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    • Firstly, even if they get away with this, it doesn't mean you won't win.  The solicitor can eloquently waffle on as long as they like that the signage isn't carp.  I'm afraid the signage is carp and the photos show it is.   Virtually everyone who has beaten these companies in court was facing a solicitor, but still won.   So do what dx, Andy and the court woman said.  Write to the court now pointing out this is a supplementary WS and it was submitted to you & the court 17 days after the deadline albeit with a date on to pretend it was written before the deadline, and you invite the court not to accept it.   If you get nowhere, then challenge it on the day in court.
    • 21st April for them to produce, personally I think this is way too much time for them😪 Order of the Sheriff-1.pdf
    • My daughter has been selling unwanted items, mostly clothes, for a couple of years now with no problems until recently.  She sold to someone in Germany before Christmas, which was claimed never got there, so obviously paypal refunded the buyer, no questions, despite her never having any problems before now, which left a negative balance.  She sent it using Hermes, something I have only just realised was a big mistake.  She has proof of postage given to her when the package was collected, although the reference number is now not recognised by Hermes, so getting in touch with them to find out what happened to her parcel is impossible (as many social media platforms have confirmed this).   So the outcome is that while we were trying to get in touch with Hermes, paypal have, very quickly, passed this on to Moorcroft who are now hassling her.  I have told her not to worry about Moorcroft as everyone knows how these people operate, I have reassured her that there will be no visit to the door from anyone.   The only concern she has is whether it will affect her credit file, as she has worked hard to get a good credit rating over the last 4 years and doesn't want something like this to destroy it.  My thought is that it can't as it is not credit, and she hasn't gained financially in any way, quite the opposite really, so it can't have any negative impact on her credit file?  She is prepared to give Moorcrost the money just to get it sorted, but I don't want her to be hasty in giving them people anything.   I've looked at a few posts similar to this and my understanding is that this is correct but just need reassurance to pass on to her.   Thank you
    • It was granted on 17th Feb and i requested to their Leeds address below:   Hermes UK Capitol House 1 Capitol Close Morley LEEDS LS27 0WH   This does look like the correct Hermes UK office address though?
    • You have a judgement against Hermes? When was it granted? You should apply for execution of the judgement immediately. You shouldn't even be asking us. One thing though – you should check that you have actually serve the papers on a real physical address. We have had one case recently against virgin where we discovered that the papers have been served on a postcode – but it was actually a redirection address and that there was no physical address which could be visited by bailiffs. What address did you use for the claim?
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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

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Hi guys

I wonder if you could offer advice please

 

Jbw enforcement agent appeared at my home this morning looking for my 21 year old son.

 

I did not open the door no will i.

 

Son is not here at the moment but i do have a bed wardrobe ect in my dinning room for him to use if he was to be here

- no belonging other then some clothes and odd toiletries and no car in his name.

 

Notice just says enforcement for warrant £616

And a ref number .

 

phoned son who told me to open his mail and discovered letters about non payment of dart charge from march this year.

 

2x £115 one of the numbers matches the number on the enforcement notice the other does not

 

Whats the best way to proceed from here please ?

 

Are they likely to try and take goods from my home ?

 

Should son contact the bailiff with a offer ?

Edited by honeybee13
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No powers of entry.

Its not magistrates fines.

They cannot take anything of yours.

If they turn up let them do HPI checks and DVLA cecks on your cars no matter how much they spit there dummies out.

 

Have a good parent son chat.

Old enough to drive, old enough to sort finances out

 

One question

Who's car was he driving at the time?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes his bottom has been kicked sadly as hes dyslexic he does tend not to open his flipping letters sticks his head in the sand

.It was his car that was scrapped around the same time.

 

Is there any way forward with this to resolve it ?

Should he just start to pay what he can afford to the debt agency while ignoring the bailiff ?

 

Would i need to show proof that its our home and not his ?

Not a problem but id just like to know what

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You cant ignore the bailiffs as a warrant has been issued.

Best thing is to get an arrangement to pay before they do a personal visit. This will save him money.

 

If they do visit you can show them your id and explain its your son but they will try to gain peaceful entry, so lock your doors behind you.

 

They will try to get you to pay it, being bank of mum and dad but it depends what sort of stance you want to take with your son.

Personally id make him pay it regardless.

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This was a personal visit allready many charges on top The bank of mum will not be paying because a ,i cant afford to and b, its not my flaming debt

 

 

However i know he hasnt got this kind of money and that the bailiff is unlikely to accept what he can offer

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Unfortunately the charges are set in legislation and now form part of the fine.

 

I take it he does not live with you so let them trace him to his own address.

 

Sometimes they need to stand up on their own feet

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Give the bailiff your sons address and prove he isn't at your house. Then let the bailiff deal with it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi guys

 

Son is not here at the moment but i do have a bed wardrobe ect in my dinning room for him to use if he was to be here- no belonging other then some clothes and odd toiletries and no car in his name.

 

Notice just says enforcement for warrant £616

And a ref number .Phoned son who told me to open his mail and discovered letters about non payment of dart charge from march this year.

 

2x £115 one of the numbers matches the number on the enforcement notice the other does not. Should son contact the bailiff with a offer ?

 

As you son has only just become aware of the Dart Charge (because he is living elsewhere), then the simplest solution is for him to submit two Dart Charge Out of Time witness statements to the Traffic Enforcement Centre. He will need to provide a postal address on the forms (presumably where he is now living).

 

On the forms he will need to provide the Penalty Charge Number (which for Dart Charge will start with IA (or possibly IB) and be followed by 8 numbers. He will need to explain that he only became aware of the penalties yesterday when he was contacted by his mother after a bailiff visited her address. In relation to the vehicle and address on DVLA records, I would suggest that your son states on the forms that the vehicle involved in the crossings was scrapped a short while after using the crossing. He is has any evidence, he should provide it.

 

If he submits the forms before 4pm today (by email) they will be processed today and in almost all cases, bailiff enforcement will be placed on hold sometime tomorrow morning. The 'hold' will be in place for around 4-6 weeks. If accepted, and depending on whether he has received a previous penalty charge notice, the charge will be reduced to either £2.50 or £37.50. All bailiff fees will be removed.

 

PS: I would suggest that on the form your son mention that he is 21 years of age and is dyslexic.

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Sorry, I should have mentioned that if your son only has one Penalty Charge Notice number, he will need to call Highways England to get the number for the second crossing. Their telephone number is 0300 300 0120. He needs to wait on the line to speak with an operator. It is during the call that many of my clients discover that there are other unpaid Dart Charges !!! If so, he needs to ask for the reference numbers. He should ask what stage of enforcement they are at (Charge Certificate, Order for Recovery or warrant stage).

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