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    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
    • you are not being consistent here....   when did you last reply to any of them using email please
    • No, they contacted me in April 2020 not long after covid had hit the UK, but before any government support was announced.   They knew I was self-employed so I responded how I thought it was disgusting that they were threatening people with legal action at a time when many people like me were loosing their income and struggling to pay basic bills and buy food.    Looking back at it the only difference this time is the Letter Before Action, to ramp up the pressure to agree to payments, I assume.
    • Brands are starting to embrace social media influencers with disabilities to target the "purple pound". View the full article
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Ex Husband - Childcare issues


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Hi All

 

not sure if you can even help me, but I will give it a go

 

I split from my ex husband 4 years ago.  I bought his share of the house. and he was paid handsomely for it.

 

  he was having his children once a week (then 11 / 12) and since then the arrangements have moved around, and he is far from reliable- he says he 'gave me a house' to look after his kids...... he gave me nothing - he wanted off the mortgage and he was paid out...'

 

there has been refusal on his part to attend mediation, in fact he is aggressive towards me now as he was then.  he has been arrested in the summer of last year as he drove his vehicle at me.  so a very fraught situation.

cutting a long story short, he was informed by the police and his own solicitor to have no contact with me.  I have told him to leave me alone. he constantly throws grenades into my life, and makes trouble between me and my partner and upsets the children (15/16). 

 

so he has now changed his mind again about contact, and wants to see LESS of his children.     I had said NO, they need to maintain structure and need their dad and vice versa.  I'm getting abusive voicemails from him, so I have turned it off.

 

hes now taken to getting his solicitor to write to me regarding seeing his children LESS.  Of course the correct place o discuss child contact is Mediation, but hes refusing because I had him arrested last year.  (yawn yawn).

 

the thing is that the solicitor keeps writing.  telling me I have 7 days to reply or else.....

 

I work with a lady who is a magistrate, who has told me that he wouldn't get near a court with this, and that if he did he'd be the laughing stock of the UK

 

I want t know what I can do to stop him writing to me via third parties?  its upsetting me and making it very difficult to hold down my job

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I'm sure it must be very upsetting. I bit surprised that he seems to be taking action to see less of his children rather than more of his children. I don't really have any experience but I would have always thought that the issue would have been that one partner all the other was being deprived of access to the children – but you seem to be suggesting that it's the other way around.

I can't imagine that there is some kind of order or legal obligation on him to see his children more. I don't believe that the law makes those kinds of orders. The law issues prohibitions – negative injunctions if you like but it's very rare for the law to issue positive injunctions and especially in this kind of situation.

This all sounds a bit like harassment to me but I don't think we have a lot of experience of that kind of thing on this forum. Have you looked at this https://www.legislation.gov.uk/ukpga/1997/40/contents the protection from harassment act 1997? Does your situation fit into any of the circumstances envisaged by any of the provisions of that legislation?

Also it almost sounds like a species of domestic abuse. At the very least I think that you could reach out to this Twitter account https://twitter.com/A_Gentle_Woman and the followers of the account and I think that you will probably get a lot of useful support there.

Maybe somebody else will come along with some more practical advice than I can give

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