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By honeybee13 · Posted
Today's blog from David Allen Green has the title 'The judges are only the enemies of the people when it suits the government. HMG think the Supreme can't judge on constitutional matters over Brexit but it's OK if they want to bash the devolved nations. https://davidallengreen.com/2021/04/the-judges-are-only-the-enemies-of-the-people-when-it-suits-the-government/ -
Received via email today: Your appointment details Claim number: #######; Parties: LOWELL PORTFOLIO I LTD v a name Appointment date: 23/04/2021; Appointment time slot: 13:30 and 16:30; Your confidential telephone mediation appointment has been booked for the above date and time slot. If you need to cancel your appointment please let us know, this lets us offer your time slot to someone else. You will be called within this time slot and your appointment will last for a maximum of one hour. Reply by email to [email protected] confirming: your full name email address telephone number for the mediator to call you on Important mediation requirements Please read the following statements - mediation is only available if you can answer yes to all 3: I am willing to negotiate on the amount of the claim and I will consider a compromise. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation. I’m available for the entire time slot on the date of my appointment. If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected] How to respond? I think point 2 is where I send back something like: The claimant has to date failed to provide me with enough information to enter into any meaningful mediation negotiations, I also in my initial response told the court that I would be unavailable to attend and mediation until after 6th July 2021 so am unsure why an appointment has been set for the 23rd April.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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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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One year review of enforcement agent reforms
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