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    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
    • Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
    • Okay ..before you can sue them you need to look and comply with  pre action protocol before proceeding with litigation. This will involve sending them a Letter before claim laying out your grievance and what you require as a refund and set them a deadline to which you expect a response and a last chance to settle this matter.    Have a read of the following.   https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
    • January 2020 - Paid a deposit of £1K and signed contract for wedding which was scheduled to be July 2020 March 2020 - They asked me to pay another £2K despite me emailing them my concern about the wedding not going ahead but they threatened me that I would be in breach of their contract. So I had to pay.  May 2020 we received an email from them telling us we can either rebook or face cancellation charges as per contract - these are 50% of total venue hire if cancelled within 9 months or 95% of total venue hire if cancelled within 6 months. the total venue hire cost was £6700. Under pressure, I chose to rebook because I did not want to lose 95% and they did not give me an option of a refund. They gave me very specific restrictions in which I could rebook the new date e.g in peak season between April 2021 to October 2021 and only on a sunday. Additionally they increased the price to book for the year 2021 by £200 bringing the total cost to £6900 June 2020 they send me a variation agreement for the change of date which they forced me to sign otherwise I would lose the new date I had agreed which was July 2021.  November 2020 I sent an email that I should be offered a refund as opposed to reschedule. They declined and I sent a solicitor letter giving them 7 days to return the money. They then responded with another solicitor letter refusing and told me that I owe them another 2k as part of the next instalment otherwise I would be in breach of their contract I wrote back to the solicitor that I was seeking legal advice but I have made it clear that I can no longer go ahead with wedding and do not owe further payments.  I should add that when I stated that my contract was frustrated they told me I only made a room hire and this does not include number of guests despite it stating on their contract "up to 500 guests". I wanted to claim back the 3K that I have given them and I am also afraid they will ask for more money as they will claim I am in breach of their contract. 
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

International Debt Collectors! (Credit Limits International LTD) Court Claim received


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smart cookie that judge...CLI you've been rumbled!!

 

i can see a discontinuance coming here.

 

dx

 

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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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smart cookie that judge...CLI you've been rumbled!!   i can see a discontinuance coming here.   dx  

which actually means..please pay us something as our kite is quickly falling out the sky as there is no wind blowing in this case and we will have to discontinue it to save more of our money by trying

Hi Ginni,   Glad to see you started the thread and have useful input.   If no contract signed between you and the potential employer, they and CLI have little or no chance of pursu

On 13/09/2020 at 13:06, Ginni1062 said:

Yes CLI are definitely the claimant on the claim form.

oh yea..

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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they must have they are the claimant

 

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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Companies should stick to what they know about and not stray too far.  Odd company CLI ?

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  • 3 weeks later...

Hi guys,

 

As the judge requested CLI should submit further evidence before the 2nd December or it shall stand struck, CLI have just sent me a PARCEL with all the same evidence they have been sending me previously!

 

The judge requested the a copy of the original contract on which the claim is based bearing the signatures or consent of the parties intending to be bound by it. AGAIN CLI had exhibited with a copy of the contract for the Migration Agents fees which we all signed stating that the Sponser is 100% responsible for the invoice (Sponser being DONGARA MARINE). This is not a contract between me and Dongara Marine, this is the invoice from the migration agent and this invoice is in the agents company letter head. So hopefully the court will get this?

 

CLI have sent the deed of assignment which they have.

 

CLI have sent a copy of the notice of assignment

 

CLI have sent the default notice. ( This is a copy of the final notice before court proceedings)

 

CLI have exhibited a copy of the certified statement which is a letter with the balance due with DONGARA MARINE bank details on. This amount is £9426.41 dated 09/06/20 and is a different amount to the deed of assignment which is £8872.88 dated 21/07/20.

 

Hope the court see right through CLI as I don't think they fully understand the process between me and Dongara Marine as there isn't a contract between me and Dongara Marine hence me being here fighting this case.

 

 

 

 

 

 

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Have they drafted a witness statement  along with the disclosures ?

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I think so, the first part says 'STATEMENT OF ...... (the person from CLI)' that the says WILL SAY as follows: followed by everything he has exhibited.

 

In his statement the also says if I would of contacted him (CLI) that he would of dealt with this on an amicable basis.

 

He also states that he finds it difficult to believe that the defendant never received any correspondence prior to issuing proceedings. ( Did I need to as in my eyes I haven't done anything wrong?)

 

Finally he states that he (CLI) is more than willing to enter into amicable conversations with the defendant to try to resolve this matter outside of the court and so am happy for the court to pause proceedings for a month to allow discussions to take place if the defendant is willing to do so.

 

Then it follows with a signed sheet which he hasn't signed which says I believe that the facts stated in this witness statement are true.

 

Signed..... (He hasn't signed)

 

Dated ........ 2020 (no date either)

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Could you scan redact and upload a copy of the statement please Ginni.

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Dear oh dear what a shambles of a statement.......

 

So at point 3 exhibit AJB1....is it a signed copy ?

 

PS I have hidden your upload as its unredacted.

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Oh S**t, sorry I forgot.

 

Really? Is it that bad?

 

Exhibit AJB1 is signed by me and the immigration agent as it was an invoice for the visa fees for the company A&M Australian Migration. (This was the agent we used for the visa, so it's not a contract between me and Dongara Marine).The agent asked me and Dongara to sign it with who was paying him. This was signed with the statement saying that the Sponser is 100% responsible for the invoice (Sponser on the invoice is Dongara).

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Have we already got a copy of this AJB1 on the thread ?  if not please scan redact and upload a copy.

 

Along with the following if not already uploaded.

 

CLI have sent the deed of assignment which they have.

 

CLI have sent a copy of the notice of assignment

 

CLI have sent the default notice. ( This is a copy of the final notice before court proceedings)

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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

 

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Copy of Contract - Exhibit AJB1 (even though this is on A&M Australian Migration letter head paper as it's not a contract between me and Dongara

 

 

Deed of Assignment - Exhibit AJB2

 

 

Notice of Assignment - Exhibit AJB3

 

 

Default Notice - Exhibit AJB4

 

@Andyorch I have reattached all saves going through the forum trying to dig them out again. I have compressed them all so if quality isn't as good just give me a shout.

docs1.pdf

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you appear to have uploaded the deed of assignment twice

 

and no NOA 

 

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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AJB4 is not a default notice.....its a LBA. There cant be a default notice anyway in this type of debt.

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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On 29/10/2020 at 13:54, Andyorch said:

 

Yes...once DQs are submitted the claim is allocated to track and transferred to your local county court...you will shortly receive  Notice of Allocation (N157) which will contain the courts directions on what steps each party must take by date before the hearing.This will involve paying the hearing fee (Claimant) and both parties submitting witness statements and evidence (documents) on which they wish to rely upon.

 

Andy

 

 

RE allocation see my previous post above.

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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

 

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n157 as explained.

 

dx

  • Like 1

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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  • 2 weeks later...

Still at mid process Allocation.

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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