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back to my summary judgment issue, i am about to draft a better witness statement to object , with evidence, solicitor when i asked advice says put all evidence with witness statement, and submit also an amended defence as an exhibit, -hopefully claimant will back off and withdraw application- (so should i send my witness st now, instead of waiting until 7 days before ?) but they could legitimately argue that their costs to date should be paid on the application was justified given the defence did not set out a proper legal defence? the defence (not done my me which is why it is crap) is just 4 lines : 1)i contest the validity of the personal guarantee the claimant seeks to rely on They say this is to vague to constitute a defence They say guarantee is included in loan agreement, and 'on the face of it' correctly executed no other complaint has been made (ive written several letters complaining and can evidence) a) the loan agreement is only signed for and on behalf of ltd company- i can point this out) b)i have an email from them of the offer of terms, listing amoungst things required a deed of guarantee and indemnty, they havent provided me with one, as none was ever done , but clear evidence that the required guarantee would be in this deed not in any loan agreement . there werent justifed to bring this application for summary as they knew a DOGI is the guarantee as they wrote the email that DOGI was required from us. 2)i have made several submissions to the claimant to request my account information, in a view to obtain clarity on the above issue. To date the claimant has failed to provide a copy of their personal guarantee which they seek to rely on. they say there is no personal guarantee document- as per email they wrote there is supposed to be a DOGI- the personal guarantee they rely on is in the loan agreement- its only signed by company they say they provided all documents in letter dated 2 july - they didnt , no DOGI supplied this is no purported defence a)i can clearly demonstrate DOGI asked for by letters b)i can show loan agreement signed on behalf of company c)its not a defence, but its evidence my defence is embarressed because they failed to respinf to preaction protocol document requests and letter requests for this DOGI, how can i write a defence without seeing the document, they know should exist. 3)There are material concerns in respect of the intial loan agreement and they way this was handled by the claimant, its my intentions to raise this with court so i am fully aware of legal remedies available to me. they say unparticularised and vague to constitute any ground of defence at law. as such the claimant cannot know what it faces at trail the defence is embarressed and cannot stand a)yes vague , but they havent provided a DOGI , we havent reached witness st stage , which is where we explain why and with what evidence, we as defendants are not supposed to form legal opinion, before or during witness statement stage, thats all for skeletal arguement and court. they back dated deed of debenture they havent done a DOGI, or cant provide both conditions precedent of the loan and its execution they let my wife remove secured charge over company- evidence written and phonecall, without my consent materially changing any level of risk for alleged guarantor let my wife organise payment plan, without my consent signed off on revision memorandum. 4)dropping this point anyways so what im asking how can i write witness statement with above evidence, witout them being awarded costs for bringing application due to the bad defence? they know a DOGI required, so when i say i contest validity of personal guarantee, its true, just brief they say guarantee on "face of it" correctly executed. they know its only signed by limited company they know complaints have been made, they are aware of what we required and why we said it wasnt valid. they know there is a personal guarantee document outside loan agreement- email proves it, they havent supplied it etc etc ..... -
By Masterchij · Posted
Hi, I would like some help please. I have received a LBC from UKCPS for Non stopping event in July 2020. They have given me 30 days to reply before taking up court action. I was wondering if anyone has been in this situation and whether I should reply, or just wait to recieve the Court notice. If I am to reply can you please provide a template or guide on what points to make in my reply. Just a little background, I replied to the initial PCN stating that I disputed there claim it and wouldn't provide driver details. I also requested proof of any such claims including the grace periods allowed in their policy. To this they replied saying my appeal was rejected (even though the letter sent wasn't an appeal, but a dispute of claims), they also attached pictured of the car parked and the driver leaving the car, though they did not specify period parked for, or indeed put up any pictures of signage on site or near the vehicle. Since then I have received at least 10 reminders, which included debt recovery letters most likely from a made up company, and this LBC is now from most likely another made up solicitor firm called CST LAW. Any advise appreciated -
By BankFodder · Posted
It suddenly occurs to me, that you should send Hermes an email and ask them for the crime report number and a copy of the crime report. I'll bet you there isn't one. Make the request – we can store that up as part of your case later on. Hermes are really stupid -
so its not the only one.. as both have the wrong date will be useful later in your ws then. -
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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 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-
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@curryspcworld @TeamKnowhowUK refused to honour purchase
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