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    • which company are you dealing with?   they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee. your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills. after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.          
    • You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that. However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR    
    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Excel ANPR PCN Claimform - Brewery St car park, Chesterfield on 02.07. 2018


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No, they haven't covered themselves.  It was the driver of the car who entered into any contract with Excel.  It's got nothing to do with you.  You weren't even there!

 

So in your defence I'd add something like "I was not the driver of the vehicle and so could not enter into any contract with Excel". 

 

Also "The driver of the car effected complete payment of the parking fee".

 

The easiest way to see if the place is covered by bye-laws is to go back there if the place is local to you, or get someone who lives locally to do so.  There are normally signs up about bye-laws.

We could do with some help from you.

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  • 2 weeks later...
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you have till sunday week to AOS   can you not use the lost details link?   https://www.access.service.gov.uk/login/signin/creds   get the CPR off today! do MCOL lat

Sorry, there's just so much to read through and I can never seem to find stuff that's specifically relevant to me.   If it's any consolation, I now know what it's like to be on the other end

If you draft a WS along the lines suggested, include a photocopy of the ticket as Exhibit X related to point about they say you hadn't paid, then say well not displayed so breach of T & Cs, can't

they have abused the law by trying to add 2 different things togethjer as a single point whe they actualkly fail to create the conditions to create a contact by either of them alone.

so your simple defence is

1 the defendant was not the driver at the time and no keeper liability ahs been created under the POFA2012

2 the driver at the time paid the prescribed fee so there was no breach of contract and thus no cause of action against anyone.

 

The defendant requests that the claim be struck out by the court using its management powers under CPR 3.4

 

 

now the last bit probably wont happen but if the court clerks read this properly then the chances are Excel will be forced to show they do have proof of their claim or it will be booted out. Quite often all that happens is the paperwork is filed until later so if you dont hear anmything dont be surprised

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Thanks for that, appreciate it. I've not had chance yet to have a good read through those links etc, I've got another couple of weeks yet I think.

 

Should that be enough then, along with a brief explanation of what actually happened on the day?

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Just file the 4-line defence that EB has suggested.  Nothing more.  That's all that is needed at this stage.

 

If Excel are stupid enough to continue with the case, you will have time later on to expand on what happened at WS stage.

 

I think your deadline is 9 August, whatever you do don't miss it!

 

 

 

 

 

We could do with some help from you.

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didn't need too at this stage 

we hit them with that later so they waste more money on court fees...

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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15 hours ago, Slaughter64 said:

Surely it will help if I explain the ticket was purchased and I still have it etc? They don't know the details as yet.

No, thye are the ones whio have to prove their case so let them waste £100 of their money getting nowhere rather than you spend money on a stamp.

you can have them for breach of the GDPR later if you want becasue they have lied to the DVLA to get your keeper details and then  continued to process your data unfairly. You might have a claim for harassment as well but the bar is set quite high for that.

these parking co's back out of thousands of claims when thye are challenged and if everyone of those sued Simon would be out of business

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  • 2 weeks later...

Ok, I filed the short defence and have received a Notice of Proposed Allocation to the small claims track, along with a N180 Directions Questionnaire.

 

I presume this is standard procedure, but what do I put? Do I agree to the case being referred to Mediation? What about the questions referring to the 

potential court hearing etc?

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No to  mediation

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

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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so you've not been reading up here in the 'downtime' between stages?

plenty of pcn claimform threads here on with what to do.

 

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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Sorry, there's just so much to read through and I can never seem to find stuff that's specifically relevant to me.

 

If it's any consolation, I now know what it's like to be on the other end of inane and repetitive questions, from the forum that I frequent regularly, in my own field!

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Narrow your search 

 

Pcn claimform n180

 

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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  • 1 month later...

I just received a Notice of Trial date and a N157 Allocation to Hearing (early Jan).

Bit of a shock tbh, but I guess they may still pull out

and just pay the 25 quid.

All I've had from Excel in the meantime is an offer of reduced fine to £125.

 

I now have a few weeks (early Dec) to prepare my witness statement.

I'm presuming I am the witness in this case, even thought the wife was using the car at the time -

I've not told her this is ongoing as she would worry too much (and would have just paid the original fine).

Any help or guidance or things

I should include in the statement, I  would be extremely grateful.

 

I guess I'll know if they are taking this all the way if I receive a copy of their evidence in due course?

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witness statement time then

plenty here use our search.

 

you most certainly don't mention anything about your wife driving.

and ofcourse you having the ticket still will blow them out the water.

esp as their trade body has just stated in the new proposed guidelines 

such issues as yours would not result in a PCN

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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Play this right and you will have a nice claim under GDPR against Excel. the existence of the ticket and its scanned image as an exhibit will be a killer for Excel.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter

to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this,

so surely they'll throw it out once they know all the facts?

 

I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.

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fine?

 

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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3.At all material times the Defendant was the registered keeper and/or driver.

 

They are suing You as Keeper, saying who was driving at this point is counter productive.  Work up a WS and post it up as PDF then we can help fine tune it If Excel are suing the wrong person as if they knew she was driving at appeal they should have been suing her.  Or have I missed something here?

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The matter won't just "go away", and was never going to from the moment that you decided, quite rightly, to fight it.

 

You're being taken to court, and you need to prepare for that, in particular you need to prepare a Witness Statement.

 

Simon has a lot of previous of starting cases he knows he has no chance of winning, as a tactic to try to intimidate the motorist into paying, and then withdrawing the claim after WS stage.   This may well happen to you.  But even if you do end up in court, a civil court hearing is no more intimidating than a job interview.

 

Remember that Excel's case is total and utter pants.  You are quite clearly legally in the right.

 

No, you won't find a WS on CAG that perfectly fits your own case, but what you will find is parts of different WSs that you can use.  In particular

   - Excel have no locus standi (that bit should be easy)

   - no planning permission (again, easy)

   - no keeper liability

   - they suffered no loss and are suing over a triviality.

 

 

We could do with some help from you.

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I certainly mentioned in a letter to them that she was driving, but I'm the registered keeper anyway, that's what they're focussing on.

 

I really don't want to go to court, even if it is straightforward and easy, I could just do without wasting the best part of a day, not to mention the hours I'll have to spend putting the WS together.

I still don't see why not telling the Court the whole story at this stage will work against me.

 

I can see it from you guys' point of view - to make him go all the way, but you need to see it from mine.

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If you draft a WS along the lines suggested, include a photocopy of the ticket as Exhibit X related to point about they say you hadn't paid, then say well not displayed so breach of T & Cs, can't do that to you as keeper as POFA not met.  A robust WS might well make Simple cut and run, he won't want to be tolchocked by a DJ for his rubbish POC and potential abuse of process. If he cries off you can hit him for around £500 for flagrant breach of GDPR.

 

Its either WS and submit, or cough up his "generous" offer (NOT) of a reduced invoice. Or sit on hands and wait for the inevitable Default Judgment, and Simon walks away laughing.

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We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Brassnecked is spot on.

 

You don't seem to understand that courts run to a legal procedure, and there's nothing you, me or any of us can do about that.

 

Excel have decided to sue you.  You have chosen to defend the claim.  The next stage is that both parties have to prepare WSs.  That's how the courts work.

 

The court will give you every opportunity to state your case - in the WS and then later in person in court (if it gets that far).

 

You can of course decide not to prepare a WS.  In that case you will have nothing to rely on in court, the judge will only hear Excel's side and you will lose the case.  Sorry, but if you want to beat Excel you need to put some work in. 

 

 

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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It does say in the small print that I do not have to attend the hearing, and it will be heard in my absence (as long as they have notice), not sure if that is advised.

 

Best get writing that WS then...

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