Announcements
- Twitter - Include the @company's twitter name in your post title – here's why…
- Have we helped you – would you like to make a donation to us?
- Google call recording app
- Car dealer who sold death traps and forged court papers
- Are you going to pay your builder or your second-hand car dealer in cash or with a bank transfer?
-
-
Tweets
-
Posts
-
Generally regarding the default judgement....lets clear up a few things. that does not matter at all..'they' the fleecers, do NOT send the claimform. the fact the OP returned 'whatever' letter(s) from the fleecers makes no odds whatsoever to why nor can have any bearing upon, the sending or not of a claimform by northants bulk to the advised address. the claimant or their acting solicitors make a request to northants bulk court to issue the claim. telling someone that you don't live there does not allow the court to dispense with issuing one, no matter what the claimant says. it must happen. now how do we deal with this one... the OP has confirmed northants bulk sent the initial claimform to the correct address, where it went is now not the problem. the problem is as LFI correctly pointed out is a time limit now applies to what you do ..28 cal days+5 for service , so call it 30...the options are: i. pay £257 within that timescale and it has zero effects going forward. this is the only way to ensure it is totally closed and erased. ii. let that time expire and live with the multitude of other issues it will have, as well as possible enforcement, bailiffs are explained above, there are also others enforcement options, but we've never seen them used in a Speculative invoice judgement to date. iii. set aside - cost £255 - no guarantee of success. more on set aside.... there typically 2 criteria that need to be met to raise a set aside 1. a beyond reasonable doubt cause that explains why the defendant did not physically get the claimform i'e the claimant sent it to an old address when the correct address was already notified in writing prior to it's issuance or an admin error by the court etc etc. ignorance, by the defendant in doing the above if moved or of the actual form is ...not such. 2. a basic defence as to why the defendant does not owe the sum explained by the claimforms particulars of claim. as it stands... 1, we are already sadly on dodgy ground..we don't know, neither will the judge, where it's gone, it's service address has proved correct, it's not what happened agreed..but for all the judge would know .. the defendant could have simply ignored it. a big hurdle without answer....wheres that claimform?.. 2. a basic defence, there is probably more worth in arguing the claimed sum contains for want of a differing term 'unicorn food tax' sums which are not allowed, thus the claimed sum is wrong... than going down the route of ...the invoice was issued in an area that is governed by xxxx, in that i mean, byelaws, road traffic laws etc etc..those are all 'paperwork' issues and are somewhat trumped by the default judgement, much like no signed credit agreement exists, in consumer debt default judgements. my musings the choice is the op's...the deadline is 28th....
-
Thank you for the replies all. Yes March 2020, apologies for that error. I can take it or leave it with the membership, plenty of other spots around. If it means burning bridges to get what is owed, then so be it. However, also happy to pay for membership when I have used it. I have stated this in an e-mail to their management. Fair's fair, however their refusal to refund OR transfer over extra payments from one franchise to another is not. Particularly as they operate as one fitness group, with a centralised payment system, website, same branding, and the ability to access any site, worldwide!
-
No apology necessary If you had to work from home at all due to Covid, you can claim the extra tax allowance. Follow the link posted above in post #2 and it takes you through the process. Please update to let us know if you get your tax code updated for this.
-
Smaller and more powerful lenses promise to bring even better smartphone cameras. View the full article
-
Hi LX and welcome to CAG Please confirm, have you signed anything before or after the relationship break-up confirming agreement to any DL m/ship terms ? Forget calling them about this and, if they call you, just say, "I'll deal with this in writing only." and hang up. You don't need to discuss this with them and doing so will get you nowhere. We also don't agree with their need for 3 month's notice and always tell folk to challenge this. But in your case, this is irrelevant. We can help you with a letter in due course.
-
-
Recommended Topics
-
Our picks
-
Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
-
-
Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
-
Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
-
***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003- 1 reply
Picked By
BankFodder,
-
-
Recommended Topics
-
Recommended Topics
style="text-align: center;">
Thread Locked
because no one has posted on it for the last 791 days.
If you need to add something to this thread then
Please click the "Report " link
at the bottom of one of the posts.
If you want to post a new story then
Please
Start your own new thread
That way you will attract more attention to your story and get more visitors and more help
Thanks
-
Recently Browsing 0 Caggers
No registered users viewing this page.
-
Have we helped you ...?
Recommended Posts