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    • To add to the weight of evidence this is fraud, do you have (or can you get) proof of what the cost of the Special Delivery was?. If they paid for the weight of an envelope containing a piece of paper, they won't have paid for the cost of sending a laptop (given it is much heavier) ...... You should also contact ActionFraud.
    • @dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead.   As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.    
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    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
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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
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Southern Water/ Shulmans claimform - water and sewerage charges ...


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So by now then would we be expected to be in possession of all matters listed in the CPR31.14 request?

 

Gonna need some help with "skeleton argument".

What should we include?

How to craft it?

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.

Yes edit to suit...( adapt 2 & 5) and yes email will suffice for defendant 2.

they have 28 days to 'something' if they dont the case gets autostayed   the court should write and inform you about this and ack the defence has been received.   now time to

as said the CPR 31:14 is simply a request, they can ignore it.

however, they nor you have complied with the orders of the court on 13th june.

 

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 hear what you say.

 

What does Theresa need to do, and pull together as a basis for the skeleton arguement?

Proof of mental health assessment from her GP?

Reference that part of the alleged debt is now statute barred?

Lack of requested information from SW&S?

 

scmreferrals@justice. sent her an email 11th March 2020 offering mediation "A telephone mediation session of up to one hour is available to you on 01/04/2020 between 11.45 and 17.30."

THEN:

Another email from scmferrals was then sent within 2minutes withdrawing this offer of mediation.

 

Aside from the above. Would an SAR be of any use?

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Probably because the claimant refused mediation

Means nothing

 

An SA is a simple brief statement stating obvious facts of the case as the defendant now sees it taking into account their defence and if anything has actually moved forward since filing it.

 

As far i can see, the claimant has failed to serve any proof of debt, namely bills,etc etc

 

Pers health issues are not typically relevant.

But in this case its worth a mention??

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 will do my best to get something of an outline SA cobbled together (with Theresa's permission).

 

I'll post it on here as a PDF.

 

Perhaps have some feedback?

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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Sure

Type in skeleton argument in our search

lots here for ideas

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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  • 1 month later...

Quick question?

This is very late stage I'll agree. However, is there any way we can adjourn until a later date?

 

Telephone hearing scheduled for Wednesday 25th: 3.30pm (case reallocated to another court too)

 

Since last time, along with having had to isolate, illnesses, possibly covid linked. For both myself and ex.

Things are behind with skeleton arguments.

 

Nothing has been forthcoming either, from SWS.

 

Except: Two letters sent to both of us at the original claim address, from SWS Dated 4th November 2020, demanding payment of a sum which includes the years that are statute barred, along with the usual arm twisting. I shall upload a redacted copy of the letter sent to me.

( This is not acceptable to me, considering the consent order removing me from this case dated 14th August 2020) It  offers no re-assurance for me against getting a blot on my credit score.

 

This is very indicative of how this organisation works.

 

There have in the past been repayment plans discussed and agreed both in person and by phone, plans whereby agreed amounts paid would be matched by the Water Company too.

 

Paypoint payment cards agreed but never forthcoming.

Whenever an arrangement has been made, it is/has always been followed up with letters from SWS or their agents demanding full payment.

 

Several times my ex calls to ask when the Paypoint Card might arrive?

SWS response has been unhelpful excuse being they can't find anything on record to raise a Payment Card.

Like wise, when asking for confirmation of agreed repayment plans the same routine takes over, heavy handed demands.

 

One thing I think thats needed,  is to apply for SAR's from SWS, UK Search and any others that had a stake in this case.

 

Any help or advice would be greatly appreciated

 

Thanks

 

stephenXL

 

 

 

 

2020-11-04 S-water Note Before Default.pdf

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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if anyone picks this up.

The appointed Telephone called at 3.25pm on the due date. Connected  both parties together, then spent another hour trying to connect with the Court/Judge to no avail.

 

Waiting for another date to be set from the county court.

 

Thanks

 

stephenXL

Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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