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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
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      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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Order to attend court for questioning help please


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This evening, somebody attended my home and gave me a court order from Bradford County Court for an 'Order to attend court for questioning.

 

A judge sitting in the County Court orders that

 

1: Myself T/a 'trading name' the judgement debtor attend at the County Court at Bradford, Civil and Family Centre, <address here> on <date here> before a court officer at <time here> to provide information about the judgement debtor's means and any other information needed to enforce the judgement or order.

 

2: The judgement debtor at the time and place produce at court all documents in the judgement debtor's control which relate to the judgement debtors means of paying the amount due under the judgement or order and which relate to those matters mentioned in paragraph 1.

 

3: The judgement debtor at the time and place answer on oath, all the questions which the court asks and which the court allows the judgement creditor to ask.

 

4: The court where the questioning is to take place may make an order for payment of the costs of the application and the hearing.

 

The amount owing is between £7,000 and £8,000, from a creditor when I ran my sole trader business, since then, In have ceased trading as I have become to ill and now receive enhanced rate PIP due to severe disablement.  I have no money and rely on unemployment benefits and disability benefits.

 

My questions of help are realy as follows.

 

What are the court and/or the creditor allowed to ask me? I know it will be financially themed, ie what my income, outgoings and savings are, but what else are they allowed to ask, what am I required to answer etc etc.

 

What are my rights as a judgement debtor attending an order to attend court for questioning?

 

I know if I do not attend I may receive a committal sentance and ultimatel lead to contemt of court/prison time etc etc, so I will be attending.

 

So am I required to take bank statements, I can and will if needed, no money to hide?

 

Thanks in advance, if anyone has a guide to those in my situation or can answer my questions I would be greatful beyond words.

 

regards,

thepalace1

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mores the question.

 

why have you ignore everything to date to let it get his far.?

 

 

dx

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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I haven't, a high court officer visited twice, and on both occasions I told him I was disabled, vulnerable and on benefits, he asked me to email proofs to his office, 

 

I did with the details, only they seem not to have received them now, even though they replied to the email thanking me for sending through my proofs of disability and benefits.

 

As for the original court claim, I was in hospital when the claim was going through court and an order was made in default, no reason to apply for set aside as I owe the money, I just am not in a position to repay it.

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Best idea is reply to the court 

I will assume this was a default judgement through northants bulk and because the sum was above £5k the claimant swiched courts to use HCEO.

 

you say it was a sole trade debt? Did you sign a pers guarantee??

who's the claimant?? Not a dca i hope?

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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Thanks for your reply,

 

It was originally not contested, so they won by default, not sure where, Northampton????

 

It was a sole trader, and yes the account I had with a supplier was in personal name t/a, the debt is a company, a garden machinery machine supplier, no dca, they went to couort directly through their solicitors and instructed High Court Bailiffs when they won.

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well HCEO can't do anything - for want of a different word just ignore them in all essence.

theres no right of forced entry on consumer credit debt.

 

on the court order

Nothing to worry about. Quite formal, clerk with black gown, swear an oath and answer standard questions.

 

might be useful to read:

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Order to attend court for questioning. &oq=Order to attend court for questioning. &gs_l=partner-generic.12...188676.188676.0.190816.1.1.0.0.0.0.163.163.0j1.1.0.gsnos%2Cn%3D13...0.0...2.34.partner-generic..1.0.0.5j0e_gErxTc

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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