soon as possible and in almost all cases, this will be done at the same time as the court consider your Section 14 Statutory Declaration. It is vitally important that you attend the hearing.

 

What will happen at the Statutory Declaration hearing?

 

This depends on whether you had advised the court of your intention to plead guilty or not guilty to the initial charge against you. The Magistrate will first consider your Statutory Declaration and, if you had indicated your intention to plead guilty, the case against you will be heard at the same time. A guilty plea should attract a one third reduction in the new fine.

 

Your income will be taken into consideration when setting the level of fine. In this respect, you will be required to complete a Means Enquiry Form/Statement of Means ( MC100).

 

I want to plead ‘not guilty’ to the offence.

 

If you wish to plead not guilty to the initial charge, the court must re-list the case for a new trial as soon as possible.

 

If your conviction had been for using a TV without a valid licence, then in almost most cases, a ‘not guilty’ plea would not be applicable.

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