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By The Scourge of Ryanair · Posted
Did you submit any kind of response to their defence submission? You are perfectly within your rights to do so and can use it to elaborate on the facts and present the legal arguments behind your case. Just write it in the same template as their defence and send it to them and the court. Ensure that they acknowledge receipt as it will become evidence. It also gives you the chance to unpick their defence, apply for parts to be discounted where you can argue for such a move and make the case why their request for costs should be dismissed. Look up the legal definition of unreasonable conduct as that is the only reason for permitting defence costs in the small claims process. Then state why you have been reasonable and why they are unreasonable. This usually is because they never reply to emails, never listen, reject all requests through their own processes and leave you this process as the only available course of action. -
By honeybee13 · Posted
When I said Europe wouldn't be pleased to see David Frost back, I didn't expect that within about a week of being appointed he would unilaterally extend the grace periods for goods travelling to N Ireland and risk legal action and damage to the UK's reputation in the world. It's quite concerning to me, but clearly not to the government, what's being said in NI by unionists and loyalists. It's hard to believe he was our ambassador to Denmark when he behaves like a night club bouncer and only seems able to negotiate by confrontation. -
Hi Scourge, No, no mentions of birdstrikes. Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect. All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements. Yes, the solicitors quoted £350 as cost of them preparing this defence.
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By BankFodder · Posted
Almost £100 a day for a courtesy car??? Sorry, but somebody has seen her coming and is treating her as an open cash till. Who recommended that? If it seems muddled to you – then how do you think it feels to us when we are receiving this information third hand. I think that you want to get her to come here and to give us the story first hand and also as already suggested, I think that a carefully drawn diagram with a key as to whose who is essential. Having some kind of printed off map with Mr XXX and Mr ZZZ blah blah blah. On the basis of what we've been told, it appears to us that she was driving along minding our own business and then somebody who was parked on the same side but facing into the traffic pulled out directly in her line and she took avoiding action. And this is shocking treatment as far as I'm concerned because apparently her own insurer is saying that they are stuck because they don't have evidence and so they are putting their hands up to another insurer/driver who presumably also doesn't have evidence. I think you are dealing with a lazy insurer that isn't really interested because they only involve the third party insurance – not comprehensive so that they know that they are going to take a particular loss so they're not bothered. Do we have any idea of what the other side story is? Or has that not been revealed to you? We can deal with this and we can help you challenge this and probably with a high chance of success – but we need better engagement. I understand that your sister is pregnant – but pregnancy isn't an illness – and I think that she would feel empowered if she got to grips with this directly. Certainly, what we need is better engagement and if it has to be you acting on her behalf – then the first thing you need to do is make sure you understand the story because if you don't then what snowflake's chance in hell do we have?
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Our picks
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
waz70 posted a topic in NatWest Bank,
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
Picked By
waz70, -
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Will a builders public liability insurance cover a claim for poor workmanship
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