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CPR31.14 A response has come back from solicitors via email. Along with a number of attachments. Which I now need to download and print off. Should I insist that they provide certified hard copies? I did not supply my email address on the CPR request. Are the Courts not obliged to hold my data securely? They are the only ones to be given it via MCOL Thanks stephen XL
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I thought this case had gone away after posting my defence and hearing nothing back. Yesterday I received a 'Notice of proposed allocation to the small claims track' It tells me This is now a defended claim. The defendant has filed a defence but there is no copy enclosed I have the option if i believe the small claims track to be inappropriate to explain why It also offers me the opportunity to enter into mediation or settlement. What do you advise? Many Thanksparking small claims.jpg.pdf parking small claims.jpg.pdf
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So currently no actual risk then, if it's a phone appointment. Kind of pointless raising the topic, as no real change, other then having to start to fufill your requirements. Commitments and normal "actively seeking employment" appointments will return as restrictions are removed, it may not be what you want to do, but you will need to attend your meetings, be that via telephone, video call or face to face or you may be sanctioned at a later date or facehaving your claim closed, depending on what benefit(s) you currently claim. Many members of staff are also in the CEV and CV catagories, with quite a few having received shielding letters, who may not want to see customers face to face for the exact same reasons, however they are contractually obligated to do so or will face the exact same risk as you, being they get sacked. What do you propose, we just leave it as it is and do nothing to get the country back on it's feet? Those claiming Universal Credit as part of the pandemic have had to have appointments through out their claim and Legacy customers are currently being sent letters to attend appointments and create new commitments.
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I sent what I thought was an IA before I realised that it was an official court document. That is to say I requested the documents but did not lodge it so I ballsed up big time on that one
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By BankFodder · Posted
No it's completely new to us. I have no idea what's going on but I'm afraid that I shall still be very surprised if you get either your car all of your money back. The only good thing is that he has lowered the amount of money to below the small claim threshold and although you would incur some very limited costs and your chances of a judgement are not good, you could now begin a County Court claim if you wanted without a huge amount of risk. It's up to you if you want. We can help you. I'm afraid that your outlay would probably be about £350 or so which you would get back if you could enforce the judgement. You could also apply a percent statutory interest to this figure. However you'd have to be aware that there is a high chance that although you would get judgement, you might find it difficult to enforce
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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
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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. -
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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!
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BankFodder, -
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***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
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BankFodder, -
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