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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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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

County Court Claim received with no PoC and its been 27 days!!


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Hi there,

 

I received a county court claim form with the date of service 19th june with no particulars of claim attached.

 

I filed my AoS and i have been waiting for the PoC but they still haven't been filed

 

. My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me.

 

I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC.

 

Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing.

 

Should i write my defence up to defend against the brief details of claim?

 

Really appreciate any help you can give me! Thank you :)

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Please post up the claim form which you have received in PDF format.

 

Also maybe you should tell us the story

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Yes follow upload to do it

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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i worked for this guy for 4 years and he wanted out of two of his shops

 

i bought the stock off him but a stock value was never agreed,

i did my own stock take and by my estimate ive already paid him or not far off.

He never gave me an itemised stock list or anything.

 

He started asking me for money recently and i told im to stop asking me as ill continue when he gives me his estimate of the stock price.

 

A week later i received this court claim form.

Claim form(2).pdf

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I won't be able to comment on this too much tonight. Check back tomorrow

However, this claim form includes the particulars of claim and it should have been dealt with straight away with a proper defence.

 

It would be helpful if you typed out his claim because your redaction makes it rather difficult.

 

Very briefly though, if you consider that he has no basis for his claim then you will need to address each point he makes.

Clearly you have very little time and so you better get cracking now typing out the claim and what you want to say about each point.

 

because this claim is for much more than £10, 000, it means it will go onto the fast track and so if you lose you could be liable for his costs as well.

 

Start preparing your defence here on this forum and we will have a look at it but I'm afraid that we are all compromise by the severe lack of time and the fact that we don't really understand the issues very well

Edited by dx100uk
Start not stop!!
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Moved to gen legals

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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Defence was due today by 4.00pm......date on the claim form is day 1.

 

This is a CCMCCC claim not MCOL

 

 

Andy

We could do with some help from you.

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Well he still has time to get a defence in as long as it is received by the court before a judgement application is received and it is processed. But he better look lively.

 

On the basis of what we have been told so far:

 

The claim is denied.

The defendant agreed to buy the stock of two businesses from the claimant.

The claimant undertook to provide a stock value and failed to do so.

In the absence of an agreed price, the defendant started making payments on the basis of an implied reasonable price for the stock.

The defendant has now paid what he believes is a reasonable price for the value of the stock received.

The claimant has still failed to provide any other valuation.

 

Additionally, the claimant has failed to observe the pre-action protocol and is not given any notice that he intended to begin a legal action.

The defendant respectfully requests the court takes this into account when considering any question relating to costs.

 

Statement of truth

 

It's really up to the defendant if he wants to come back and engage with this thread and try to sort the mess out.

 

It seems to me that the risk of costs are so dangerous that he should put in a defence and then try to negotiate a way out of it. However, an independent valuation of the stock and then a comparison of that against the money that he has paid date would be extremely helpful.

 

He needs to get a move on

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