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    • ...or it would be if it were funny.   Sadly, my uncle died in July of last year, at which time we applied for probate. I enlisted 3 estate agents to value his property so as to find a value for the inheritance tax forms, and was told by one of them to put it on the market as soon as possible as it takes as long to get a completion date as it does a grant of probate. Having never been through this before, I believed him (and to be fair, I believe he thought he was telling the truth).   In any case, the property sold within hours of going on the market (Sold, subject to probate). I then saw a flat for sale close to where I live now, and asked the estate agent if I could put an offer in "subject to probate" - she agreed that this was quite common, and so I did. The offer was accepted.   We then, after 8 weeks (the probate office refuse to talk to you until 8 weeks has passed) and much faffing around with hours and hours spent in phone queues, discovered that the email they send a few days after applying that says "we have received your supporting documents" actually means "We have your electronic application". I took the former to mean that they had received my uncle's will - which they hadn't. Someone, somewhere had lost it. The post office blamed them, they blamed the post office, yada yada yada...   The short and curlies of it was that meant we had to them complete a "lost will" questionnaire, which we did, and then posted it special delivery (as we had the original will) to the address they had given. Another 8 weeks passed, and finally I was able to talk to someone...who informed me that they had given me the incorrect address and that I need to send a copy to Manchester, and also to withdraw my initial application as we no longer had a copy of the will.   At this point, I gave up and enlisted a probate solicitor. They told me to withdraw my application, which I did, both in writing and then followed up by a phone call to make sure they had it (was in the phone queue for 2 hours and 16 minutes).   Then, 12 weeks later, I am chasing my solicitor for an update (they had since changed the "Won't talk to you for 8 weeks" to "Won't talk to anyone at all until 12 weeks has passed"). At that point they were informed that they hadn't actually withdrawn my initial application, and that they were sorry. Sorry. Yes.    So, every week since then, I have been asking my solicitor for an update as the buyers of my uncle's house, quite understandably want to complete before the stamp duty holiday, and it transpires that the probate office hadn't even made a start on our application.   All the while, my uncle's estate is being eaten up in interest on a "equity release" loan that is still running. In the small print it says that they will apply for something or other to take control of the house if probate is not issued within 12 months of the policy holder dying. I thought at the time that 12 months was ample time for such a simple application, but it seems I was wrong.   Our application has now been to the London office, then Manchester. I discovered that was in Newcastle, and today I received an email telling that it's on it's way to Cardiff, and nobody knows why.   To top it off, the seller of the flat has since died, and his brother is now having to apply for probate in order to sell the flat to me.   I realise that the probate office is under a lot of pressure, they claim to have in excess of 500 extra applications a week, but this level of incompetence seems criminal to me.   Does anyone know what my options are?
    • Okay. I was losing track. Thanks I'm intrigued to know what their reaction is going to be when they eventually get visited by the bailiffs – although I have to say that County Court bailiffs are pussycats compared to High Court enforcement officers
    • They send it to local business because someone will always be there to sign for it.   Going by experience when speaking to eBay its best to ring them in the morning as you normally get through the Irish call centre, do keep pushing that the 'item' was not sent to your default address that is stated in the money back guarantee.   JJ
    • LEGAL : N180 Directions Questionnaire (Small Claims Track) **Correct at Sept 2016** - Legal - Consumer Action Group   fill out 3 copies 1 wit you no to mediation  the rest is obv. on the copy to BW omit phone/email/sig.   you are quite correct to not answer calls and block their nymber never talk to the fleecers or their dogs by phone/email/text ever!
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Currys PC WORLD & Knowhow Whatever Happens


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They may offer to settle if mediation is an option...shows no weakness on your part as the claimant and the courts expect all parties to participate and can have an adverse effect on your costs if you are not willing to be amicable ?

 

With regards to your response to their defence you can submit a response with your DQ.....but I would suggest against this as you only give them further information on which your claim relies upon and information they will then be armed with if the claim proceeds and both parties submit their particularised statements.

 

Dont show all your hand at this stage and save the detail for further into the process.

 

 

Andy

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Hi @Andyorch,

 

 

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?)

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?)

 

 

Regards

 

 

Vicky R

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Hi @Andyorch,

 

 

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?) It is small claims anyway if below 10K

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?) You submit a witness statement further in the process if they wish to proceed which particularises your defence .

 

 

Regards

 

 

Vicky R

 

Andy

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Well if you state no...as advised you remove the opportunity of settlement out of court and further costs to yourself...which can be reduced if you have shown not to be amicable.

 

I cant recall why Iceman was advised otherwise...dont think it was my advice.?

 

 

Andy

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Hi @Andyorch,

 

 

Thanks for the advise, will take your advise and definitely say YES for Mediation.

 

 

It was @Bankfodder who advised @icemen to reject mediation. I can understand all cases are different and that may be the reason.

 

 

Regards

 

 

Vicky R

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  • 5 months later...

Hi Cags....

 

Sorry for the delay in updating this thread... Had really busy few months due to the newly added member in the family (my Daughter) and workload.

 

Now the time to submit my documents in court by 16/05/19 and hearing date is 13/06/19.

 

Can anyone please advise what should be the title of my documents replying for Currys defence and how I should I end. I will upload once I have completed my documents for you all to read and advise any amendments.

 

Kind regards

Vicky R

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Search Witness Statement (Top Right near your Log in)

 

Get a feel of how it should be laid out format and style.

 

Andy

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

 

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Good evening fellow caggers,

 

Finally, I have prepared a dummy copy of the witness statement. I know it is a bit long and lots of grammar mistakes. 

Can someone please read and advise what need to be corrected or if this is not good at all.

The judge allocated 2 hours for hearing.

 

Kind regards

 

V RReply to defence from Currys CAG copy.doc

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