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    • So, on the 1st May (Saturday) I received a 'Notice of Proposed Allocation to the Small Claims Track'.   It states:   TAKE NOTICE THAT   1.  This is now a defended claim.       The defendant has filed a defence, a copy of which is enclosed.   2. It appears that this case is suitable for allocation to the small claims track.      If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire           (Form N180) and explain why.   3. You must by 10 May 2021 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.   Unfortunately, as I have been working away, this is the first opportunity I have had to deal with it.   I would be grateful for some assistance with my N180.   1. Can I file my N180 online? 2. Are the responses fairly standard for most cases or will they vary depending on the circumstances.     For example what should be my response for      A1 Do you agree to this case being referred to the Small Claims Mediation Service? 3. If they are standard can I follow the below that I found on another thread:         Yes to mediation No if its statute barred or a parking claim. Yes to Small Claims Track State your local County Court  1 witness = yourself      Or if they are not standard, could anyone please advise on how to respond.   4. I saw another thread but was slightly confused as it seemed a little ambiguous.      Am I correct in thinking that I give contact information on the court copy and sign it but do not give any contact info or sign the copy to the             claimant's solicitors? Could some one please clarify?   Many thanks in advance.      
    • most probably because until this point, no human had ever been involved (the process to date would have been automated with just an office junior putting 'things' in envelopes at a minimum wage) .   someone now has actually looked at the timings, they realised they would have a very hard time in court being as there is a minimum 10 mins grace period with no stated maximum.   it's telling to note this last few days that we have seen CEL runaway from demanding payment on numerous speculative invoices, even several at the court stage. something is a foot that we don't yet know regarding CEL and the authorities.   dx      
    • @dx100uk so the saga continues......  I complained directly  to PRA over one of my accounts (Barclays) as I had previously requested for CCA; they had originally deemed the debt unenforceable due to them being unable to provide ALL the relevant documentation within 12 days.    On their response to the original complaint; they confirmed that they stated that the Barclays debt is now actually enforceable as I have now received all the relevant documentation!  I wrote a response stating why there was a contradiction and the debt should remain unenforceable as they originally stated.   Their response is also attached!   Where do I now stand? although they have stated in the letter they have no intention of enforcing the debt; I am concerned they can change their mind at any time. The documentation I received was  all copies of the documents and not originals; does this make a difference?.     I have not paid any monies to them for all the 3 accounts I requested CCA since Feb 21 - they have classed the other two an unenforceable, I cannot understand why this one is different?   Hope this makes sense!! PRA Complaint Response.pdf Customer relations Response.pdf
    • Well. I don't think anyone expected this.   I was gearing up for months and months of appeals and a court hearing.....!!   My appeal direct to the company was successful.  I stated that the driver arrived,  realised a valuable item had been lost,  searched the vehicle,  and left.  Asked for CCTV imagery to be released to prove that the driver didn't park.  And sent a screenshot of a post on a local forum giving the same time and date and description of the lost item.    I complained to Morrisons who said not their car park,  nothing to do with them,  and refused to take any action.    Was in the process of filling out the DVLA V888 form to get info on what company had requested keeper info (two emails finally got them to point me to the form).   See attached cancellation letter.  It appears there may be an occasional actual human working at these places.  Who knew?!!   Thanks everyone for your advice and support.  Scan 06 May 2021.pdf
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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Police Powers: Health & Protection


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Police Powers: Health & Protection


Many of us have been hearing mixed messages about the new Public Health Regulations. What exactly is a ‘reasonable excuse’ to leave your home?

 

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