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thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect. so i asked court can i have copy of PR1 so i can check, they just got back and said claimant has never either in electronic database or in paper, served a bundle PR1 with the application, there said it was claimants job to serve everyone and me- so ask them i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them ! in theory judge will get to hearing and go where is your evidence of this agreement? and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
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By altosbestos · Posted
You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage. I would recommend you do it today, start maintaining a paper trail. -
By lookinforinfo · Posted
Obviously the real proof will come when the contract is revealed. In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign. Is this legal and explain that you are in the middle of a Court case and they may be called. -
dear simple simon. with ref claim xxxxxx on xxxx date you sent me proof of the signs at the time of you issuing the parking charge notices listed in your particulars of claim of the above court claim these signs are not in the name of the claimant stated on the claimform ref above.... should you wish to continue with the said claim , i give notice this file will form part of my evidence should you wish to proceed and waste court time. just musing
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Applications for Summary Judgment are not awarded on who did or didn't do what......they cant get a default judgment on either as you have submitted a defence...they could get Summary Judgment. Summary judgment is only awarded in the follow circumstances... · A claim or issue or a defence to a claim or issue has no real prospect of success and · There is no other compelling reason for a trial. (CPR 24.2) Summary judgment a Quick guide.docx
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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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