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    • Para 4, ICO technical  guidance on the filing  of defaults at CRAs   4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 
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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
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Supermarket -oap slipped on food - injury claim?


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On 08/11/2019 at 00:02, HP Mum said:

Bit more of an update. This is still running along.  It seems to have taken ages to collate all the different medical reports - medico legal lawyers involved now. 

The injury and repercussions have worsened - so really not sure where this will end up as a financial payout?  Certainly very happy that we took the forum advice to get a pi lawyer - it would have been far too much work and stress to handle for relative and family alone.

Really hoping lawyers come to a good agreement soon...


So has your relative been examined by experts from both sides, or just ones instructed by your own solicitors so far? 
 

Also, just for my curiosity, what kind of experts? I would assume, Orthopaedic Surgeon and a care expert. 

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What kind of expert is it? Orthopaedic knee specialist I presume.    Usually, there will be an interview and an examination. The interview will he where the expert gets the background of what h

It was indeed a very brief meeting.  As you mention - background details followed by a brief look and a prod He was independent - for both sides  

At the moment just relative's side.

GP, hospital mri scans, specialists in meniscus injuries, physio etc - but all in different places which means the lawyer has to chase multiple health sources for medical notes/ results/ prognosis etc.

Surgery has been recommended by one specialist.

The lawyer is handling everything - including the medico-legal expert.  I think they are almost ready for the medico legal experts to start talking (however they do that...)

I would like to think that this long episode is nearly over - like within a few months max...

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So your side’s experts will examine and then produce a report each. Reporting might be delayed if, for example, your relative is undergoing further treatment, as there’s no point in finalising evidence till you know the outcome of that. 
 

From this your solicitors should consider the value of the claim in light of injuries and other (potential) losses, and then possibly make an offer. 
 

The defendant may negotiate if the value is relatively low (say below £50k). If higher they may then dispute some of the evidence, will get their own experts to examine and produce reports. 
 

This might draw out the process but you’ll know more of where you stand once you see the reports. Your relative’s reports should be sent to him/her to approve prior to sending them to the other side.

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update:

Relative has appointment with an independent medico-legal expert.  Not 100% sure if this will be the only 'expert' or if the other side will want to appoint their own - I guess it depends what the independent one says?   I hope this independent assessment will be ok and enough.  The whole process is taking sooooo long! 

 

Relative doesn't know what to expect.   Does anyone have any helpful hints?

One thing relative now needs is funds for allowing access to bathroom. 

Due to the injury / cumulative repercussions over time relative is finding it very difficult to go upstairs.  No wc, bathroom or bedroom downstairs.   

Lawyer suggested adding in a claim for stairlift or lift.  Have had companies to relative's property to assess/ quote.  There will be quite substantial associated costs too. 

Does anyone have any prior experience of level of extra costs allowable/ given?  (In comparison to injury payout?)

 

 

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 What kind of expert is it? Orthopaedic knee specialist I presume. 
 

Usually, there will be an interview and an examination. The interview will he where the expert gets the background of what happened, the symptoms at the time, how they’ve progressed, what’s currently wrong, and any side issues (eg the stair lift issue etc).  

The examination will be where the expert does the poking and prodding to assess what they can medically.

 

One thing to consider (and it’s hard to say if appropriate without knowing the value of the case), there may be an argument for the other side making an interim payment to fund the stairlift. They’ll both have to agree it’s required and that’s unlikely till an expert report is served. 

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It was indeed a very brief meeting.  As you mention - background details followed by a brief look and a prod

He was independent - for both sides

 

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