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    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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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.
       
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      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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Illegal eviction damages claim


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The claimant isnt planning to attend court due to a hospital admission but plans to send his wife asa representatives. I’ve tried over the last few months to convince them to not go to court as I can see clear problems in their case but they feel as they own the property they are justified in their actions

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In small claims track, a third party (such as a wife or other family member) only has the right to represent a party if the party is physically present in court. If a party is in hospital, his wife has no legal standing to represent him.

 

The rules are pretty clear on that - you can only be represented by a solicitor or barrister if not present.

 

Though to be fair it is very possible - probable in fact - that the judge would just let it slide and hear out the wife despite what the rules say, rather than go through the bother of rescheduling the hearing.

 

To me it sounds like yet another reason why the landlord should try reach a settlement in advance of the hearing.

 

Yes the tenant is liable for damage to the property, if the landlord can prove that the tenant damaged the property (e.g. by a check-in inventory compared to a check-out inventory). But I think the landlord also has to accept he did not protect the deposit and there will likely be a penalty for that.

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  • 2 months later...

Hi all just an update. Second hearing of this case due tomorrow. In the first the claimant was ordered to provide number of things prior to this hearing. All have been provided bar a copy of the tenancy agreement. The hearing was initially schedular for a 3 hour slot, however today all parties have received an email stating that upon reading the statements and that the claimant had not provided as ordered a copy of the tenancy agreement, the hearing will now be a directions hearing with a time estimate of 1 hour.

 

What does tris mean?

As a layman am I right in thinking that the judge is likely to dismiss the case due to the claimant not providing the evidence ordered?

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Further update

Hearing lasted 10 mins, no case to answer on damages claim as no tenancy agreement provided so judge unable to rule on breech of tenancy without a contract.

Judge refered to the claimants as bad landlords and directed the tenants to sue for loss of furniture, claim for the deposit not being protected plus compensation And to pursue the landlord for illegal eviction. The judge warned the landlords to expect the costs to them to run into tens of thousanss

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Yes, thanks very much indeed for the update.

 

It sounds like the landlord was lucky to get off lightly on this occasion.

 

The landlord would be well advised to heed the judge's warning, and to offer a settlement to the tenants to settle their other claims. Otherwise it sounds like the landlord risks new claims being brought against him which as the judge said could cost the landlord tens of thousands.

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