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How do I transfer my post to the correct topic I think I posted this wrongly and am not in the right section Sorry about this -
Hi everyone, Recently I did a financial statement for the CAB and it turns out that I have been overpaying my rent by £48 per month for at least 5 years. I am on Housing benefit and have been paying £100 per month to cover the short fall in the benefit payment. I contacted my letting agent querying this and was told that my account is showing that I am just current in the amount I owe, not showing a credit balance as my calculations seem to show. My rent is £700 per calendar month or £8400 per year Housing benefit £594.08 x13 - 4 weekly payment £7723.04 per year My top up £100 x12 calendar month £1200 per year £523.04 over payment per year I think the maths is correct and I think this situation arose because a one point we were in rent arrears of about £1000 and agreed to clear the arrears by paying £100 a month rather than the £52 needed to cover the HB shortfall. We have continued to pay the £100 per month since that date. My question is how do I go about getting a break down of all payments to my agent and what to do if they refuse to cooperate. Thanks in advance Gary44
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What do i need to do? -
All further indications that Johnsons' 'guvernment has no intentions of dealing fairly. Bet Gove was arguing against a less blatant lie and cheat stance that trashes the Uk's international standing. I'm waiting for other nations to do the same with the deals the UK has struck with them once its in their interests: Following your example, we have unilaterally amended our agreement Boris. We will now send you the bent bananas you desired for twice the price of straight ones. Chew on that - as long as you pay in advance. -
By The Scourge of Ryanair · Posted
Did you submit any kind of response to their defence submission? You are perfectly within your rights to do so and can use it to elaborate on the facts and present the legal arguments behind your case. Just write it in the same template as their defence and send it to them and the court. Ensure that they acknowledge receipt as it will become evidence. It also gives you the chance to unpick their defence, apply for parts to be discounted where you can argue for such a move and make the case why their request for costs should be dismissed. Look up the legal definition of unreasonable conduct as that is the only reason for permitting defence costs in the small claims process. Then state why you have been reasonable and why they are unreasonable. This usually is because they never reply to emails, never listen, reject all requests through their own processes and leave you this process as the only available course of action.
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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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