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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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
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      • 33 replies

backdoor N-power CCJ - Set Aside granted - but now what?


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Hi All,

 

Need a bit of advice. I checked my credit file and found a CCJ had been registered by default against me for an outstanding debt to our previous gas supplier ( I shall call them M-Power for this discussion but you get the drift of who they are).

 

I contacted the court help line and was given the solicitors info who applied for judgment. I didn't receive any info about the ccj so I told them I was going to request a SET Aside of the cci as I wasn't aware.

 

The solicitors agreed to this set aside even though the debt wasn't paid but providing I entered into Tomlin order. Anyhow I received a court date about the set aside and I went along to say my bit. The solicitors didn't show and the judge agreed to my request.

 

Now this is where is gets a bit weird. The judge said that although he has granted the set aside he has to give the claimant 14 days to submit any amendment of claim? after which if they domino reply then that's that.

 

The court hearing was on 03/10/18 and on the 20/10/18 I receive a letter from the court advising that the judgment was set aside but the claimant has until 04/11/18 to submit any defence or amended claim.

 

surely the 14 days would start from the court hearing and not 17 days after?

 

Also today I received 2 letters, one from the solicitors advising that they have submitted the info to the court on 02/11/18 requesting an amendment to original claim and also costs. But on the same day I also received a letter from the courts advising that the CCJ is now completely set aside and that that's that?

 

Sorry for the long post but need to know where I stand.

 

Thanks

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yes but it resets the case to as if you've just received the claimform..

so await the Claimform and the amendments to the POC>

 

I will guess you left the debt and didn't inform n power of your change of address. [which you should never do on any consumer debt as you risk , as you have, a backdoor CCJ]

 

so did owe then upon leaving your previous address?

 

Thread title amended

Edited by Andyorch
Thread title amended

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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Hi, I still live at the same address.

I switched to a prepayment meter with them and was paying a bit each week.

The debt is owed

I disagree with the amounts as there are quite a few admin charges on the account and have never been told why even after requesting it a few times.

 

What my query is,

is that the judge gave 14 days on 3rd Oct for claimant to resubmit but then on a followup letter dated 20th oct he has given another 14 days?

 

Also the letter from the court dated 2nd Nov states that the CCJ has now been set aside and requested the registry to remove the ccj.

The same day I also get a copy of the claimants submitted amendment dated 2nd Nov

 

it appears that the court have sent out the final set aside letter before they received the info from the claimants solicitors.

 

I have had an email from the solicitors still asking me to enter into a Tomlin order even though the ccj reference they refer to is the one that has just been set aside?

Edited by dx100uk
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Do they offer anything by way of the Tomlin Order ?

 

To leave it set a side providing you agree to a payment arrangement ?

 

Or simply agreeing to set a side?

 

 

Andy

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They agreed to set aside the ccj providing I agreed to sign a Tomlin order. I hadn't received the Tomlin order before the court hearing and as they didn't turn up as to save costs the judge didn't like that and he agreed to my argument of not receiving the original court documents.

 

Now the ccj is set aside, do I still need to enter into a Tomlin order that they are asking for. As that ccj is now gone. just not sure if I just need to wait not until new court documents are served with the claimants application for a new ccj

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you were on a pre payment meter and the debt was being paid off ….

so you switched supplier.. some of the debt existed still..

but you never got any of the court paperwork nor the claimform until you saw the CCJ..and you hadn't moved?

 

see wht andy says but if there are fees there [not associated with them taking you to court] them i'd want those removed before agreeing to a tomlin?

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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Well forget the Tomlin Order if there is no offer to yourself...was you not told to submit a defence by any given date ?

 

" The court hearing was on 03/10/18 and on the 20/10/18 I receive a letter from the court advising that the judgment was set aside but the claimant has until 04/11/18 to submit any defence or amended claim."

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 The National Consumer Service

 

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

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