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    • Hi I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor.   It is a county court claim in relation to a RTA 2 years ago.   I have some questions in this regard  No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me) No.2 I don't understand the details are at best miss representations No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant  damage to my daughters car.  No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers  No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic  advised paracetamol and it notes this woman has had significant back pain for 10 years? No.6 Its also lists 2 defendants my daughter and the insurer. No.7 The chosen court is 200 miles away !     I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her . Should I respond to this and detail the evidence I have here on my CCTV.  Give them pictures of the road where the accident happened totally disproving their account?   I don't know what to do      
    • Ryanair did not appeal - so ended as expected :-)
    • Quick update in case its helpful to anyone in the future.   Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking. All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6.   Thanks for all your help MITM
    • Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.
    • Just to add, it may well be that the camber was slight – but coupled with the momentum of a vehicle, sliding on slushy ice, it doesn't take much to add that little bit of extra speed or momentum to a skidding vehicle   Also, you say that there was "not a lot of bend" at that site. Frankly I disagree. I think there is quite a pronounced bend and also the position of the van – which is roughly in the position of the white car in the image below – was pretty close to the band and if you imagine that it had started pulling out before the OP appeared and started to make its manoeuvre and was far enough in to the road to have a gap done its left-hand side that a Vauxhall Corsa could pass down, then I think that the bend was sufficiently aggressive to have been of concern to a prudent driver – who was parked on the wrong side of the road, who was trying to cross the carriageway to proceed on the other side of the road who had parked close to a bend and he was aware of the icy circumstances.     In fact if we take the width of the van at 72 inches – 6 foot. In order for it to be far enough out into the road to allow sufficient gap for a Vauxhall Corsa to pass down it, it must have been all of 11 foot into the road. The OP tells us that she lives there – and maybe she would be kind enough to measure the width of the road where the van was.  It is a narrowish  stretch of road
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    • 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
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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
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£19k personal debt due to failed company


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Hi,

 

I have debt with a few different companies amounting to around £19k as a result of my company becoming unable to manage our cash flow.

(We were bought down by several of our clients not able to pay us now the inland revenue are winding the company up.)

 

The above aside I would like some advice on what I can do to manage the debt that I have built up trying to support the company which is as follows:

 

Current account: - £2,600 over-dawn - overdraft limit is £3k

Credit card 1 - £2,540 - limit is £3k

Credit card 2 - £3,145 - 0% interest card for 18 months

Credit card 3 - £3,320 - limit is £6,500

Also;

A personal account with a joinery supplier to which I owe £7,800.

 

So all in all about £19,405 and increasing daily due to living costs etc.

 

All the debt I have above is from buying materials for the company, going without being paid for several months and not being able to pay my expenses for several months in order to support the company. (I also had £10k invested in the company that I have lost)

and;

The company's overdraft facility which is £25k shared equally between myself and my business partner.

In order to get this we had to sign a debenture in order to personally guarantee it.

 

I didn't include the above because I'm not sure if this needs to be considered for the time being,

I guess that's question 1 because the revenue haven't completed winding us up so the account is still live and hasn't been frozen.

 

My current personal circumstances as a result of this are as follows:

 

I am separated from my fiancé and have a child with her that I obviously need to support and at the very least pay maintenance for.

moved out and have been living with my mother for just under a year.

no assets and no savings. (No car and certainly no house)

no job and have not being paid for the last couple of months.

 

The pressing issue I have is the account with the joinery company, which is question 2

 

My company had an account with them with a small credit limit so both myself and my business partner set up our own individual accounts as a way of extending our purchasing ability.

 

My company's account is settled as is my business partners however mine isn't.

As a result they issued a CCJ against me about 6 months ago because we were not able to pay it off.

An agreement was reached through the courts and a figure had to be paid every month.

As the company failed we couldn't pay this even.

 

The court has sent me an interim third party debt order,

the joinery company is seeking to get a court order to demand from my bank the contents of my account.

 

Question 3

I guess is where I go with all of this next,

I haven't got any way forward with any way to pay this off,

and after years of sacrifice and going without I have come out the other side with less than nothing.

 

I have done a little research into what my options are but I guess taking all of the above into consideration, what is the best approach:

 

Debt relief order - for debts of less than £20k - although i'm now very close to the limit not taking the business's over draft facility so i'm not sure if eligible

 

Individual voluntary agreement - If the above isn't possible perhaps this would work but would everything be covered in this?

 

Bankruptcy - not ideal for obvious reasons.

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Is there a realistic alternative to bankruptcy in this situation ?

 

The debts are increasing and I am not sure you can delay matters.

 

If you have no earnings and limited savings left, suggest you open up a separate basic Bank account now and claim any benefits such as JSA or Universal Credit as a temporary measure.

 

You should seek qualified debt/legal advice and you may be able to get some limited free help locally from a Solicitor and/or insolvency practioner.

We could do with some help from you.

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Yes, what are the obvious reasons which prevent you from considering bankruptcy?

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Thanks for your response,

 

I do have a little light at the far end of the tunnel in that i have been offered a job (part time) for another company, this would be regular work and income that could be used to make payments under an IVA. I have also set up a separate basic bank account as you suggest, I forgot to mention that.

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I guess I always considered it the very last resort, and it's an expensive process isn't it? i'm also concerned that some of the creditors owed by my company would come after me and my family personally and could become violent or aggressive, so if i could avoid it that would be preferable.

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I though it was about £800 to apply for your own bankruptcy ?

 

Whatever is best for you, IVA or bankruptcy. Needs to be something officially registered, which will keep creditors at arms length.

 

There should be no violence or agressive tactics, but if you delay matters, then you risk a visit by high court enforcement, who can seize vehicles you own. They have no rights to force entry, but would try to see if a door is unlocked or someone is silly enough to let them into their house. Once in a house, they have right to come back and force entry if necessary, if a payment arrangement is not necessary.

 

Advice is to act without delay. Speak to someone who deals with insolvency and make the relevany application.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I though it was about £800 to apply for your own bankruptcy ?

 

Whatever is best for you, IVA or bankruptcy. Needs to be something officially registered, which will keep creditors at arms length.

 

There should be no violence or agressive tactics, but if you delay matters, then you risk a visit by high court enforcement, who can seize vehicles you own. They have no rights to force entry, but would try to see if a door is unlocked or someone is silly enough to let them into their house. Once in a house, they have right to come back and force entry if necessary, if a payment arrangement is not necessary.

 

Advice is to act without delay. Speak to someone who deals with insolvency and make the relevany application.

 

That should have read, payment arrangement not kept to.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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