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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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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
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Urban Pushchairs - Forced to pay for new broken pushchair wheel - AINEA INTERNATIONAL LIMITED


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Just to avoid confusion, my guess is that you would be issuing the claim on about 9 November

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  • 4 weeks later...

Good afternoon Bankfodder,

 

I had sent the letter of claim by recorded post, and it appears to have been redirected (for redelivery) to their local post office ready to be collected. I have had no reply as yet however, I am unsure as to whether I will be notified when it is collected (because it may already have been), or if the fact that it has reached its final postal destination counts as it being 'delivered'. Not sure as to what I should do next. I cannot make a person open their mail but I do know it arrived safely and a 'something for you' card would have been left.

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This is clearly a company or a person who doesn't want to be contacted.

You could go ahead and issue the claim because I think you've taken reasonable steps to bring the situation to the notice of whoever it is – but the problem is that if you issue the claim, that will cost you a few quid and although you may will get a default judgement, you may not be able to enforce the judgement.

Can you tell us something about any paperwork you received. Was there a receipt? Also, on your bank card statement, how does it identify the payee?

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In fact everything I have looked at, tells me that you have sent it to the right address. The trademark is registered to his sister's address which is a residential address – but I'm afraid that is not helpful in terms of issuing a claim against the company.

I suppose the only other thing you do is to send the letter of claim again but this time not recorded but put a return address on the back – simply a name and house number and postcode and then see what happens.
As I say, you could certainly issue the claim – but I'm just worried about enforcing it because there's not a whole lot of point in getting a judgement if you can't then get the money out of the claimant.

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Hi Bankfodder,

 

I will be issuing the claim today. My research tells me that the company will receive a CCJ which will be detrimental to their future dealings. The debt can also be enforced which is even worse for them. Royal mail can verify that the letter has been delivered safely to its final destination, whether or not they choose to collect the mail is their own problem. This process is worth it to know the company will be penalised in a bigger way than just paying me what they owe. I have seen evidence that the company likes to google themselves and make false positive comments, so when you read this Urban Pushchair/Bebylux/Ainea International Ltd, this is what happens when you have appalling customer service and sell faulty products. 

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Thanks for this update.

However, despite what your research suggests, I'm afraid that the CC J is unlikely to have much effect on them. It only really tends to affect the lives of dealings of individuals.

Of course if you get a judgement then it can be enforced – that is no problem – but whether the enforcement actually produce any results is completely at large. If you are dealing with a company that is experienced in fending off bailiffs then I'm afraid that you are likely to be left empty-handed.
I'm sorry if it sounds negative but I'm trying to be realistic about what happens here.

Go ahead if you are satisfied that you have got all your ducks lined up – and we will help you every step of the way – but I am a bit worried about your chances of enforcing a judgement.

However, if you did get a judgement against them and it remained unsatisfied then you could certainly start writing about it and including copies of the judgement on reviews that you put up around the Internet. This might trouble them – just possibly.

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It's a good sign that there website is back up – but don't necessarily imagine that there is a whole organisation behind it. An impressive looking website can be run by simply one or two people and it's very easy to imagine that one is dealing with it fully established organisation with the stable base.

However, it's good to see that it means they are investing money in their operation and that is positive news for you.

Please could you post up your proposed particulars of claim here – and also can you let us know exactly who you are suing and how you will be describing them.

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